City Research Online

Abstract

The Conservative party’s policy on the Human Rights Act (HRA) and the European Convention on Human Rights (ECHR) has, in recent years, mutated from direct political aggression (with the pledge to repeal the Act in the 2015 manifesto)1 to a strategy of creating ambiguity and chipping away at its democratic legitimacy (with the 2017 and 2019 manifestos). In the latest development in the saga of UK hostility towards the ECHR and the HRA, Britain has refused to commit to the ECHR as an essential element in any future partnership with the EU. This article examines the significance of this development, deducing from it that the Eurosceptic right in the UK quite openly spies another chance to fulfil its long-held ambition of getting rid of European human rights, having identified Strasbourg as the next target in the project to “take back control”. The article also contends that the magnitude of the risk that the HRA and ECHR are facing in the UK post Brexit cannot be fully grasped absent an analysis of how deep a Eurosceptic, anti-human rights, executive sovereignty-centred ideology now runs within the governing party. The article undertakes such analysis with reference to some of the Eurosceptic, anti-human rights ideologues in the Conservative party. It concludes by bringing into focus the potential impact of two external developments – the Covid-19 crisis, and the election of Sir Keir Starmer as leader of the opposition – upon the future of the HRA and the ECHR in the UK.

Publication Type:	Article
Additional Information:	This is a pre-copyedited, author-produced version of an article accepted for publication in European Human Rights Law Review following peer review. The definitive published version Giannoulopoulos, D. (2020). The Eurosceptic Right and (Our) Human Rights: the Threat to the Human Rights Act and the European Convention on Human Rights is Alive and Well. European human rights law review, 2020(3), pp. 225-242. is available online on Westlaw UK.
Publisher Keywords:	Conservative Party; Coronavirus; EU law; European Court of Human Rights; Human rights; Pandemics; Political parties; Public policy
Subjects:	J Political Science > JA Political science (General) K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

Export

Downloads