Where exactly does our government stand on the domestic integration of human rights laws? Particular the provisions of the international covenant on civil and political rights? This report will hopefully answer just that.
Pursuant to Article 2, (2) of the international covenant on civil and political rights. All state parties are under an obligation to incorporate the rights set fourth within the covenant into it’s domestic laws.
“2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.”
With the adoption of the European convention on human rights (Most articles of which just cite or are very similar to the ICCPR) formally into the human rights act 1998. You could say the British government has made substantial progress in the implementation of the provisions of the covenant.
You have to consider however, the ratification of the ICCPR commenced on the 20th of may 1976. And, the human rights act clearly brought into law in 1998. The difference being a whole of 22 years for the adoption of the majority of the rights in the international covenant.
All state parties to the covenant must provide periodic reports on their progress in the implementation, promotion, encouragement and protection of the rights provided in the covenant. As described in Article 40 of the covenant:
“1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned”
You can find the reports below:
ICCPR – State Party Report – United Kingdom of Great Britain and Northern Ireland – 4th
ICCPR – State Party Report – United Kingdom of Great Britain and Northern Ireland – 5th
ICCPR – State Party Report – United Kingdom of Great Britain and Northern Ireland – 6th
In the fourth report produced by the United Kingdom you will find the statement made:
You can observe the statement “The government has maintained the long-established principle that the rights and freedoms recognized in international instruments and in the constitutions of those countries that have enacted a comprehensive Bill of Rights are inherent in the United Kingdom’s legal system and are protected by it and by parliament unless they are removed or restricted by statute.”
This statement implies that the British legal system does not require a single document which confers rights and freedoms. Instead they’re claiming the rights and freedoms which would of been transcribed in any such document are inherent and already existing within our legal system. That claim is reinforced as they go on to say,.
“The government does not consider that it is properly the role of the legislature to confer rights and freedoms which are naturally possessed by all members of society.”
So they are saying that as members of society, you have rights and freedoms which are not set out in acts or laws but are naturally occurring. That is why they feel it is not necessary to draft a proper constitution or human rights charter.
They also state that they do not feel it is necessary to incorporate the provisions of the ICCPR.
“The incorporation of an international human rights instrument into domestic law is not necessary… “
If you read the entire passage within the above image you will find that instead of incorporating the majority of the rights and freedoms within the covenant, the government chooses instead to create laws and rules that are in accordance with the covenant. Why it would not incorporate them directly I do not know. Additionally, it’s rather hard for people to claim their rights when their is nothing to claim them from. Nothing for the legal system to recognize formally in it’s own laws by legislation, codes, documentation etc.
On a final note, the United Kingdom has finally legislated many of the rights and freedoms within the European convention on human rights, which in turn are drawn from the international covenant, into the human rights act.
The below list will consist of the numbered articles in the ICCPR and it’s relevant incorporated clause found within Britain’s human rights act.
Article 1
Article 2
“1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
You can find this passage of text within Article 14 of the human rights act.
Article 3
Same as above.
Article 4
Article 5
Article 6
“1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”
Article 6 of the covenant can be found within article 2 of the human rights act.
Article 7
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”
Refer to Article 3 of the human rights act for this provision.
Article 8
“1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.”
“2. No one shall be held in servitude.”
This provision of the covenant was given force of law within article 4 of the human rights act.
Article 9
“1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”
The rights displayed in this section can be found in article 5 of the human rights act.
Article 10
Reserved
Article 11
“No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.”
This right is already established and recognized in British domestic law.
Article 12
Reserved
Article 13
Article 14
Refer to article 6 of the human rights act for this provision.
There appears to be exceptions made on section (3).g
Article 15
No punishment without law. See article 7 of the human rights act.
Article 16
This doesn’t appear to have been reported with any clear and transparent concision. It is not found within any human rights act nor legislature. Curious.
Article 17
“No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”
With quite a few reservations not actually stated in the provision of the covenant. This section can be found at article 8 of the human rights act.
The data protection act was also introduced to protect and assert the rights described in this article.
Article 18
Freedom of thought, conscience and religion. Article 9 of the human rights act.
Article 19
“1. Everyone shall have the right to hold opinions without interference.”
You can cite this provision from article 10 within the human rights act.
Interestingly, it was this article of the ICCPR which gave birth to the freedom of information act. Note, “this right shall include freedom to seek, receive and impart information”.
Article 20
“1. Any propaganda for war shall be prohibited by law.”
The United Kingdom has chosen not to introduce this article in any formal law.
Article 21
The right of peaceful assembly and association. Article 11 of the human rights act.
Article 22
Same as above.
Article 23
“2. The right of men and women of marriageable age to marry and to found a family shall be recognized.”
The right to marry is outlined in the 12th article of the human rights act.
As you can see, the United Kingdom has made a big effort in the adoption of human rights laws. For that I commend them. However, with a clear intention of not fully implementing the provisions of the covenant as they are laid out with their precise and caring stance. Whether they are acting for their own protection or not. Also considering the United Kingdom took more than 20 years for the adoption of the majority of the rights in the covenant. You have to question the respect and regard the state party has toward the people it claims to govern. Nevertheless, I’m sure their international obligations have been fulfilled.
