The fight for human rights in Britain must be renewed

http://www.theguardian.com/commentisfree/2013/dec/10/human-rights-day-britain-european-convention

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Human Rights Day is a time for reflection on the achievements and failures in the defence of rights and freedoms. It is for me also a time of disappointment. Disappointment that the human rights debate in the UK has become so polarised and that the untold benefits which have flowed from being a party to the European convention on human rights have been lost in the clamour against the convention system, which the UK played such a leading role in creating.

Disappointment that the debate is frequently fuelled by myths and falsehoods about the Strasbourg court and that the hostility to an institution, established by the member states with the express role and duty of interpreting and applying the convention, has served to undermine its standing and authority in this country.

Disappointment that, at a time when constructive judicial dialogue is called for, senior judicial figures here have recently added their voices to the welter of political and media censure of the court and the convention system.

Disappointment that the Human Rights Act, passed some 15 years ago with the proud aim of "bringing rights home", should be threatened with repeal. Above all, disappointment that the unpopularity of a very small number of decisions among the many thousands taken each year that pass unnoticed should be used by politicians and by the tabloid press to call not only for judgments of the Strasbourg court to be ignored or overridden, in defiance of the rule of law, but for the UK to withdraw from the convention system itself.

It is especially surprising and disturbing that these calls should come from a country with a proud history of upholding human rights and, at least until recently, of complying with judgments of the Strasbourg court. The UK's record before the court is also an impressive one. Contrary to popular mythology, significantly less than 1% of the total number of complaints lodged each year against the UK end in a finding of a violation of the convention. Whatever the effect withdrawal from the convention might have on the protection of human rights here, the harm done to the international standing of a country by the abandonment of an institution which it had played an important role in creating would be considerable.

Even more serious would be the damage that withdrawal would have on the convention system as a whole and on the protection of human rights of over 820 million people across 47 countries of Europe. It is claimed by those who advocate withdrawal that the extent of the damage is greatly exaggerated and that the continued membership and support for the system of one of the old established democracies would not weigh heavily with the newer member states and would have little, if any, influence on the effectiveness of the convention system itself. As one who has spent my entire professional life working with or within that system, I profoundly disagree. The influence of UK membership is immense; the damage resulting from its withdrawal would be incalculable.

Yet, despite the general negativity which seems to prevail, there remain grounds for optimism that the fire that inspired the Human Rights Act can be rekindled. We should be encouraged by the overwhelming support for the act and the convention rights shown in the public responses to the commission on a bill of rights. This suggests an underlying groundswell in favour of our human rights system, which has not been eradicated by the all too often unbalanced rhetoric.

There is also remarkable work being done by NGOs throughout the country in explaining and promoting respect for human rights; in exposing the myths; in responding to attacks on the act; and in increasing the knowledge of the public on the benefits that both have brought and will continue to bring to the people of this country. Rather than be distracted by political point-scoring, people are instead showing their commitment to strengthening respect for human rights by supporting the new Human Rights Charter and calling on our political leaders to stand firm on the convention and the Act.

These are not simply what are sometimes described as the "usual suspects" of the "human rights industry"; they are our neighbours, families and colleagues. They are those who seek to ensure children and women, older people and those with health problems are treated with the dignity and respect they deserve. They are those who believe in this country's tradition of fair and accountable democracy. It is to these people – to all of us – that we must turn to rekindle the fire; to show that the convention and the Human Rights Act are not remote, dry legal texts but living instruments of relevance to everyone and an essential safeguard against the abuse and misuse of public power.

The fight to preserve the Human Rights Act and to keep the United Kingdom within the convention will be a hard one, but it is one worth winning. It is more than that. It is a fight that must be won.

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