Forum Topic

MPs who wish to withdraw from the European Convention of Human Rights are not 'far right', as one contributor to the Forum has suggested. There are no far right right parties represented in Westminster (unlike in some of the parliaments of countries in the EU). Nor are these MPs opposed to human rights, many of which in any case are enshrined in British law. They are concerned by the judicial activism of the judges at the European Court of Human Rights who view the Convention as a 'living instrument' which can be interpreted in ways not envisaged by its original signatories. This enables them to intervene in political issues which are normally the preserve of democratically elected national governments. The most recent example is their interpretation of Article 8 of the Convention  which guarantees the right to private and family life. This provision was introduced in the aftermath of the War to protect citizens from totalitarian governments who might wish to spy on them or curtail their right to live as a family and so on. However Article 8 has been used by the Court in Strasbourg to justify a ruling in favour of two Swiss women who brought a case against their government for failing to decarbonise quickly enough. It is likely that an independent nation like the Swiss, whatever their view on net zero, will resent the interference of the Court in a political issue which should be decided by their own democratically representatives.The Convention is a live issue in Britain because many people opposed to the policies of the current government, such as the plan to send some illegal migrants to Rwanda, see the (left of centre) judges in Strasbourg as an ally in their cause. Of course they don't want to be seen as undermining British democracy by openly advocating that the the will of Parliament should be overruled by judges in Strasbourg who have no democratic mandate. So they characterise those who wish to withdraw from the Convention as 'far right' activists opposed to human rights.

Steven Rose ● 14d