The European Convention on Human Rights ...

The European Convention on Human Rights, is like other major human rights treaties, as good a starting point as any for deciding on what "rights" we should have.  It has served our people very well over the years.  For a long time, we the people brought many cases to the European Court of Human Rights to complain about arbitrary and unfair UK laws and behaviour.  A good example is corporal punishment in schools which was finally outlawed in the UK as a result of a case brought by a UK child.  

Whether the European Convention is simply adopted into our new constitution is a much thornier question.  But even it is not formally adopted in our constitution, the European Convention should still serve as the starting point for the drafting of many of our civil rights that will need to be included in the constitution, such as rights of life, safety and liberty, freedom from torture and degrading treatment, free speech, freedom from discrimination, freedom of assembly, fair trials, no punishment without law, no double punishment, right to practice a religion or no religion, etc.

Ian Smith Apr 5, 2015

Dear All,

I am posting a quick comment here and in my other ideas.

Firstly, I want to say how much I have enjoyed seeing all of your contributions on this and other ideas and how impressed I am with the range of expertise and erudition which has filled these debates.

Secondly, I wish to put forward a couple of suggestions as to a way forward at this stage.  They are:

A.   I suggest that we all refrain from further voting until the ideas have been refined and represented and have then been debated for a while.  My thinking here is that we will want to see the reshaped ideas and see the comments on those refined ideas before we decide whether they are to be voted up or down,  I do not think that we should refrain from voting on comments but perhaps try not to vote too hastily on them.

B.  Now that the hurly burly of the "Hacking" phase (some of it quite savage) has passed, I hope and wish that we will adopt a more collaborative and less combative approach in our commentary, so that commentary is given a chance to be constructive and really do the job of refining the ideas in question.

C.  I would hope that we can refrain from attacking the very existence of the idea under discussion in this phase or the fact that it has successfully gone through to this phase against the wishes of those who voted it down.  I sincerely hope that the previous critics of an idea, will still respect that it found favour with the crowd and now help to refine the idea in this phase.

Thirdly, I will try my best not to introduce any more typos and mangled phrases! 

Best wishes for the holiday weekend!

Ian 

Mark Cooke Apr 15, 2015

Because we already have a well functioning ECHR and Human Rights Acts,  surrounded by a lot of case law, it makes a lot of sense to me to simply entrench these in the constitution.

I'd argue against tinkering with the wording of those rights (as quite a few proposals do) because this will in practice undermine their enforcement.

 

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