“We should never forget that everything Adolf Hitler did in Germany was “legal” and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid and comfort a Jew in Hitler’s Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country’s anti-religious laws.” – Martin Luther King, Letter From Birmingham Jail.
In recent days my Facebook newsfeed (if that’s what it’s called now) has been inundated with comments, petitions and opinions about the Tory plans to scrap the Human Rights Act. This is certainly a good thing; we should feel free to have an open and honest debate with one another about serious issues like this, and it is a joy to see this part of democracy flourish after the disappointingly undemocratic result of last weeks election. However, many of the comments have been rooted in misinformation, hyperbole or have been complete fiction, so here are a few bits of information you may find useful…
They Aren’t Related To The EU…At All
The European Convention on Human Rights, which the Human Rights Act is based upon, was signed in 1951 by multiple European countries. This was decades before the EU was formed, yet many people wrongly equate the European Court of Justice with the European Court of Human Rights. These two entities are separate. They aren’t linked, and the Human Rights Court is independent of the EU; if we left the EU today, to Nigel Farage’s glee, we would still be signed up to the European Convention on Human Rights. Don’t confuse frustration with the EU and the Human Rights Act; they are not related.
Rights Are For Everyone…Not Just The Law Abiding
This is certainly an unpopular opinion to hold, but it is also one of the founding principles of Human Rights. The European Convention on Human Rights was drawn up after the horrific events of the Holocaust. Those writing the document had seen what happens if certain people are excluded from basic rights, and they sought never to see this injustice again. I’m not saying that as soon as the apparent shackles of Human Rights are broken that minorities will be herded up and deported, but it is a dangerous line to say that rights don’t apply to selected people.
The right wing press and the government love to drone on about how terrorists rely on the Human Rights Act, but the line between a terrorist and a freedom fighter is blurred; Martin Luther King, Mahatma Gandhi and Nelson Mandela were terrorists, but they were also freedom fighters. It’s an age old technique to deem those resisting the system a terrorist, allowing their rights to be curtailed. Look at the Suffragettes a century ago, or the latest Conservative attempt to curtail the ability of the opposition to speak. It is understandable that people are frustrated when dangerous people are allowed to stay in the country, but to say that criminals don’t have rights is a line that I will never cross. It takes very little to be regarded as a criminal, so we need to be careful before we throw their rights out of the window.
Foreign Oversight Isn’t A Terrible Thing
Conservative MP Peter Bone was on TV yesterday bumbling his way through an interview in which he spoke about the European Court of Human Rights being a threat to our sovereignty, saying that the new British Bill of Rights would be a way of restoring the supremacy of the Supreme Court in the UK. On a nationalist and emotional level this argument has traction, but when you actually think about it, the argument loses its credibility fairly quickly. Domestic courts are swayed by public moods and opinions, and the UK judiciary can fairly easily be overruled by politicians. The European Court on the other hand is made up of judges from all over Europe, and is the final arbiter of cases. It has an English voice, but it also has an important sense of objectivity because it is somewhat distant.
The go to example of the European Court overruling our interests is how it blocked the UK’s attempts to deport Islamic hate preachers like Abu Hamza and Abu Qatada in recent years. These men were vile and despicable, but there were credible threats to their ability to receive a fair trial, free of torture. Because the Human Rights Act prohibits torture, these men were able to stay in the UK until these threats could be neutralised. Yes, this was frustrating and expensive, but if we allow ourselves to sacrifice the rights of others for our own wellbeing, aren’t we losing the ability to call ourselves a liberal and democratic state?
Rights Are Absolute
This is imperative; Rights cannot traded, they don’t sway by public opinion and they cannot be discarded because they can be a little bit troublesome to those in power. They are innate to all humans, regardless of where you are born, your gender, your class, your religion or your sexual orientation. Each and every one of us is afforded the same rights, the same protection and the same power. Any attempt to alter this, and make one nationality superior to another, or give one group of people preferential treatment, should bring you great fear and discomfort.
Conclusion
The left aren’t trying to scaremonger or use the withdrawal of the Human Rights Act to justify their anger at what is widely perceived as an unfair election result. They are honestly concerned by the gravity of this situation. The media may be salivating at the prospect of these rights disappearing, and politicians may try to pander to the population with promises of security if this happens, but be under no illusion; the threat is real. A government that willfully removes rights is not respecting our democratic traditions, and needs to be reminded of what a liberal democracy stands for.
Want more information? Check out these sources for more information about Human Rights, and why you ought to be concerned.
https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/human-rights-act-myths
http://rightsinfo.org/infographics/the-14-worst-human-rights-myths/
Have a read of Thomas Paine’s Rights of Man, or Tocqueville’s Democracy in America; both provide an excellent commentary on why rights are so important, and why this should make you angry.