All posts tagged: Bill of rights

The Bill of Rights threatens access to justice for civilians and service personnel – Ceasefire and RSI joint briefing

 

The UK government’s plans to abolish the Human Rights Act (HRA) and replace it with the Bill of Rights poses a serious threat to the human rights of both civilians and service personnel.

Ceasefire and Rights & Security International have published a joint briefing on the impact of the Bill of Rights on overseas military operations.

This Bill, if enacted would end access to justice for human rights violations occurring in UK overseas military operations. This would significantly impact the ability of members of the Armed Forces and civilians to gain redress and closure in the UK courts for allegations of wrongdoing – essential to military discipline, individual rights and long-term peacebuilding.

Despite being described as “a complete mess” by Whitehall sources, “neither necessary nor sufficient” by Sir Peter Gross who chaired the Independent Human Rights Act review last year, and being widely condemned by human rights organisations, the Justice Secretary, Dominic Raab MP, has persevered with this Bill.

When combined with the Overseas Operations Act passed last year, this legislation would mean that the armed forces could act with greater impunity during overseas operations.

Ceasefire and RSI call on the government to stop its plans to introduce the Bill of Rights.

Read the full briefing here

For any media enquiries or further questions, please contact Ceasefire’s Advocacy Officer, Lydia Day, at lydia.day@ceasefire.org.

 

ceasefireThe Bill of Rights threatens access to justice for civilians and service personnel – Ceasefire and RSI joint briefing
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CEASEFIRE submits evidence to the UK government consultation on reform of the Human Rights Act

Read our submission to the consultation on reforming the Human Rights Act here.

CEASEFIRE has submitted a response to the Ministry of Justice consultation to abolish the Human Rights Act 1998 (HRA) and instead replace it with a new Bill of Rights. CEASEFIRE’s submission, drafted by legal expert Dr Stuart Wallace, responds specifically to the section on the extraterritorial jurisdiction of the HRA.

CEASEFIRE’s view is that any attempt to remove overseas military operations from the application of human rights law, whether by means of an international protocol, domestic legislation, or derogation, poses a severe threat to the rights of civilians. The government also faces formidable obstacles in its proposals for this and is unlikely to achieve its aims.

Rather than trying to change the application of the law to military operations, the government should take alternative approaches to address underlying problems which lead applicants to use the ECHR/HRA system in the first place.

CEASEFIRE makes the following recommendations to the government:

  1. Improve enforcement of IHL in military operations
  2. Offer alternative, independent and effective forums for complaints to be addressed
  3. Conduct prompt, independent, impartial and effective investigations where alleged violations occur in theatre and improve investigation methods
  4. The UK should seek complementary application of IHL and IHRL during military operations, as this is consistent with the UK’s other legal obligations and international legal practice.

Our report Reparations for Civilian Harm in Military Operations: Towards a UK Policy examines compensation claims for civilians harmed by UK military operations in Iraq and Afghanistan. Many of these claims are made under the Human Rights Act 1998.

Read our full submission here. Our thanks goes to Dr Stuart Wallace for drafting this submission.

We have also published a short article explaining the HRA, extraterritorial jurisdiction of the HRA, and what the consultation proposes.

ceasefireCEASEFIRE submits evidence to the UK government consultation on reform of the Human Rights Act
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