Do not reform the Human Rights Act

The proposed Human Rights Act reforms must be withdrawn. The Government must not make any changes to the Human Rights Act, especially ones that dilute people's human rights in any circumstances, make the Government less accountable, or reduce people's ability to make human rights claims.

The Human Rights Act as it exists currently protects all of us. We lose it at our peril. It is an essential law that allows us to challenge public authorities when they get it wrong and has helped secure justice on issues from the right to life to the right to free speech.

The Human Rights Act has changed many lives for the better. It must be protected, and not subject to reforms that reduce its scope and limit when people can rely on it.

This Government was elected with a manifesto commitment to “update the Human Rights Act [...] to ensure that there is a proper balance between the rights of individuals, our vital national security and effective government.”

The Human Rights Act 1998 (HRA) has been in force for over 20 years and it is entirely right that we should seek to update it and make sure that our human rights framework continues to meet the needs of the society it serves. We have therefore consulted on proposals to revise and replace the HRA with a modern Bill of Rights.

We have a long, proud and diverse history of freedoms in this country and our proposals build on this tradition. Our proposals for a Bill of Rights ensure that we continue to recognise the rights protected under the European Convention on Human Rights, and that individuals will still be able to enforce their rights in domestic courts.

Our proposals will make sure a proper balance is struck between individuals’ rights, personal responsibility, and the wider public interest. They include strengthening freedom of expression and adding a recognition of the right to a jury trial – giving greater prominence to home-grown UK rights.

Our proposals also look to prevent the misuse of human rights that has led to them being cited by criminals, with little regard for the rights of wider society. Our proposals would ensure that rights cannot be used to frustrate the deportation of serious criminals and terrorists.

Finally, we are seeking to empower our courts to apply human rights in a UK context by reinforcing the primacy of UK case law. We also want to ensure that the will of our elected representatives in Parliament is respected.

If you would like to find out more about this consultation and the Government’s current activities in this area, you can do so at: https://www.gov.uk/government/consultations/human-rights-act-reform-a-modern-bill-of-rights. The consultation closed on 8 March 2022. Those who would be assisted by an Easy Read or audio version in order to respond can request an extension until 19 April.

The Government has also published the report from the Independent Human Rights Act Review panel, which examined the framework of the HRA, how it is operating in practice and whether any change is required. Further information on this and the report can be viewed at: https://www.gov.uk/guidance/independent-human-rights-act-review.

Ministry of Justice