Blackstone School of Law & Business

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Human Rights Act 1998 Under Review

The Human Rights Act 1998, set out by the European Convention on Human Rights (ECHR), is being reviewed with recommendations by the British government in summer next year. This review aims to analyse the structural framework of the act, reviewing the interpretation of HRA and its relationship with judiciary, executive and parliament. The reason behind this review presented by the British government is the perseverance of sovereignty of the Parliament. Due to HRA, the decisions made by ECHR enjoy constant supremacy over the domestic courts of the UK in terms of jurisprudence.

Critics declared this decision to review the Human Rights Act as another attempt to restore the UK’s status as a legal entity outside the EU. And as a tactic to escape any influence the European Union can have in the UK’s legal and political spheres. Losing HRA and jurisdiction of ECHR is being considered as an appalling prospect and a result of Brexit. The government has been receiving a lot of criticism for its cruel legislation, including deportation for non-UK nationals and refusal to pay for school meals for children. The announcement of this review during a worldwide pandemic, when legislation for human rights is already crucial, has given rise to a major criticism.

The review is a testament to the legal protections ensuring human dignity and will lead to an increase in human rights abuses, such as an increase in human trafficking.