An independent government-appointed commission published its report on the creation of a United Kingdom Bill of Rights. Most of the commission's members believed that, on balance, there was a strong argument in favour of a Bill of Rights, on the basis that it would incorporate and build on the UK's obligations under the European Convention on Human Rights (ECHR), and that it would provide no less protection than was contained in the existing Human Rights Act (HRA) and the devolution settlements. It would also address the lack of ownership by the public of the HRA and ECHR. A minority of the commission's members expressed a fear that one of the principal arguments relied upon by the majority – the issue of public ownership of rights – would be used to promote other aims, including a diminution of equal rights, and a decoupling of the UK from the ECHR.
Source: A UK Bill of Rights? The Choice Before Us, Commission on a Bill of Rights
Links: Report | Annexes | Commission press release | Hansard | Amnesty press release | British Academy press release | BIHR press release | EDF press release | EHRC press release | FFT press release | Labour Party press release | Mind press release | UKHRB press release | Daily Mail report | Guardian report
Date: 2012-Dec
The human rights watchdog in Scotland examined the realization of human rights in Scotland in comparison with international standards. Although Scotland had made notable progress, it could do better. Outcomes for people were often inconsistent, and there were other 'gaps' that should and could be filled.
Source: Getting it Right? Human rights in Scotland, Scottish Human Rights Commission
Links: Report | Summary | SHRC press release
Date: 2012-Oct
A report examined the options for a new United Kingdom Bill of Rights. It said that the existing state of human rights law in the UK struck a good balance between respect for democracy and the need to protect human rights; and that attempting to recalibrate that balance might prove to be a 'difficult and thankless' task.
Source: Colm O'Cinneide, Human Rights and the UK Constitution, British Academy
Links: Report | British Academy press release
Date: 2012-Sep
A report examined how the Regulation of Investigatory Powers Act had been used by both local and public authorities in recent years. Although the coalition government had changed the law to require local authorities to seek a magistrate's warrant for RIPA surveillance, and only to use it for serious crimes, there was still a great deal of uncertainty about how and why the powers were being used – and a clear need for further action to protect civil liberties.
Source: A Legacy of Suspicion: How RIPA has been used by local authorities and public bodies, Big Brother Watch
Links: Report | BBW press release | LGA press release | Guardian report
Date: 2012-Aug
An article examined whether the debate about a more British Bill of Rights was a pragmatic fudge or a dangerous swindle capable of depriving people of vital protection against abuse of power.
Source: Shami Chakrabarti, 'Human rights or citizen's privileges: the great Bill of Rights swindle', Political Quarterly, Volume 83 Issue 3
Links: Abstract
Date: 2012-Aug
A government-appointed commission began consultation (for a second time) on whether there should be a Bill of Rights for the United Kingdom – including socio-economic rights such as adequate healthcare and housing, a right to education, a right to a minimum standard of living, and a range of other social security entitlements.
Source: A Second Consultation, Commission on a Bill of Rights
Links: Consultation document | UK Human Rights blog post | Law Gazette report | Telegraph report
Date: 2012-Jul
The human rights watchdog in Scotland mapped the realization of internationally recognized human rights. Scotland had made notable progress, it had a relatively strong legal and institutional framework for human rights, and there were also some examples of positive strategy and policy direction. But the actual outcomes for people often remained inconsistent. Scotland therefore needed a more systematic approach to assure the realization of human rights in practice.
Source: Why Scotland Needs a National Action Plan for Human Rights, Scottish Human Rights Commission
Links: Report | SHRC press release
Date: 2012-Jun
The coalition government published a draft Bill that would require service providers to collect and store information on people's internet and phone activity, and give the police the ability to access it.
Source: Draft Communications Data Bill, Cm 8359, Home Office, TSO
Links: Draft Bill | Background paper | Home Office press release | ACPO press release | Privacy International press release | BBC report | Guardian report
Date: 2012-Jun
The Protection of Freedoms Act 2012 was given Royal assent. The Act included a wide range of measures, including: bringing in a new framework for police retention of fingerprints and DNA data, and requiring schools to get parents consent before processing children s biometric information; introducing a code of practice for surveillance camera systems, and providing for judicial approval of certain surveillance activities by local authorities; providing for a code of practice to cover officials powers of entry, with these powers being subject to review and repeal; introducing a new regime for police stops and searches under the Terrorism Act 2000, and reducing the maximum pre-charge detention period under that Act from 28 to 14 days; and restricting the scope of the 'vetting and barring' scheme for protecting vulnerable groups, and making changes to the system of criminal records checks.
Source: Protection of Freedoms Act 2012, Home Office, TSO
Links: Act | Explanatory notes | Home Office press release
Date: 2012-May
A report offered an overview of recent case law regarding fundamental rights from the European Court of Justice and the European Court of Human Rights. It identified the main trends and fields of conflict, focusing on the role played by the Charter of Fundamental Rights of the European Union after the entry into force of the Lisbon Treaty. It also considered the nature and intensity of cross-references between the Courts.
Source: Alejandro Saiz Arnaiz and Aida Torres Perez, Main Trends in the Recent Case Law of the EU Court of Justice and the European Court of Human Rights in the Field of Fundamental Rights, European Parliament
Links: Report
Date: 2012-Apr
A report for the equal rights watchdog said that out of the nearly 12,000 applications to the European Court of Human Rights brought against the United Kingdom between 1999 and 2010, the vast majority had fallen at the first hurdle. Only 3 per cent (390 applications) had been declared admissible, and only 1.8 per cent (215) had eventually resulted in a judgment finding a violation. The latest figures for 2011 showed a rate of defeat of just 0.5 per cent, or 1 in 200. Although judgments against the UK had been relatively few in number, a significant proportion had involved basic civil liberties such as the right to a fair trial – around 8 per cent of judgments related to the right to life, and the prohibition of torture and inhuman or degrading treatment.
Source: Alice Donald, Jane Gordon, and Philip Leach, The UK and the European Court of Human Rights, Research Report 83, Equality and Human Rights Commission
Links: Report | EHRC press release
Date: 2012-Apr
An article examined the impact of the Human Rights Act 1998 on the police service of England and Wales. There was little evidence to suggest that the Act had promoted a greater awareness of, and respect for, human rights among police officers. Rather, the Act had become institutionalized by the police service into a series of bureaucratic processes that, although requiring conformity by officers, did not encourage active consideration of human rights issues. One result was that the Act was not used to achieve a balance between individual rights and community interests, but had become a framework for mandating police decision-making and protecting officers from criticism and blame.
Source: Karen Bullock and Paul Johnson, 'The impact of the Human Rights Act 1998 on policing in England and Wales', British Journal of Criminology, Volume 52 Number 3
Links: Abstract
Date: 2012-Apr
A think-tank report said that the growth of social media posed a dilemma for security and law enforcement agencies. On the one hand, social media could provide a new form of intelligence that could contribute decisively to keeping the public safe. On the other, national security was dependent on public understanding and support for the measures being taken. Analysis of social media for intelligence purposes did not fit easily into the policy and legal frameworks that guaranteed that such activity was proportionate, necessary, and accountable. Social media should become a permanent part of the intelligence framework: but it needed to be based on a publicly argued, legal footing, with clarity and transparency over use, storage, purpose, regulation, and accountability.
Source: David Omand, Jamie Bartlett, and Carl Miller, #Intelligence, Demos
Date: 2012-Apr
An article said that 'corrosive' legislative developments in counter-terrorism had been made possible by the emergence of a centre-right political consensus that discursively traded the freedoms of the minority or Muslim Other for the protection of the law-abiding majority . This consensus had drawn on, as well as been shaped by, public opinion. A review of polling data suggested that public opinion was supportive of the shift towards authoritarianism.
Source: Christina Pantazis and Simon Pemberton, 'Reconfiguring security and liberty: political discourses and public opinion in the new century', British Journal of Criminology, Volume 52 Number 3
Links: Abstract
Date: 2012-Apr
A think-tank report said that the European Court of Human Rights intervened too often in the decisions of national courts, giving an 'artificially wide' application to the European Convention on Human Rights. A new protocol should be added to the Convention to put an end to judicial activism .
Source: Jonathan Fisher, Rescuing Human Rights, Henry Jackson Society
Links: Report
Date: 2012-Mar
A new book provided a systematic commentary on case law related to the European Convention of Human Rights.
Source: Javier Garc a Roca and Pablo Santolaya (eds.), Europe of Rights: A compendium on the European Convention of Human Rights, Martinus Nijhoff Publishers
Links: Summary
Date: 2012-Mar
A new book examined the Human Rights Act 1998, and evaluated its impact from a multi-disciplinary perspective. It considered possible future developments in policy and practice, including the potential for a British Bill of Rights.
Source: Nicolas Kang-Riou (ed.), Confronting the Human Rights Act 1998: Contemporary themes and perspectives, Routledge
Links: Summary
Date: 2012-Mar
The equality and human rights watchdog published a review of how well public authorities delivered human rights protection and promotion in England and Wales. Many public authorities had a good track record in using human rights principles to protect the public. But some of the problems highlighted included: the abuse of vulnerable people in care; misuse of personal data by the state; treating victims of human trafficking as criminals; threats to the right to peaceful protest; and lack of support for some victims of crime.
Source: Human Rights Review 2012: How fair is Britain? An assessment of how well public authorities protect human rights, Equality and Human Rights Commission
Links: Report | Summary | EHRC press release | Telegraph report
Date: 2012-Mar
An article examined the coalition government's proposal to repeal the Human Rights Act and replace it with a British Bill of Rights. It said that the proposal was 'profoundly un-Conservative' – in terms of both Conservative approaches to constitutional reform and Conservative political philosophy.
Source: Peter Munce, 'Profoundly un-Conservative? David Cameron and the UK Bill of Rights debate', Political Quarterly, Volume 83 Issue 1
Links: Abstract
Date: 2012-Feb
A new book set out a practical and theoretical overview of the future of human rights within the United Kingdom and beyond.
Source: Rob Dickinson, Elena Katselli, Colin Murray, and Ole Pedersen, Examining Critical Perspectives on Human Rights, Cambridge University Press
Links: Summary
Date: 2012-Feb
A new book examined data protection issues in Europe, including the challenges posed by rapid social and technological change.
Source: Serge Gutwirth, Ronald Leenes, Paul De Hert, and Yves Poullet (eds.), European Data Protection: In Good Health?, Springer
Links: Summary
Date: 2012-Feb
A new book examined the role that the people played in defining and developing human rights in Europe, and whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afforded.
Source: Definition and Development of Human Rights and Popular Sovereignty in Europe, Council of Europe
Links: Summary
Date: 2012-Feb
A report accused the European Union and its member governments of being unwilling to tackle human rights abuse at home during 2011, even as they proclaimed the issue's importance in other parts of the world.
Source: World Report 2012, Human Rights Watch
Links: Report | HRC press release
Date: 2012-Jan
A new book examined the 'implementation gap' between human rights standards (at European and international level) and their integration into national law by European countries.
Source: Thomas Hammarberg, Human Rights in Europe: No grounds for complacency, Council of Europe
Links: Summary
Date: 2012-Jan