It has been confirmed that the UK’s Conservative government will go ahead with plans to scrap the Human Rights Act (HRA) in an attempt to separate Britain from the European courts. The Human Rights Act will be replaced with a so-called British Bill of Rights, a controversial manifesto that was written under the former British Prime Minister David Cameron’s government.

The announcement last month has been met with contempt and alarm by human rights campaigners, and speculation is brewing that Prime Minister Teresa May could choose to abandon the controversial replacement of the HRA.

But Liz Truss, the newly appointed Justice Secretary and Lord Chancellor in the reshuffled government, dismissed speculation that the Conservative manifesto pledge on human rights, made in both 2010 and 2015, had been axed. May has reportedly asked for a review of the policy in the wake of the Brexit vote.

The Bill of Rights manifesto was drawn up by Michael Gove, the former Justice Secretary, who was sacked by Teresa May in the summer as part of her cabinet reshuffle. As the Daily Telegraph reported, the prime minister is concerned about the proposals as they currently stand – in particular, an agreement made by the previous British government that the UK would remain signed up to the European Court of Human Rights.

A spike in hate and division

Human Rights campaigners have widely criticized the plan to scrap the Human Rights Act. Talking to The National, Bella Sankey, director of policy at Liberty, a civil rights campaign group, said: “Surely it can’t have escaped the Lord Chancellor’s attention that our country has seen a spike in hate and division in recent months.”

“In the current climate, our new Justice Secretary should focus on providing unifying leadership – not pouring her energy, and yet more public money, into scrapping human rights and equality protections that are needed now more than ever," added Sankey.

Since the UK made its decision to leave the European Union in June, a surge in hate crimes have been reported. For example, figures made by the National Police Chief’s Council in July revealed over 600 hate crimes reported in the UK since the EU referendum – a rise of 20 percent compared to the same period in 2015.

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"Systematic unfairness"

The Equality and Human Rights Commission, which has been described as the biggest review on race inequality in Britain, also revealed that hate crime has risen post-Brexit, warning that Britain is at risk of greater social division and racial unfairness due to "systematic unfairness." The human rights watchdog is calling for urgent action to tackle the country’s deep-rooted inequalities.

Speaking to the Guardian, David Isaac, the Equality and Human Rights Commission chair, said, “We must redouble our efforts to tackle race inequality urgently or risk the divisions in our society growing and racial tensions increasing.”

Yet instead of making commitments to tackle the burgeoning race inequality plaguing Britain’s streets, the Conservative government appears to be moving in the opposite direction with the announcement to scrap the HRA. While details of the new Bill of Rights have not been disclosed, it is believed that rights will solely apply to British citizens and not provide the universal protections offered by the HRA.

For example, under the new bill, residents of the UK who have successfully applied for citizenship, including refugees and foreign visitors, could be left without any protection and coverage.

By abolishing the HRA, Britain will be able to break an official link between its own courts and the European Court of Human Rights. Conservatives urging for the HRA to be scrapped say it will prevent the act from being “misinterpreted.”

Scotland voices concerns over HRA abolishment

In 2015, the Scottish Parliament made clear that it would not support any amendments made to the HRA. Nicola Sturgeon, Scotland’s First Minister, said the Scottish Parliament would “block any moves” to amend the HRA. Surgeon said the freedoms the HRA protects were “embedded into the devolution settlement,” adding that her consent to the change was “inconceivable.”

The Human Rights Act was introduced by the Labour Government in 1998 and came into force in the UK in 2000. The act is designed to protect 15 fundamental freedoms and rights, including the right to free speech, privacy and life. These freedoms and rights are based on articles of the European Convention on Human Rights (ECHR).

Under the HRA, all public bodies, British courts and tribunals must preserve such rights and freedoms and interpret legislation that is compatible with the rights set out in the ECHR. Consequently, if a person’s human rights are breached, they can take their case to a British court instead of having to seek justice in the European Court of Human Rights in Strasbourg, France.

The Save Our Human Rights petition – which advocates saving an act that guarantees to all living in the UK the right to a fair trial, liberty, security, freedom from torture and inhumane or degrading treatment, and more – has quickly generated 328,000 signatures. As Sam Shawcross, a supporter of human rights who recently signed the Save Our Human Rights petition, told Occupy.com: “The Human Rights Act has done so much already. Without it, many in Britain will be exposed to a frighteningly less protected society. The protections provided by the Human Rights Act are amongst the most fundamental. How can seizing such fundamental rights be allowed in the 21st century?”

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