At Just Fair, we believe that the Human Rights Act 1998 is essential. The UK Government should be building on, and adding to, the human rights measures that help us create a fairer and more just world.
We responded to the UK Parliament’s Joint Committee on Human Rights inquiry on ‘The Government’s Independent Human Rights Act Review’. We draw on academic research, case law and practitioner experience to provide our view on economic, social and cultural rights protection, in response to two questions:
- Has the Human Rights Act led to individuals being more able to enforce their human rights in the UK?
- How easy or difficult is it for different people to enforce their Human Rights?
We strongly believe:
- That the Human Rights Act has led to individuals being more able to enforce their human rights in the UK.
- However, there are barriers faced by different individuals to enforce their economic, social and cultural rights in the UK under the current framework.
- Despite these barriers, the Human Rights Act plays a fundamental role in protecting human rights and is an important part of the constitution.
- There are no reasons why the UK Government should weaken enforcement mechanisms in the Human Rights Act or undermine the current level of human rights protection.
As such, we urge the UK Government to take progressive steps towards adopting a legal framework which realises all human rights according to the principle of indivisibility. We believe the UK Government should build on the Human Rights Act instrument by incorporating economic, social and cultural rights into domestic law.
Our submission consists of four main parts:
- The current level of protection of economic, social and cultural rights in the UK under the Human Rights Act.
- Consideration of the adjudication for economic, social and cultural rights under the enforcement mechanisms available in the Human Rights Act.
- Exploration of access to justiciable remedies under the Human Rights Act.
- Urging the UK Government to build on the Human Rights Act to improve enforcement of all human rights in the UK.
We hope that the expert panel will take this opportunity to add greater protection to the everyday rights we need to enjoy our lives.
See our resources, research and campaign on ‘protecting economic and social rights’ here.
See our summary of the UK Government’s announcement that a panel of experts will examine whether there is a need to reform the Human Rights Act.
For more information, contact our Campaigns and Advocacy Lead, Misha Nayak-Oliver.