- my contribution to a discussion organised by the Guardian newspaper/online early in July 2015 about pros and cons of the HRA for the UK:
(The ECHR) came into being as a tool of democracy and social justice in agreement of European states to secure democratic control. As a German citizen, born in 1954, I grew up with its importance, even in matters of social policy: To make sure to aim for a just and equal society. Living and working in the UK for the last 2o years, I have found the social divide and the gap between rich and poor to be much deeper and steeper on these Isles. While the 'rights for criminals too' from a German perspective seems particularly important, it is regrettable that the media in the UK have fuelled a hysteria around this and neglected to publicise the opportunities and necessities to employ the ECHR for everyday issues of dignity and integrity of personhood. In my recent experience as a whistleblower in NHS Mental Health Services these tools need to be strengthened in the UK - both for the benefit of patients and those who highlight critical issues, and for, dare I say it, Professional Development for Judges. The HRA already weakened the right of a person when taking infringements to Court (compared to the ECHR). Weakening the link to the ECHR further (thorugh a mere national Bill) can in my view only be detrimental for what is left of social cohesion in the UK.
PS I should also have mentioned that it should be a criminal offence to breach someone's human rights: A couple of weeks ago, the case of a young care-leaver was in the media who did not receive (adequate) support and ended up killing himself in a YOI - all that justice could give him was an inquest, 4 years later, confirming the failings of services. That might change, if criminal charges could be brought against those managing neglectful services.
(The ECHR) came into being as a tool of democracy and social justice in agreement of European states to secure democratic control. As a German citizen, born in 1954, I grew up with its importance, even in matters of social policy: To make sure to aim for a just and equal society. Living and working in the UK for the last 2o years, I have found the social divide and the gap between rich and poor to be much deeper and steeper on these Isles. While the 'rights for criminals too' from a German perspective seems particularly important, it is regrettable that the media in the UK have fuelled a hysteria around this and neglected to publicise the opportunities and necessities to employ the ECHR for everyday issues of dignity and integrity of personhood. In my recent experience as a whistleblower in NHS Mental Health Services these tools need to be strengthened in the UK - both for the benefit of patients and those who highlight critical issues, and for, dare I say it, Professional Development for Judges. The HRA already weakened the right of a person when taking infringements to Court (compared to the ECHR). Weakening the link to the ECHR further (thorugh a mere national Bill) can in my view only be detrimental for what is left of social cohesion in the UK.
PS I should also have mentioned that it should be a criminal offence to breach someone's human rights: A couple of weeks ago, the case of a young care-leaver was in the media who did not receive (adequate) support and ended up killing himself in a YOI - all that justice could give him was an inquest, 4 years later, confirming the failings of services. That might change, if criminal charges could be brought against those managing neglectful services.