Grass Roots

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We cannot allow the conservative pied-pipers to lead us into legally vote away:

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The Right to Free Speech (article 10)

The Right to Free Thought (article 10)

The right to Free Expression (article 10)

Article 15 (Derogation in Time of Emergency) allows us to derogate from article 8 using article 8(2)

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Turkeys voting for Christmas, no less!

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Here are the Articles of the European Convention on Human Rights:

*Section 1: Rights and Freedoms*

- *Article 1: Obligation to Respect Human Rights* - States must ensure everyone has the rights stated in the Convention.

- *Article 2: Right to Life* - Protects the right to life and prohibits arbitrary deprivation of life.
 

- *Article 3: Prohibition of Torture* - Absolutely prohibits torture, inhuman, or degrading treatment or punishment.
 

- *Article 4: Prohibition of Slavery and Forced Labour* - Prohibits treating individuals as slaves or imposing forced labour.

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- *Article 5: Right to Liberty and Security* - Protects individuals from arbitrary detention and ensures the right to a fair trial.
 

- *Article 6: Right to a Fair Trial* - Guarantees a fair and public hearing, and the right to be presumed innocent until proven guilty.
 

- *Article 7: No Punishment Without Law* - Prohibits punishing individuals for actions that weren't against the law at the time.
 

- *Article 8: Right to Respect for Private and Family Life* - Protects individuals' private and family life, home, and correspondence.
 

- *Article 9: Freedom of Thought, Conscience, and Religion* - Guarantees freedom of thought, conscience, and religion.
 

- *Article 10: Freedom of Expression* - Protects the right to hold opinions, receive and impart information, and express oneself freely.
 

- *Article 11: Freedom of Assembly and Association* - Protects the right to peaceful assembly and association.
 

- *Article 12: Right to Marry* - Guarantees the right to marry and found a family.
 

- *Article 13: Right to an Effective Remedy* - Ensures individuals have an effective remedy for violations of their rights.
 

- *Article 14: Prohibition of Discrimination* - Prohibits discrimination in the enjoyment of Convention rights.
 

- *Article 15: Derogation in Time of Emergency* - Allows states to derogate from certain Convention obligations in times of war or public emergency.

- *Article 16: Restrictions on Political Activity of Aliens* - Permits restrictions on the political activity of non-nationals.
 

- *Article 17: Prohibition of Abuse of Rights* - Prohibits states, groups, or individuals from destroying Convention rights.
 

- *Article 18: Limitation on Use of Restrictions on Rights* - Ensures restrictions on Convention rights are only applied for legitimate purposes.

*Protocols*
- *Protocol 1, Article 1: Protection of Property* - Protects the right to peaceful enjoyment of possessions.
- *Protocol 1, Article 2: Right to Education* - Guarantees the right to education and parental choice.
- *Protocol 1, Article 3: Right to Free Elections* - Secures the right to free and democratic elections.
- *Protocol 4, Article 2: Freedom of Movement* - Protects the right to freedom of movement. Which we will also amend to 'visa' movement of people.
- *Protocol 6, Article 1: Abolition of the Death Penalty* - Abolishes the death penalty.
- *Protocol 7, Article 2: Right of Appeal in Criminal Matters* - Guarantees the right to appeal in criminal cases.
- *Protocol 7, Article 3: Compensation for Wrongful Conviction* - Provides for compensation for wrongful convictions.
- *Protocol 12, Article 1: General Prohibition of Discrimination* - Prohibits discrimination by public authorities

To modify the application of Article 8 in relation to undocumented migrants, the UK government could consider the following steps:

Article 8 is a Qualified Article.

This means that a government signatory to the convention is free to adjust the Article in certain conditions. Article 8(2) explains the over-ride and adjustments mechanism

1. *Legislative Change*: Introduce legislation to amend the Human Rights Act 1998 or other relevant laws to clarify that Article 8 does not apply to undocumented migrants.

2. *Derogation*: Consider derogating from Article 8 under Article 15 of the ECHR, which allows for derogation in times of war or public emergency. However, this would require a formal declaration of a public emergency.

3. *Judicial Interpretation*: Rely on judicial decisions that have interpreted Article 8 in the context of immigration and asylum cases. Courts may balance individual rights against public interests.
 

4. *Policy Changes*: Implement policy changes to reflect the government's intention to limit the application of Article 8 in relation migrants committing crimes.

*Using Article 8(2)*:
Article 8(2) allows for interference with the right to family life if it is:

  - In accordance with the law
  - Necessary in a democratic society
  - For a legitimate aim, such as:
  - National security
  - Public safety
  - Economic well-being
  - Prevention of disorder or crime
  - Protection of health or morals
  - Protection of the rights and freedoms of others

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Thus we retain the protections of our rights contained within the ECHR.

- Maintaining public order
- Controlling immigration
- Protecting national security


*Potential Challenges* mitigated by Article 8(2):
Any attempt to limit Article 8's application would likely face legal challenges,

including:
- Compatibility with ECHR obligations
- Potential violations of other human rights
- Judicial scrutiny

*Consultation and Review*:
It is essential to consult with relevant stakeholders, including:
- Human rights organisations
- Immigration experts
- Legal professionals

*PROPOSED LEGISLATIVE PROVISION*

*The Protection of British Citizens (Health and Safety) Act*

*Section 1: Supremacy Clause*
Notwithstanding the provisions of the Human Rights Act 1998 and the European Convention on Human Rights, the Health and Safety of British Citizens Act shall take precedence in matters concerning the health, safety, and well-being of British citizens.

*Section 2: Limitation on Article 8*
In accordance with Article 8(2) of the European Convention on Human Rights, the right to respect for private and family life shall be limited insofar as it is necessary in a democratic society to protect the health, safety, and well-being of British citizens.

*Section 3: Lexicon of British Common Law*
This Act shall be interpreted in accordance with the lexicon of British common law, which prioritizes the protection of British citizens' rights and interests.

*Section 4: Judicial Interpretation*
In interpreting this Act, the courts shall have regard to the supremacy of the Lexicon's Health and Safety of British Citizens Act and shall apply the principles of British common law to ensure that the health, safety, and well-being of British citizens are protected.

*Section 5: Compatibility with ECHR*
This Act is intended to be compatible with the European Convention on Human Rights, and its provisions shall be construed accordingly.

*Section 6: Commencement*
This Act shall come into force on a date to be appointed by the Secretary of State.

*ARTICLE 8(2) APPLICATION TO MIGRANT CRISIS*
*National Emergency Declaration*
The migrant crisis constitutes a national emergency, thereby justifying limitations on Article 8 rights under Article 8(2) of the European Convention on Human Rights.

*Legitimate Aims*
The following legitimate aims under Article 8(2) are engaged:

1. *Public Safety*: The large-scale influx of migrants poses a risk to public safety, necessitating measures to ensure the safety and security of both migrants and British citizens.

2. *Economic Well-being*: The economic impact of the migrant crisis on the UK's resources, infrastructure, and public services justifies limitations on Article 8 rights to protect the economic well-being of the country.

3. *Prevention of Disorder or Crime*: The migrant crisis may lead to increased disorder or crime, and measures are necessary to prevent this and maintain public order.
 

4. *Protection of Health*: The risk of public health issues arising from the migrant crisis justifies limitations on Article 8 rights to protect the health of both migrants and British citizens.
5. *Protection of Morals*: Measures may be necessary to protect public morals and maintain social cohesion in the face of the migrant crisis.
6. *Protection of the Rights and Freedoms of Others*: Limitations on Article 8 rights may be necessary to protect the rights and freedoms of British citizens, including their right to safety, security, and access to public services.

*Proportionality*
Any limitations on Article 8 rights must be proportionate to the legitimate aims pursued and necessary in a democratic society.

*Conclusion*
The migrant crisis constitutes a national emergency that justifies limitations on Article 8 rights under Article 8(2) of the European Convention on Human Rights. Measures taken to address the crisis must be proportionate and necessary to protect the legitimate aims outlined above.

The European Convention on Human Rights (ECHR) is a foundational document that protects human rights and fundamental freedoms in Europe. Here's a breakdown of key rights and freedoms that would be impacted if the UK were to withdraw from the ECHR:

*Fundamental Rights*
- *Right to Life*: Protects the right to life and prohibits arbitrary deprivation of life (Article 2).

- *Prohibition of Torture*: Absolutely prohibits torture, inhuman, or degrading treatment or punishment (Article 3).

- *Right to Liberty and Security*: Protects individuals from arbitrary detention and ensures the right to a fair trial (Article 5).

- *Right to a Fair Trial*: Guarantees a fair and public hearing, and the right to be presumed innocent until proven guilty (Article 6).

*Personal Freedoms*
- *Right to Respect for Private and Family Life*: Protects individuals' private and family life, home, and correspondence (Article 8).

- *Freedom of Expression*: Guarantees the right to hold opinions and express ideas without interference (Article 10).

- *Freedom of Assembly and Association*: Protects the right to peaceful assembly and association (Article 11).

*Other Key Provisions*
- *Prohibition of Discrimination*: Ensures equal treatment and protection under the law, regardless of characteristics like skin color, sex, language, or origin (Article 14).

- *Right to an Effective Remedy*: Guarantees individuals the right to an effective remedy for violations of their rights (Article 13).

Withdrawing from the ECHR would likely have significant implications for human rights protections in the UK. While the specific reasons for withdrawal might focus on issues like migration, the impact would extend far beyond that single issue, potentially affecting fundamental rights and freedoms enjoyed by everyone in the UK

T*Key Aspects of Article 8:*
- *Private Life*:
Covers physical and psychological integrity, personal identity, relationships, and lifestyle choices.
- *Family Life*:
Includes relationships with family members, such as spouses, partners, and children.
- *Home*: Protects the right to respect for one's home and correspondence.

*Article 8 Provisions:*
1. Everyone has the right to respect for their private and family life, home, and correspondence.

2. Public authorities can't interfere with this right except when necessary in a democratic society, for reasons like:
  - National security
  - Public safety
  - Economic well-being
  - Prevention of disorder or crime
  - Protection of health or morals
  - Protection of others' rights and freedoms

Article 8 is a qualified right, meaning the state can limit it under specific circumstances. The courts balance individual rights with community interests when applying this article.

Policy: Remaining within the European Convention on Human Rights (ECHR)

*Rationale:*
We believe that the ECHR provides essential protections for human rights and fundamental freedoms in the UK. While concerns have been raised about Article 8 (Right to Family Life) and its application to migration issues, we propose a nuanced approach that balances individual rights with the need for effective governance.

*Key Principles:*

1. *Retain ECHR Membership*: We will remain committed to the ECHR, ensuring that the UK continues to uphold its international human rights obligations.

2. *Article 8: Qualified Right*: Article 8 is a qualified right, allowing for limitations and restrictions in accordance with Article 8(2). This provision enables member states to balance individual rights with public interests.

3. *Adjusting Article 8*: We will adjust the application of Article 8, ensuring that it is exercised in a manner consistent with the UK's interests and values.

4. *Article 8(2)*: We will utilise the provisions of Article 8(2) to s where necessary, in accordance with the law and in pursuit of legitimate aims, such as national security, public safety, or the prevention of disorder or crime.

*Benefits:*
1. *Protecting Human Rights*: Remaining within the ECHR ensures that the UK continues to uphold its commitment to human rights and fundamental freedoms.

2. *Balancing Individual Rights*: By adjusting the application of Article 8, we can balance individual rights with the need for effective governance and public safety.
 

3. *Sovereignty*: Utilising Article 8(2) allows the UK government to exercise its sovereignty while still upholding its international human rights obligations.

*Implementation:*
1. *Review and Reformulate*: We will review and reform the application of Article 8, ensuring that it is exercised in a manner consistent with the UK's interests and values.

2. *Legislative Changes*: We will introduce legislative changes to reflect the adjusted application of Article 8, ensuring that the UK's laws and policies are consistent with its international human rights obligations.

3. *Judicial Oversight*: The UK's judiciary will continue to play a crucial role in interpreting and applying the ECHR, ensuring that individual rights are protected while also upholding the rule of law.

By retaining membership in the ECHR and adjusting the application of Article 8 under Article 8(2), we can strike a balance between individual rights and public interest &, ensuring that Great Britain remains a beacon of human rights and freedoms

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Drafting of the ECHR:

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The United Kingdom played a significant role in drafting the European Convention on Human Rights (ECHR). Here are some key points about the UK's involvement

- *British Lawyers' Contribution*: British lawyers were integral to drafting the ECHR text, bringing their expertise to shape the Convention's content and structure.

- *Winston Churchill's Advocacy*: Winston Churchill, a key figure in European politics at the time, was an early advocate for the ECHR, lending his support to the initiative.

- *Influence of the Universal Declaration of Human Rights*:
The ECHR was inspired by the Universal Declaration of Human Rights, which was written by the United Nations. The UK's involvement in shaping the UDHR likely influenced its contribution to the ECHR.

- *Council of Europe's Role*:
The ECHR was established by the Council of Europe, an international organisation founded in 1949 to promote democracy, human rights, and the rule of law. The UK was one of the founding members.

- *UK's Ratification*:
The UK was one of the first countries to ratify the ECHR in 1951, demonstrating its commitment to upholding the Convention's principles.

Overall, the UK's contribution to drafting the ECHR reflects its historical commitment to promoting human rights and the rule of law in Europe.

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