Why we need human rights (5) - Cases since 1975 - Interesting links

Human Rights within the UK are now well and truly on the political agenda.  In four recent posts, I have looked at some situations where human rights law has undoubtedly been at the forefront of improvements to our domestic law.

A Research Briefing issued by Parliament on 22nd May contains a summary of human rights cases involving the UK since 1975.  It makes for interesting reading.  The cases are divided into two time periods: 1975-2000 and 2001 to the present day.  The Human Rights Act 1998 came into force on 2nd October 2000.

Parliament - Research Briefing - Paper No. 05611 (22nd May 2015)

Previous posts:

Why we need human rights (4) - Gender ~ Civil Parnerships and Marriage

The European Convention on Human Rights has played a major role in the legal recognition of gender reassignment and also it has strongly influenced government to bring forward legislation for both civil partnerships and same sex marriage. Here is a brief history.

Transgender:

In Bellinger v Bellinger [2003] UKHL 21 , the issue (in simple terms) was whether the law would recognise gender reassignment.   More specifically, was Mrs Elizabeth Bellinger, validly married to Mr Michael Bellinger since marriage was (at the time) confined to persons of opposite sex.

The leading speech was that of Lord Nicholls of Birkenhead which is a masterful analysis of the development of the law.  His Lordship noted

Why we need our human rights (3) - Mental Health

The Convention has had a profound impact upon the way in which those with mental health problems are treated and cared for.  However, this is an important and difficult area where there continues to be room for considerable improvement.  Nevertheless, human rights have been a driving force behind the improvements to law and practice that have occurred in recent times.

The Mental Capacity Act 2005 (MCA)  - (link to the Act).

The MCA was designed to protect those who cannot make decisions for themselves. The MCA is underpinned by human rights principles that aim to ensure its provisions are applied in a way that respects our human rights. Guiding principles of the MCA include:

Queen's Speech 27th May 2015 ~ quick notes

The State Opening of Parliament has taken place and the Queen's Speech was delivered - see the full text of the speech (New Statesman 27th May).  The Speech outlines the principal features of the government's legislative programme.  The Speech announced some 26 Bills but it does not tell us everything that will be done.    There is always the phrase - "Other measures will be laid before you."

Much more detail is available in Briefing Notes issued by the government - Queen's Speech 2015
and see No. 10 Policy paper - Queen's Speech - what it means for you

Reform of Human Rights Law remains on the agenda but the Queen's Speech merely referred to proposals being brought forward.  It remains to be seen whether this will be merely a consultation document or more.  This is likely to prove to be an exceptionally difficult area and it seems that the government is not in an excessive hurry to legislate.

Given the constitutional importance of some of the proposals, it is disturbing to note that the Political and Constitutional Reform Committee has been quietly scrapped - The Independent 27th May - The watchdog that would have scrutinised the end of the human rights just got quietly scrapped

Why we need OUR human rights (2) - the Right to LIfe

The European Convention on Human Rights and the Human Rights Act 1998 have brought about beneficial changes to our domestic (national) laws.  THE most important human right is the right to life itself (ECHR Article 2).  Here are some of the ways in which Article 2 has impinged in beneficial ways on our law.

Use of lethal force:

Back in 1995, in McCann and others v UK (1996) 21 EHRR 97, the E Ct HR found by a 10 to 9 majority that the UK was in breach of Article 2 when British soldiers killed suspected IRA terrorists in Gibraltar.  This was a highly controversial decision but the European Court of Human Rights (E Ct HR) set out the general principles applicable to the use of lethal force by the military, police and security forces.  At the time,

Why we need OUR human rights (1) - 17 year olds and the Police

On 19th April 2012, HC (the claimant) was just 17 years old when he was arrested on suspicion of having been involved in a robbery.  The Police did not inform his mother of his arrest.  In fact, they had no obligation to do so because the law at the time treated an arrested 17 year old as if he were an adult.

A judicial review was heard at the High Court in February 2013 and judgment given on 25th April 2013 - R(HC) v Secretary of State for the Home Department [2013] EWHC 982 (Admin) - Moses LJ and and Kenneth Parker J.

It is quite a lengthy and complex judgment so let's "cut to the chase."

Rights in the UK and elsewhere ...

Updated - additional material 24th May ...

Just how close the UK is to being an elective dictatorship is debatable.  In practice (if not in legal theory), a number of features operate to limit any tendency to such a situation.  One is devolution of powers from Westminster to the Scottish Parliament and to the Assemblies in Wales and Northern Ireland.  Another is the stronger protection of human rights in the UK offered by the Human Rights Act 1998 (HRA).  This is a system of rights protection based on the Council of Europe's European Convention on Human Rights (ECHR).

The ECHR requires that governments protect rights but