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‘Tearing up the Human Rights Act would be a giant leap backwards!’ says Amnesty

Stafford Hospital Campaigners fighting against cuts to the hospital – cuts that contributed to the loss of lives

‘TEARING up the Human Rights Act would be a giant leap backwards. It would be the single biggest reduction in rights in the history of the UK,’ said Amnesty UK Director, Kate Allen on Monday.

She was responding to the UK government’s announcement that Sir Peter Gross has been appointed to lead a review of the Human Rights Act.
Allen continued: From Hillsborough to Grenfell to the appalling mishandling of the recent Covid crisis in care homes, we have never so badly needed a means to hold the government to account and we know that the Human Rights Act does that extremely effectively.
‘It took ordinary people a very long time to win these rights and we mustn’t let politicians take them away with the stroke of a pen.
‘This looks worryingly like the latest power-grabbing move from a government that doesn’t like limits on its powers or judges who tell them when they break the law.
‘What the government is proposing is also a gift to tyrants the world over. How can the UK call on other countries to respect human rights protections and legal responsibilities if they are busy ripping up the rule book at home?’
More than 175,000 people have called for the Human Rights Act to be kept at www.savetheact.com
Amnesty highlighted 20 of the most high-profile justice fights which involve the Human Rights Act since it came into force 20 years ago this year:

The Human Rights Act changed that. It enabled the families of those who died to get a proper inquest, one where they could tell their loved ones’ stories and which revealed the truth: that mistakes made by the police and others led to their deaths.

The claims followed the first report into Stafford Hospital which estimated that as many as 1,200 people had died unnecessarily at the hospital between 2005 and 2008 due to the ‘appalling’ standards of care provided. The families were able to rely on the investigative obligation inherent in the right to life (Article 2 of the act) as relatives’ lives were lost.

She was never paid and her employer withheld her passport. Patience eventually managed to escape – only to be met with police disinterest.
Using Article 4 of the Human Rights Act, no slavery or forced labour, human rights organisation Liberty forced the police to reopen the case and Patience’s employer was finally prosecuted.

The Equality and Human Rights Commission, which intervened in the case, argued that being able to make a decision about whether a life is worth living is a fundamental right protected under Article 8 of the Human Rights Act.

She always maintained her stories were in the public interest and that her sources and correspondence should have been private.
After being arrested and spending 19 months on police bail, the case against her collapsed after the judge ruled that the police had breached her Article 10 freedom of expression rights which protect journalists and their sources, and the evidence was not admissible.

This was a clear breach of the couple’s right to a family life as protected by the Human Rights Act and a public campaign was launched to encourage social services to think again. As a result, Mrs Driscoll’s needs were re-assessed and the couple were reunited – setting an example to cite for elderly couples who want to remain together in a care home.

Her application for a widowed-parent allowance, which could have meant up to £118 per week, was also refused. She challenged this using the Human Rights Act.
The Supreme Court ruled that to deny a widow bereavement benefits because she and her partner of 23 years were unmarried was discriminatory and a breach of Article 14 (non-discrimination) and Article 8 (private and family life) of the Human Rights Act.

Jan took legal action under the Human Rights Act to secure better care from the council and won. She was able to enjoy a better quality of life because of the case and became a committed campaigner for human rights and the Human Rights Act until her death last year.

In 2012, the then Home Secretary Theresa May announced that the threat to Gary’s health was so high that sending him to trial in the USA would be incompatible with the UK’s responsibility to protect his human rights. Gary was spared extradition by the Human Rights Act.

The court found that their privacy had been breached and that police policy was disproportionate.

Stewart later admitted the murder and drew a swastika on the wall.
The Mubarek family fought for an independent public inquiry using the Human Rights Act under the right to life (Article 2) to investigate deaths where the state might be implicated. A court found in the family’s favour that the investigations surrounding Zahid’s death were not sufficient to meet the standard required by the right to life under Article 2 of the Human Rights Act.

Four of the Human Rights Act rights are particularly relevant to Grenfell: right to life (Article 2), the right not to be subjected to inhuman and degrading treatment (Article 3), right to respect for private and family life (Article 8) and the right to peaceful enjoyment of possessions (Article 1).
These rights have been used by people involved in other tragedies to hold public officials to account for loss of life, but also loss of homes and possessions.

They will be arguing that the policies and practices of the Home Office that caused such harm to people long settled in this country were discriminatory and unlawful as they were in breach of the Human Rights Act for being ‘inhuman and degrading’ and contrary to Article 3 and Article 8 of the Human Rights Act.

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