The Government’s consultation Human Rights Act Reform: A Modern Bill of Rights ends on 8 March 2022. That’s very soon.

I know in my Eurocentric way I’ve been distracted by the COVID-19 pandemic and what’s happening between Russia and Ukraine, but in the meantime the clock has been ticking down fast on the chance for us in the UK to respond to the Human Rights Act Reform. I know that being interested in protecting my human rights and that of the people around me might come across – politely put – as a bit rich considering how human rights of people home and abroad have been horribly abused historically and still today by the UK. And I may have consciously and unconsciously contributed to this personally and professionally. But if we are to have a chance of universally protecting human rights it’s going to be harder if my rights, our rights, are weakened.

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Human rights and why they are important

In 2016, at an ISPS conference held in Liverpool, I was blown away by an initiative in Sweden that reduced the amount of control and restraint on inpatient wards to almost zero by simply teaching both staff and patients about their human rights. Not long after a friend’s daughter who was about 4 or 5 years old at the time, had been learning about human rights and explained them to me. I had managed to get way into adulthood without really understanding what my human rights are and why they are important. I don’t think I am alone in that.

Our UK Human Rights are grounded in common law that goes back to the Magna Carta (1215). Today our rights are enshrined in law – The Human Rights Act (1998) – and this protects all of us from our rights being taken away by the state.

Take the time to be informed

The UK Charity EachOther [Human Rights Explained | EachOther] has produced lots of information and a number of videos in collaboration with people affected by human rights issues to explain what our human rights are and why they are important. This is a two-minute video that gives an overview of what our Human Rights are.

For examples of how the Human Rights Act is relevant to everyday life including during the pandemic and how organisations have used it to improve life for vulnerable people in physical and mental health settings see Our Response to the HRA Review | British Institute of Human Rights, particularly pages 15-20.

Myths and legends about the Human Rights Act (1998)

At various points in the recent past our current Government has made statements about the frustrations they have with The Human Rights Act and sweeping comments with little or no evidence that paints a picture of an Act that this is not fit for purpose and open to abuse. To my mind if the point of the Act is to balance what the State can and can’t do with individuals, groups and communities, then tensions are inevitable and not a reason for weakening the protections the Act affords.

These are easy to read short blogs From the Constitution Society that:

• Give an overview of how the Government consultation moves away from what the earlier reviews had called for.
• Shows how the questions in the consultation are framed in such a way as to support myths about abuses of the Human Rights Act.
• Explains the opportunities this Consultation could have.

The government’s Human Rights Act consultation: divergence, context and evidence – The Constitution Society (consoc.org.uk)

The government’s Human Rights Act consultation: omissions and opportunities – The Constitution Society (consoc.org.uk)

Concerns about the consultation

For a brief overview of concerns about the consultation see:

Human Rights Act: 5 concerns with new consultation – Public Law Project

Concerns include we may end up using the European Court in Strasburg more than we do now and this would be a prohibitive expense for the ordinary person.

Answering the consultation

For support on how you might want to respond to the consultation and for which consultation questions you may wish to prioritise responding to, see:

Take part in the Human Rights Act Consultation | Amnesty International UK

If you download the 15-page handy guide pdf I would start reading from the bottom if you are pressed for time as the later consequences of a Rights Bill rather than a Human Rights Act were particularly concerning to me.

Key points I have found:

• The outcome of the yearlong Independent Human Rights Act Review started in December 2020 was that The Human Rights Act does not need to change or be reviewed – it needs to be implemented and evaluated.
• Positive obligations make clear that respecting and protecting rights means more than the state refraining from certain actions: they must also take active steps when the circumstances demand it. To my mind it is important to go beyond the letter of the law and to continually progress into everyday life our human rights.
• There are concerns that any dilution or watering down of current rights enshrined in the Human Rights Act may have a detrimental impact on the rights currently enjoyed by people in the UK, including Northern Ireland, and may have adverse consequences regarding the Good Friday Agreement. In Scotland, work is in progress to revise existing mental health, incapacity and adult support and protection laws. Human rights are to be the foundation of the new legislation. In 2011 Wales became the first Nation to enshrine the United Nations Convention on the Rights of the Child (UNCRC) into its domestic law. A children’s rights approach to additional learning needs is leading to better and more inclusive education for all in Wales.
• There are myths about the need for change such as the implementation of the act being costly, many cases being sent to Europe for decisions, messing with many UK laws, leading to spurious claims and payouts and that the Act is protecting undeserving individuals – but no evidence of any of this is offered.
• The proposed changes could exempt private bodies that provide public functions from the Act. Given, for example, the NHS and Social Care has become more and more privatised this is particularly worrying.
• The proposed changes could class some groups of people as outside the protection of the Act which fundamentally goes against the principle of a universal human rights act and will support discrimination towards marginalised groups.
• This consultation is an opportunity to call for the Government to robustly collect data about the use of the Human Rights so that myths about its use and consequences of its use can be dispelled.
• The consultation is an opportunity for the public to be made more aware of their human rights and to call for human rights education to be mandatory.

This is my attempt at discovering the key issues to respond to in the consultation. It is by no means an exhaustive literature review, and I do not pretend to be an expert or to even understand some of the language I have read. I note the anxiety I feel at presenting this blog to you. However, I am a concerned citizen and working with power dynamics is something clinical psychologists do day in and out. This consultation goes beyond our jobs. It is about our way of life, its about what we mean by fair, just and equal and is fundamental to what it is to be a valued human.

Declaration of interest: Ché is an Amnesty International member and supporter.