Nicolas Bratza says Britain's reputation is being tarnished by political attacks on the legislation as he steps down as senior judge
Britain's international reputation is being tarnished by political attacks on the Human Rights Act, according to Sir Nicolas Bratza who has stepped down as Europe's most senior judge.
In a speech celebrating the 60th anniversary of the creation of the European Convention on Human Rights, the former president of the Strasbourg court launched a public campaign to save the legislation from "those determined to destroy" it.
Both the home secretary, Theresa May, and the justice secretary, Chris Grayling, have called for withdrawal from the European Court of Human Rights (ECHR) or for it to have a radically reduced role within the UK. Their demands are expected to feature in the Conservative party's 2015 political manifesto.
Sir Nicolas, who retired from the court last year, told a conference at the Law Society's headquarters in London: "I question what has happened here at home, to bring about the tarnishing of the legacy which the UK inherited when ratifying the convention and enacting the Human Rights Act which gave effect to it – that remarkable piece of legislation, which has brought great benefits to a great many people in this country?"
Bratza condemned the "virulence of the attacks" on the Strasbourg court which has variously been described in a spirit of "malice", he said, as a "kangaroo court" and a "Mickey Mouse tribunal".
"What can be done to restore the act and what it stands for to its rightful place and to rekindle the fire which inspired its original enactment – to bring the convention rights home?
"Politicians must be encouraged to speak up openly in defence of the Human Rights Act and convention. The press, too, carry a responsibility to ensure a more balanced and wider dissemination of information about the positive aspects of human rights protection in this country."
"Rekindling the fire and keeping the act and the UK within the convention will not be an easy task. It will involve confronting those determined to destroy both. But it will also involve taking every opportunity to make more widely known to the general public the untold benefits which have derived from bringing rights home. It will be a hard fight, but one worth winning. It is more than that; it is a fight which must be won." Last year the ECHR dealt with 88,000 cases, Bratza added, "far more than any other in the world".
Sir Nicolas is now president of the British Institute of Human Rights (BIHR), an organisation which supports the convention and human rights act. This is his first major speech since leaving Strasbourg.
Among others attending the conference were Sadiq Khan MP, the shadow justice secretary, the Liberal Democrat MP Julian Huppert and the Conservative MP Mark Reckless.
Reckless, the MP for Rochester, asserted that elected representatives at Westminster rather than foreign judges should be the final authority for legislation. "We should look at the ECHR and the convention on the basis of what is right for Britain today," he said. "I'm uncomfortable with judges ... interpreting general principles particularly when they conflict with clear statutory prescriptions determined by elected representatives."
Reckless supported UK withdrawal from the ECHR because "my concern is that the convention and the way it is applied is undermining sovereignty and the rule of law".
Both Khan and Huppert warned that if the government withdrew from the Strasbourg court it would reduce the UK to the status of Belarus – the only country in Europe that is not a member of the ECHR.
Writing for the Guardian, Shami Chakrabarti, the director of Liberty, said: "In 21st century Britain the European convention has become a political punchbag, with sections of Westminster and the media resorting to myth and spin to attack and devalue it. Confronted with such a toxic debate, it's instructive to remember that this treaty was a response to genocide at the heart of Europe; our pledge to ensure that such inhumanity was never repeated …
"Why then are senior Tories preparing to head for the polls in 2015 advocating convention withdrawal? Perhaps it's just the "European" label. Disturbingly, though, it's more likely that its fiercest critics balk at protecting all human beings, rather than just citizens. Ironically, these detractors are often far more comfortable with military intervention abroad than legal protection at home. They would also do well to reflect on universal values – not dependent on sex, race, nationality or any other status – and the ultimate sovereignty of the human being." Reported by guardian.co.uk 12 hours ago.
Britain's international reputation is being tarnished by political attacks on the Human Rights Act, according to Sir Nicolas Bratza who has stepped down as Europe's most senior judge.
In a speech celebrating the 60th anniversary of the creation of the European Convention on Human Rights, the former president of the Strasbourg court launched a public campaign to save the legislation from "those determined to destroy" it.
Both the home secretary, Theresa May, and the justice secretary, Chris Grayling, have called for withdrawal from the European Court of Human Rights (ECHR) or for it to have a radically reduced role within the UK. Their demands are expected to feature in the Conservative party's 2015 political manifesto.
Sir Nicolas, who retired from the court last year, told a conference at the Law Society's headquarters in London: "I question what has happened here at home, to bring about the tarnishing of the legacy which the UK inherited when ratifying the convention and enacting the Human Rights Act which gave effect to it – that remarkable piece of legislation, which has brought great benefits to a great many people in this country?"
Bratza condemned the "virulence of the attacks" on the Strasbourg court which has variously been described in a spirit of "malice", he said, as a "kangaroo court" and a "Mickey Mouse tribunal".
"What can be done to restore the act and what it stands for to its rightful place and to rekindle the fire which inspired its original enactment – to bring the convention rights home?
"Politicians must be encouraged to speak up openly in defence of the Human Rights Act and convention. The press, too, carry a responsibility to ensure a more balanced and wider dissemination of information about the positive aspects of human rights protection in this country."
"Rekindling the fire and keeping the act and the UK within the convention will not be an easy task. It will involve confronting those determined to destroy both. But it will also involve taking every opportunity to make more widely known to the general public the untold benefits which have derived from bringing rights home. It will be a hard fight, but one worth winning. It is more than that; it is a fight which must be won." Last year the ECHR dealt with 88,000 cases, Bratza added, "far more than any other in the world".
Sir Nicolas is now president of the British Institute of Human Rights (BIHR), an organisation which supports the convention and human rights act. This is his first major speech since leaving Strasbourg.
Among others attending the conference were Sadiq Khan MP, the shadow justice secretary, the Liberal Democrat MP Julian Huppert and the Conservative MP Mark Reckless.
Reckless, the MP for Rochester, asserted that elected representatives at Westminster rather than foreign judges should be the final authority for legislation. "We should look at the ECHR and the convention on the basis of what is right for Britain today," he said. "I'm uncomfortable with judges ... interpreting general principles particularly when they conflict with clear statutory prescriptions determined by elected representatives."
Reckless supported UK withdrawal from the ECHR because "my concern is that the convention and the way it is applied is undermining sovereignty and the rule of law".
Both Khan and Huppert warned that if the government withdrew from the Strasbourg court it would reduce the UK to the status of Belarus – the only country in Europe that is not a member of the ECHR.
Writing for the Guardian, Shami Chakrabarti, the director of Liberty, said: "In 21st century Britain the European convention has become a political punchbag, with sections of Westminster and the media resorting to myth and spin to attack and devalue it. Confronted with such a toxic debate, it's instructive to remember that this treaty was a response to genocide at the heart of Europe; our pledge to ensure that such inhumanity was never repeated …
"Why then are senior Tories preparing to head for the polls in 2015 advocating convention withdrawal? Perhaps it's just the "European" label. Disturbingly, though, it's more likely that its fiercest critics balk at protecting all human beings, rather than just citizens. Ironically, these detractors are often far more comfortable with military intervention abroad than legal protection at home. They would also do well to reflect on universal values – not dependent on sex, race, nationality or any other status – and the ultimate sovereignty of the human being." Reported by guardian.co.uk 12 hours ago.