Day: January 24, 2018

Joint Committee on Human Rights

Joint Committee on Human Rights report: Legislative Scrutiny, The EU (Withdrawal) Bill – a Right by Right Analysis

The European Union (Withdrawal) Bill will receive its second reading in the House of Lords on 30 and 31 January.ย  And the Joint Committee on Human Rights (JCHR) isย ‘particularly concerned with the human rights implications of excluding the Charter of Fundamental Rights from retained EU law’.ย 

This is fromย JCHR’s January 2018 report (pdf) which analyses theย European Union Bill.

The report finds:

Some of the rights will inevitably be lost as they derive from membership of the EU
Charter rights which are based wholly or largely on โ€œgeneral principles of EU lawโ€ will no longer confer an enforceable right (although the Government may reconsider its position on this). This means a loss of enforceable rights such as Article 1 (human dignity)
A number of the Charter rights derive from the ECHR and are incorporated into domestic law by virtue of the Human Rights Act 1998. Whilst these rights will therefore continue to exist and confer an enforceable right on individuals, the standing is narrower and the remedies are weaker under the HRA compared to the Charter.ย 
Read the full report (pdf).ย 

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