Modern aversion to human rights protection in the United Kingdom can be seen on the surface of British politics, from Theresa May’s indignation that she was unable to deport an illegal immigrant because he had a pet cat, to Nigel Farage’s demand that we “scrap the EU Human Rights Act”. The modern rallying cry for human rights sceptics often takes the form that we, the British, have no need for coffee-drinking, baguette-eating European to tell us how to do human rights. The problem though is that rights protection is not that simple, and never has been, so why do we let human rights be disparaged by these tabloid-level soundbites and mantras?
When bashing human rights, politicians are most commonly referring to the European Convention of Human Rights (ECHR) which was created by the Council of Europe which, for clarity’s sake, has nothing to do with the European Union – incidentally making Farage’s claims about the “EU Human Rights Act” farcical. The ECHR established the European Court of Human Rights (ECtHR), frequently referred to as ‘Strasbourg’ in lieu of its location. These elements of European influence running through our human rights make it an easy target for politicians wanting to exploit the rife Euroscepticism that exists in modern Britain. This is why, perhaps unsurprisingly, key features of the ECHR’s history are left out by its critics.
The ECHR can find its origins in the ruins of Europe following World War Two, and the Holocaust, in which it was decided action must be taken to prevent future human rights abuses across the continent. Winston Churchill, and the British delegation, played a key role in the drafting of the Convention and were ardent supporters of it. Since then, the Convention has evolved according to the changing nature of Europe and has helped in reducing discrimination and exposing rights abuses.
Looking then at the face of modern Europe, the significant role of the ECHR may seem unnecessary and can even seem to be an inconvenience to public protection and government policy. However, the Convention should not be perceived as only existing to prevent grave breaches of human rights, but also to remedy all forms of discrimination, such as the right of LGBT couples to adopt or for people of all faiths to have the same job opportunities. These breaches still occur across Europe, with significant examples appearing in Poland and Hungary where radical anti-LGBT policies are being enacted, such as ‘LGBT free zones’.
This is one reason why it is more crucial than ever that other States party to the Convention continue to believe in and abide by it. If disagreements with Strasbourg start to appear over issues, for example prisoner voting rights, it waters down the impact of the ECtHR’s rulings and threatens the possibility that judgments given by the Court to clear breaches(such as those appearing in Eastern Europe), are swept aside, and ignored by the violating State. Arguing and fighting for proper rights protection is not done only for yourself, or your group’s, but is done for the wider community.
This is why the rhetoric used in modern politics about seemingly humorous issues, like the failed deportation of a man because of his cat, and other false remarks which attempt to sabotage the mechanisms for rights protection are dangerous. Dangerous not only for the prevention of relatively benign issues that may appear in nations like the UK, but also for those that rely on the Convention to prevent fundamental breaches of human rights, which appear more likely to occur on a daily basis, and cause one to consider the events that led to the creation of the ECHR.
Aidan Taylor, History in Politics Contributor