So what is this Tory proposal for a Bill of Rights?

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  • There is also a (largely ignored) Scottish dimension of this particular (pretty fatuous) piece of Tory policy which is worth exploring, particularly in the context of a hung parliament. In particular, with their Unionist caps on, it doesn't seem as if the Tories have quite considered the implications of how the Scotland Act is worded, with respect to Convention Rights.

    I've blogged more fully on some of the detail here:


    http://lallandspeatworrier.blogspot.com/2010/04/tory-atlas-juggling-human-rights.html

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  • We need to be out of the ECHR and fast. It does nothing for our security and has been another terrible decision by Labour.

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  • One proposal I've heard is to make this new bill of rights identical to the HRA but add the proviso that only Strasbourg case-law that came from rulings involving the UK can be applied by UK courts. In other words, overall ECtHR case-law won't apply, unless you appeal to the court and get them to make a summary judgement.

    Although this is streamlined under Protocol 14 and should be quicker to achieve, I'm sure it'll still annoy the court and the Council of Europe who are desperately trying to reduce the case-load of the court.

    In other words, it's a childish move.

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  • I read your article with interest. I am not a lawyer but I am particularly interested in the following:

    Highly qualified and with fairly substantial work experience, I have been unable to find work after my redundancy. I have a substantial file to show that I have (and I am) putting a great deal of efforts into my job searches, applications etc... Also some of it seems to corroborate the fact that over-qualification, age (if not indirectly issues related to gender) is making the task harder.

    I have been transferred to Flexible New Deal by Job Centre Plus.

    The announcement of the welfare review (that of the Tory-LibDem coalition) indicates that I could end up finding myself in a position in which I am forced to work for welfare.

    However, I see this as a breach of my human rights. Not because I don't want to work, but because I WANT TO WORK and also I consider being forced into 'compulsory work' for a poverty wage that does not enable me to live a decent life and cover my basic human needs (it actually doesn't!).. I have to find a way to make £30 last for all my needs for food for a week...) cost of communications essential for job search...etc.... ... Therefore, I see the imposition of Workfare as a breach under article 4 of the European Convention of Human Rights.

    I want to work, I can demonstrate my extremely proactive efforts to seek work, there is genuinely no available jobs... I am fulfilling my responsibilities, and therefore any action is 'oppression' pure and simple.

    (d) under article 4 specifies what is excluded from being considered as 'compulsory labour' namely,

    "any work or service which forms part of normal civic obligations"

    How can 'normal civic obligations' be interpreted?

    What would a British Bill of Rights do to undermine article 4 in the context of the implementation of 'Welfare for Work' ?

    I would like to stand that the right for any employment should be accompanied with the right to the National Minimum Wage... and NOT welfare.

    I would love to read some comments on this...
    Thank you

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  • Should the people vote for any New Bill of Rights-and this would be one referendum the people would be given- they might well be destroying the Magna Carta-which is being put to good use and the Bill of Rights 1689, again which is being used now- re parts of the Localism Bill. Is it likely that any British Government will bring forth anything at all that may be GOOD FOR THE PEOPLE?

    Lawyers know-without a doubt- that any new Bill of Rights any one could come up with, the European Union would have "competence over them right away.

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