The EU-UK trade agreement generally commits the parties to respect human rights as a common value in the ”Basis for cooperation” section and to respect the ”international human rights treaties to which they are parties” (Article KOMPROV.4). Chapter 3, entitled ”Prosecutions”, is much more concrete and obliges the UK and the EU to respect the ECHR and to ”implement the rights and freedoms of this Convention at national level” (Article LAW. GEN.3). Although the government announced a revision of the HRA in December, this provision fictitiously prevents a more ambitious revision of the law provided for in the 2014 Conservative proposals. This is reinforced by the provision that if the UK withdraws from the ECHR, law enforcement and security cooperation will cease, regardless of whether the rest of the Treaty is still in force or not (Article LAW. OTHER.136). It will be interesting to see in immigration courts how human rights issues are interpreted in the context of asylum applications, without using ECHR statements as precedents, as the majority of cases of national orientation are based on the principles of the ECHR. While Priti Patel regularly throws tantrums over a bonfire similar to that of the savannah of EU human rights declarations and other multilateral human rights declarations; It is unlikely that the tentacles of the ECHR and other bodies of international law will be breached in UK national law in the foreseeable future. EU law has underpinned many of Northern Ireland`s equality laws and strengthened the protection of a wide range of groups, including women, the disabled, the elderly and people belonging to diverse communities. Without the equality and legal guarantees enshrined in the Protocol, there could be an effective withdrawal of rights in Northern Ireland, with citizens suffering from weaker equality laws and fewer and fewer rights. However, there are many things the UK could do to restrict rights that do not involve a withdrawal from the European Court of Human Rights.
For example, the government could pass a law that significantly restricts how the case law of the European Court of Human Rights is applied in UK courts or, as is the case with the Overseas Transactions Bill, restricts the applicability of ECHR law in certain situations. Russia passed a law in 2015 that severely limits the national applicability of decisions of the European Court of Human Rights, and the struggles between Hungary and Poland and the European Commission over the rule of law and the protection of rights show that it is possible that a complete non-compliance with human rights standards can be integrated into the convention system. As Professor Steve Peers notes, the key omission in the text of the treaty is that, beyond the provisions of Chapter 3, there is a lack of clarity about what will happen if the UK does not fulfil its obligations to protect rights. While it is clear how a withdrawal from the ECHR would terminate the agreement, it is much less clear how broader non-compliance with the ECHR or the European Court of Human Rights would be addressed. ”The rights of the people of Northern Ireland must not fall victim to a trade war” – Patrick Corrigan The EU-UK Trade and Cooperation Agreement contains a number of provisions that ”include” the UK`s continued commitment to the European Convention on Human Rights (ECHR). As in many other areas, arguments about the ECHR and post-Brexit human rights are far from being rebuffed, writes Frederick Cowell (Birkbeck College). The political declaration accompanying the 2018 Withdrawal Agreement committed the UK to remain in the ECHR as a basis for future cooperation. The European Parliament adopted two resolutions on the Brexit negotiations, specifying that the UK must remain a party to the ECHR for security cooperation and as a reflection of EU values. None of these developments necessarily precluded changes to the RHS.
But what the Conservatives had envisioned in 2014 was something that would have evolved towards the repeal of the European Court of Human Rights, or at least a fundamental overhaul of the legal powers of the European Court of Human Rights. The Brexit process appears to have limited the status quo surrounding the UK`s relationship with the ECHR to such an extent that the 2019 Conservative Manifesto did not even mention the ECHR. This version of the withdrawal law removes clauses that promise alignment with the EU in terms of workers` rights. The government has stated that it will protect and enhance these rights in a separate employment law. ”The commitment to the protection of rights and equality was at the heart of the Belfast/Good Friday Agreement, which in turn was essential to the maintenance of peace in Northern Ireland. The protocol guarantees these rights to all in Northern Ireland. The government said it still intends to reach an agreement to protect underage asylum seekers after Brexit. This Charter incorporates the human rights contained in the European Convention on Human Rights. This is a completely separate framework for the Charter that the UK will maintain even after Brexit – but adds a number of additional safeguards, including: UK citizens in the EU and EU citizens in the UK will retain their residency and social security rights after Brexit. This marks a break with the latest version of the withdrawal law, which has been criticised for abandoning a legally binding obligation to comply with EU rules on workers` rights and social and environmental protection after Brexit. The ECHR is not an EU institution; the ECHR was created by the Council of Europe in 1950, the founding text of the EU was the Treaty of Rome of 1957. The Council of Europe has 47 members out of the EU`s 27 members, and countries such as Norway, Switzerland and Iceland are parties to the ECHR but have different relations with the EU.
Therefore, every law student rolls his eyes when the ECHR and the EU are treated as one and the same. Nevertheless, opposition to the ECHR and the EU overlaps in the UK; Allegations that the ECHR weakens parliamentary sovereignty were also made during the debate on the European Court of Human Rights` decision on the prisoner`s voters in 2011. As public hostility to immigration increased in the late 2000s, a common refrain in the focus groups was that asylum seekers and foreigners were using human rights to ”play with the system.” The commitment to repeal the Human Rights Act (HRA), which transposes the ECHR into UK law, was first made by the Conservatives in 2006 and was part of a wider constitutional reform project that later included a commitment to a referendum on the Lisbon Treaty. ”Any triggering of Article 16 and the consequences that may result from it – such as the suspension of the Trade and Cooperation Agreement – jeopardise this equality and the protection of human rights. Publication of the Northern Ireland Equality Commission and the Northern Ireland Human Rights Commission. A Brief Guide to Equality and Human Rights After Brexit: The UK Government`s Commitment under Article 2(1) of the Ireland/Northern Ireland Protocol. As part of the EU-UK Withdrawal Agreement, the UK Government has committed to ensuring that the guarantees of equality and human rights for the people of Northern Ireland, as set out in the Belfast/Good Friday Agreement, are also protected after Brexit. The Northern Ireland Human Rights Commission and the Northern Ireland Equality Commission have been tasked with monitoring the Government`s commitment to protecting equality and human rights in Northern Ireland after Brexit. Most of the 102-page withdrawal bill is identical to the previous version introduced in Parliament in October. However, a number of clauses have been amended or deleted, including on workers` rights.