Contents
The Impact of Brexit on Human Rights Protection in the UK
In the views of Nugent(2017), the European Union is a political union which involves 28 countries of Europe, and it allows the countries to make free trade (Nugent, 2017). According to the European Union, the countries which are part of the European Union can trade goods and products within themselves without paying nay extra trade changes or duties (Nugent, 2017). In addition to this, the European Union also permits people to move freely from one member country to another country. In a similar aspect, people belonging to one member country can live and work in the other member country, according to the European Union (Nugent, 2017). The UK became a part of the European Union in 1973, and it will become the very first member country ever to withdraw itself from the European Union (Nugent, 2017).
According to BBC (2020), Brexit means British exit, which basically refers to the exit of the UK from the European Union. In June 2016, a public referendum or a public vote was held in which 17.4 million people were in favour of the Brexit (BBC, 2020). It the similar context, more accurate data on the people’s thoughts about Brexit depicted that 52 per cent people were in favour of Brexit and 48 per cent people wanted to remain a part of the European Union (BBC, 2020).
According to Edgington(2020), the UK left the European Union on 31stJanuary 2020, and it has been agreed by the UK to withdraw in terms of the European union departure (Edgington, 2020). During the transition period, that is still going on, a lot of changes regarding the human rights established by the European Union will be handled and the implementation period will end on 31st December 2020 (Edgington, 2020). In addition to this, during this transition period, the UK will need to follow all the rules established by the European Union. The trading rules of the European Union will also be followed by the UK during this transition period (Edgington, 2020).
The literature review is focused on the impact that the Brexit will have on human rights protection in the UK. The literature review will focus on what is going to happen after the Brexit day and what agreements need to be made between the UK and the European Union. The literature review also focuses on the Brexit deal and the impact it will have on human rights protection in the UK.
The Impact of Brexit on Human Rights Protection in the UK
Literature Analysis:
In the views of Viráget al.,(2019), regarding the impact of Brexit on human rights protection in the UK, the rights have been framed as human rights after enforcement of the law by the judiciary. However, the rights have existed under the UK constitution law for a long period of time. The main focus of the human rights law in the UK has been the Human Rights Act 1998, which affect the European Convention on Human Rights in UK law (Viráget al.,2019). It has been more than three years since the people of the UK voted in favour of leaving the European Union. In addition to this, it has also been reviewed by the authors that the concern related to the effect of the UK’s withdrawal from the European Union on human rights has also increased (Viráget al.,2019).
The UK has made it clear to withdraw from the European Union by invoking article 50 of the Lisbon treaty. According to the Lisbon treaty, any member state can withdraw from the Union based on its constitutional requirements (Viráget al.,2019). Furthermore, a member state that wants to withdraw from the European Union should provide a notice to the European Council about the withdrawal. The European Union should flow the procedures of making a state withdrawal successful in such a manner that the relationship with the state is not affected (Viráget al.,2019).
With regards to The Impact of Brexit on Human Rights Protection in the UK, it has been reviewed by Bensonet al.,(2019) that the role of UK within the United Nation’s Human Rights Council (HRC) has been vital since the time HRC was established in 2006 (Bensonet al.,2019). HRC became the most important governing body on an international basis, which was established with an aim to protect and promote human rights around the world (Bensonet al.,2019).The European Convention on Human Rights (EHRC) was signed in 1950 by the UK and it an international treaty. It was also reviewed by the authors that there were certain rights such as the right to life and the right to freedom of expression, which was included in the fundamental rights that were signed by the states under the EHRC (Bensonet al.,2019). HRC has been responsible for bringing in the cases in the courts of UK so that the rights established under EHRC remain intact. The UK’s responsibilities under the EHRC will not be impacted by Brexit at all. On the other hand, the future relationship of the UK with the European Union will be impacted by the commitment made by the UK to the EHRC (Bensonet al.,2019).
According to Tonge(2016), the European communities act 1972 will be cancelled after the withdrawal of the UK from the European Union through the European Union act (Tonge, 2016). In addition to this, the withdrawal of the UK from the European Union will convert the European union laws into UK domestic laws. One the UK leaves the European Union, all the laws will not be in accordance with the states as they were established by keeping all the states in picture (Tonge, 2016). However, the authors also reviewed that the act also provides a kind of power and right to make any subtle corrections that need to make so that the laws operate in a correct manner after the withdrawal of the UK from the European Union (Tonge, 2016). On the other hand, there will be certain laws that will not be allowed to be changed by the UK, according to the European Union. In addition to this, in accordance with time and requirements, some of the laws will be amended, and some of the laws are ill be repealed or abolished (Tonge, 2016).
In the views of Huntand Wheeler(2017), theEuropean Union is responsible for handling and protecting a lot of human rights including privacy safeguard, workers rights, rights fordisabled people, children, women and migrants (Hunt and Wheeler, 2017). Theministers of the UK will have the power to change or remove the laws and rules set up the UK in relation to human rights protection. The UK will not seek any kind of permission from the elected representatives or the public before making any kind of changes in human rights (Hunt and Wheeler, 2017). Human rights have been a part of the UK for a long period of time, and after the Brexit, many of the laws will be changed, and many of them will be retained.
With regards to the impact of Brexit on Human Rights Protection in the UK, it has been reviewed by Caoet al.,(2018) that the retained law concept will make sure that certain laws should continue to be applied in the UK (Caoet al.,2018). The retained laws can be amended or repealed in the near future. On the other hand, there is a big concern regarding the mechanism and procedure that will be followed to amend or repeal the retained laws in the UK (Caoet al., 2018). At least one new parliamentary committee will be established to decide how the retained EU laws will be amended. The committee can also be established by considering people from the House of Commons and a House of Lords. The Joint Committee on Human Rights many also come into picture after the Brexit agreement.
However, it was reviewed by Daly, Hughesand Armstrong(2018) that all the rights will not be retained including the Charter of Fundamental Rights because the charter does not create any new rights that are already a part of the European Union law (Daly, Hughes and Armstrong, 2018). The charter has been responsible for upgrading the understanding of people, and it protects right such as labour, children and socio-economic rights. Brexit can lower the standards of the protection of people’s rights to a significant extent. Even if the charter is accepted in the house of lords and house of commons, it can be amended in the future in the UK (). After the Brexit, it should be ensured by the Westminster government that the human rights protection of the people should be safeguarded (Daly, Hughes and Armstrong, 2018). The rights of all the people, regardless of identifying people as British or Irish. The rights of the citizens and their family members should also be respected and respected after the Brexit (Daly, Hughes and Armstrong, 2018).
Hill, Smithand Vanhoonacker(2017) reviewed that in certain parts of the UK, the effect of the Brexit on human rights protection will be significant. One of the places where the affected will be most seen is Norther Ireland. It constitutes various grips of people including British, Northern Irish, European and Irish, which is why Northern Ireland has a vital status in the UK (Hill, Smith and Vanhoonacker, 2017). The human rights act can be replaced by the bill of rights, and it has been stated by the human right act that any judgement, advisory and decision must be taken into account by the UK courts. One of the most significant factors that will be responsible for human rights security cooperation.It has been reviewed by (Hill, Smith and Vanhoonacker, 2017) that there are chances of occurrence of a ‘no-deal’ Brexit, which states the withdrawal of the UK from the European Union without signing any withdrawal agreement. The withdrawal of the UK without any withdrawal agreement can have a negative impact on human rights protection for the people of the UK (Hill, Smith and Vanhoonacker, 2017). The supplies of food and medicines can be hampered, protests can take place, and people living in the UK can face uncertainty.
With regards to the impact of Brexit on the human rights protection in the UK, it has been reviewed by Dhingraet al.,(2016) that the European Union law has been responsible for various changes in UK law related to the equality and human rights protection (Dhingraet al.,2016). The protection of the data related to the individuals, protection of the people who were victims of trafficking, improved protection of people at work are few of the human rights in the UK (Dhingraet al.,2016).
Conclusion
On the basis of the above discussion, it can be concluded that human rights protection in the UK can be impacted in a significant manner by the Brexit. The impact of Brexit can be directly associated with the rights possessed by the people of the UK, Certain rights are to be retained, but on the other hand, many existing laws will be amended by the government of the UK. The people’s living standard and supply of food and medicines can be affected in a negative manner after the incorporation of Brexit. The UK’s responsibilities under the EHRC will not be impacted by Brexit, and the retained laws can be amended and repealed in the near future by the government of the UK. Charter of Fundamental Rights will not be retained because the charter does not create any new rights that are already a part of the European Union law. The rights of the people, regardless of their identity, should be protected in the UK. After the Brexit, the human rights act can be replaced by bill of rights, and it has been stated by the human right act that any judgement, advisory and decision must be taken into account by the UK courts.