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Immigration Solicitors

Tories plan to replace European Court of Human Rights with Supreme Court (31 December 2013)

Date: 31/12/2013
Duncan Lewis, Immigration Solicitors, Tories plan to replace European Court of Human Rights with Supreme Court

Justice Secretary Chris Grayling has announced that the government is to publish draft legislation in the early part of 2014, which could see the UK withdrawing from the Human Rights Bill.

The European Court of Human Rights has been at the centre of many controversial cases in which claimants have been given leave to remain in the UK to protect their right to a family, even if they have committed serious crimes such as murder or rape.

The European Convention on Human Rights (ECHR) was drafted after the atrocities of WWII and Mr Grayling says that although he has no issue with the principles of the Bill, the Conservatives intend to curb the “creeping tide of interference” from the Court, which is based in Strasburg.

The Court is a higher court than the Courts of England and Wales. Cases referred to the European Court of Human Rights often involve claimants who say their cases in UK courts have not been given a fair hearing – or their rights as a human being have been infringed by a court judgment in a UK court.

The European Convention on Human Rights establishes the principle that everyone is born equal and has a right to be treated equally – for example, in employment, housing and the right to have a family.

Article 4 of the European Convention on Human Rights outlaws slavery or servitude.

However, the Bill of Human Rights is used as the basis for appeals against decisions made in the Supreme Court in England and Wales, which is the highest appeal court in the UK for civil cases – and also hears criminal appeals for England, Wales and Northern Ireland.

The European Court of Human Rights currently has the power to override judgments made in UK courts, including the Supreme Court.

The Justice Secretary said the Conservative Party would go into the next election with the clear intention of replacing the Human Rights Act with the Supreme Court as the highest court in the UK.
Speaking on BBC Radio Four’s Today programme, Mr Grayling said:

“It is absolutely clear Parliament has the sovereign right to implement that change, should it choose to do so – we have been looking at a number of options, of which leaving the Convention is one.

“It’s not the only option we are considering and we will bring forward plans in the next few weeks, which will set out very clearly what we will do – and how we will do it.”

“Whatever we try to do as a party – because this is not an issue that unites the coalition – the Conservative party’s intention is to go into the next election with a clear plan for change,” he added.

Mr Grayling also said, however, that the government would not take action before the next General Election in 2015, because the Liberal Democrats are unlikely to support any withdrawal from the ECHR.

Duncan Lewis Solicitors – Civil Liberties & Human Rights Cases

Duncan Lewis is a leading firm of UK solicitors with a track record in successful appeals in the European Court of Human Rights.

Duncan Lewis is also one of the UK’s leading Legal Aid firms.

In October 2013, Duncan Lewis won a landmark case in the European Court of Human Rights, involving an appeal for asylum in the UK on the grounds that essential medical treatment required to prolong the life of a child would be of a higher standard in the UK than in their native Pakistan.

Using Article 3 and 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), Duncan Lewis solicitors argued that to return the child to Pakistan would have subjected him to inhumane treatment – or would have interfered with his right to respect for his private life.

The European Court of Human Rights has now referred the case back to the Upper Tribunal for a further hearing – and you can read more about the success of Duncan Lewis Solicitors in this case here.

To contact Duncan Lewis Solicitors about Civil Liberties and Human Rights cases – including asylum appeals – call 020 7923 4020.


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