Human rights laws: Do they protect us or undermine our security?
With Theresa May threatening to 'rip up' the act, The Week examines what the laws mean for the UK
Prime Minister Theresa May has declared she wants to "rip up" human rights laws if they "stop us" from tackling terrorism.
Her statement has been criticised as a crass attempt to deflect criticism away from Tory-led cuts to policing and security oversights in the run-up to Saturday's London Bridge attack.
But do human rights laws prevent the capture and prosecution of terrorists, as May suggests?
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What are the human rights laws in the UK?
The UK is a member of several international treaties designed to respect and promote human rights. These include the European Convention on Human Rights (ECHR), which emerged after World War II.
Under the Human Rights Act 1998, rights protected under the ECHR must be respected by the UK government and are enforceable in our courts.
As well as a range of issues such as the right to marry and to enjoy a family life, the ECHR also covers core civil liberties, including the rights to liberty and to a fair trial "within a reasonable time". It also bans torture and degrading treatment and protects against unlawful arrest and detention.
Article 15 of the ECHR allows the UK to depart from parts of the convention in "time of emergency" in respect of Article 5, the right to liberty and security, writes BBC legal correspondent Clive Coleman.
What does this all have to do with terrorism?
The UK has a long history of tensions between human rights law and counter-terrorism laws, which usually restrict an individual's freedoms.
Following the 9/11 attacks in New York, the UK introduced a series of counter-terrorism measures to ensure suspected militants could be easily detained.
However, they were deemed unlawfully discriminatory by the courts for only targeting non-UK citizens.
As home secretary, May faced a stand-off with the courts over the deportation of radical cleric Abu Qatada overs concerns about whether he would receive a fair trial in his home country of Jordan.
What has Theresa May said?
May is proposing to introduce tougher sentences for those convicted of terror offences, to make it easier to deport foreign suspects and, reports The Sun, to allow suspects to be held by the police without charge for 28 days, double the current 14.
"If our human rights laws stop us from doing [this], we'll change the laws so we can do it", she said.
According to The Guardian, this is likely to mean seeking further derogations from the ECHR.
While the Tory manifesto commits the party to remaining in the convention for the whole of the next parliament, May's rhetoric has cast a shadow over its long-term future.
Dominic Casciani of the BBC says her speech signals a return to the days of tighter control orders, emphasising the need to restrict freedoms of suspects who "present a threat, but [against whom we] do not have enough evidence to prosecute".
What has the reaction been?
Former deputy prime minister Nick Clegg called it a "rather crass" last-ditch attempt to divert attention from Tory cuts.
Speaking on BBC Radio 4's Today programme, he said: "There is not a shred of evidence to suggest that human rights laws are the reasons why these murderous acts happened in Manchester and London."
He added that since 2014, the policy has been to "deport first, appeal later", meaning it is easier to get foreign suspects out of the country.
Shadow Brexit secretary Keir Starmer, a former director of public prosecutions, said the Human Rights Act had never "got in the way" of prosecuting serious crime.
He added: "If we start throwing away our adherence to human rights in response to what has happened in the last three months, we are throwing away the values at the heart of the democracy, everything that we say we believe in."
Civil liberty groups such as Amnesty International and Liberty also argue that undermining human rights law is giving in to terrorism.
And lawyer and Financial Times columnist David Allen Green said tearing up human rights law "would mean UK joining those few countries without rights protection. Countries which still have terrorism".
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Will California's EV mandate survive Trump, SCOTUS challenge?
Today's Big Question The Golden State's climate goal faces big obstacles
By Joel Mathis, The Week US Published
-
'Underneath the noise, however, there’s an existential crisis'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
2024: the year of distrust in science
In the Spotlight Science and politics do not seem to mix
By Devika Rao, The Week US Published
-
New Zealand is up in arms over Maori rights bill
In the Spotlight Thousands of New Zealanders have taken to the streets over the bill
By Justin Klawans, The Week US Published
-
John Prescott: was he Labour's last link to the working class?
Today's Big Quesiton 'A total one-off': tributes have poured in for the former deputy PM and trade unionist
By Harriet Marsden, The Week UK Published
-
Last hopes for justice for UK's nuclear test veterans
Under the Radar Thousands of ex-service personnel say their lives have been blighted by aggressive cancers and genetic mutations
By Sorcha Bradley, The Week UK Published
-
Will Donald Trump wreck the Brexit deal?
Today's Big Question President-elect's victory could help UK's reset with the EU, but a free-trade agreement with the US to dodge his threatened tariffs could hinder it
By Harriet Marsden, The Week UK Published
-
What is the next Tory leader up against?
Today's Big Question Kemi Badenoch or Robert Jenrick will have to unify warring factions and win back disillusioned voters – without alienating the centre ground
By Harriet Marsden, The Week UK Published
-
What is Lammy hoping to achieve in China?
Today's Big Question Foreign secretary heads to Beijing as Labour seeks cooperation on global challenges and courts opportunities for trade and investment
By Harriet Marsden, The Week UK Published
-
US says Israel must up Gaza aid or risk arms halt
Speed Read The Biden administration has provided a 30-day ultimatum to the country
By Rafi Schwartz, The Week US Published
-
Is Britain about to 'boil over'?
Today's Big Question A message shared across far-right groups listed more than 30 potential targets for violence in the UK today
By Sorcha Bradley, The Week UK Published