New Labour proposes slave labour for asylum seekers who are unable to provide evidence that they are personally at risk of persecution, but whose countries are deemed unsafe to deport to.
Background to Human Rights Act 1998
The Human Rights Act 1998 applies to all public authorities. It makes it unlawful for bodies like the police, government departments, local councils etc. to violate the rights contained in the European Convention on Human Rights.
Where there has been a breach of the European Convention on Human Rights - or even where there is about to be - the victim can take proceedings in court under the Human Rights Act. They may be able to take judicial review proceedings, obtain an injunction to stop the violation, force the public authority to take action or obtain damages and compensation.
Source: YourRights.org.uk – the Liberty guide to human rights:
http://www.yourrights.org.uk/your-rights/the-human-rights-act/index.shtml
Below are some conclusions from Parliament’s Joint Human Rights Committee, raising serious concerns about the new asylum bill.
There are many potential breaches of the European Convention on Human Rights (ECHR) highlighted. Some clauses manage to breach 3 separate Articles. You have to take your hat off to that. The Committee is particularly concerned that (yet again) these highly significant curtailments of various freedoms have been introduced at such a late stage, with little or no parliamentary scrutiny:
“3. We have made it clear in a number of reports that we regard it as unacceptable that amendments having significant implications for human rights should be introduced at a late stage in a Bill's passage through Parliament, without a clear explanation of the Government's view of the human rights implications.[3] We find it particularly regrettable that we find ourselves once again in the very same position so soon after having made clear that such a practice undermines parliamentary scrutiny of legislation for compatibility with human rights. Such scrutiny is crucial to the democratic legitimacy of the Human Rights Act 1998. We once again draw this to the attention of each House.”
Below are committee comments relating to destitution and slave labour for people failed by the asylum system. The ECHR Articles breached include:
*Article 4(2) - Prohibition of slavery and forced labour
*Article 14 – Prohibition of discrimination
*Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Compatibility with Article 4(2) ECHR (Prohibition of slavery and forced labour)
16. We conclude that there is a significant risk that making the provision of accommodation to failed asylum seekers conditional on their performance of community work would be in breach of the prohibition of forced or compulsory labour in Article 4(2) ECHR. We draw this to the attention of each House.
Discrimination on grounds of nationality (Article 14 – Prohibition of discrimination)
21. We conclude that there is a significant risk that singling out failed asylum seekers from the class of those in need of emergency social assistance to prevent destitution, and exceptionally requiring them to perform community work as a condition of entitlement to such assistance, would be in breach of Article 14 ECHR in conjunction with Article 4(2) or Article 4(3)(d) ECHR, because it is a difference of treatment on grounds of nationality/immigration status for which there is no objective and reasonable justification. We draw this matter to the attention of each House.
Inhuman or degrading treatment (Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
24. We conclude that there is a significant risk that refusing or withdrawing the provision of accommodation to or from a failed asylum seeker who is unable to return to their country, on the ground that they refuse to perform community work, would be in breach of Article 3 ECHR. We draw this matter to the attention of each House.
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Other Human Rights Concerns of the Committee
Other Articles are breached in relation to access to justice, right to appeal decisions of the Home Secretary, and marriage rights
Article 6 – Right to a fair trial
Article 13 – Right to an effective remedy (restrictions to appeal rights)
Article 12 – Right to marry
Article 14 – Prohibition of discrimination (on grounds of religion and belief and on grounds of nationality – e.g. Church of England marriages are exempted from restrictions)
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Full committee report can be found at: http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/13002.htm
or here in PDF file: http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/130.pdf
European Convention on Human Rights: http://conventions.coe.int/treaty/en/Treaties/Html/005.htm
For regular updates on the new legislation, and all aspects of immigration and asylum news, policy and practice, subscribe to AsylumPolicy.info at www.asylumpolicy.info
The Human Rights Act 1998 applies to all public authorities. It makes it unlawful for bodies like the police, government departments, local councils etc. to violate the rights contained in the European Convention on Human Rights.
Where there has been a breach of the European Convention on Human Rights - or even where there is about to be - the victim can take proceedings in court under the Human Rights Act. They may be able to take judicial review proceedings, obtain an injunction to stop the violation, force the public authority to take action or obtain damages and compensation.
Source: YourRights.org.uk – the Liberty guide to human rights:
http://www.yourrights.org.uk/your-rights/the-human-rights-act/index.shtml Below are some conclusions from Parliament’s Joint Human Rights Committee, raising serious concerns about the new asylum bill.
There are many potential breaches of the European Convention on Human Rights (ECHR) highlighted. Some clauses manage to breach 3 separate Articles. You have to take your hat off to that. The Committee is particularly concerned that (yet again) these highly significant curtailments of various freedoms have been introduced at such a late stage, with little or no parliamentary scrutiny:
“3. We have made it clear in a number of reports that we regard it as unacceptable that amendments having significant implications for human rights should be introduced at a late stage in a Bill's passage through Parliament, without a clear explanation of the Government's view of the human rights implications.[3] We find it particularly regrettable that we find ourselves once again in the very same position so soon after having made clear that such a practice undermines parliamentary scrutiny of legislation for compatibility with human rights. Such scrutiny is crucial to the democratic legitimacy of the Human Rights Act 1998. We once again draw this to the attention of each House.”
Below are committee comments relating to destitution and slave labour for people failed by the asylum system. The ECHR Articles breached include:
*Article 4(2) - Prohibition of slavery and forced labour
*Article 14 – Prohibition of discrimination
*Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Compatibility with Article 4(2) ECHR (Prohibition of slavery and forced labour)
16. We conclude that there is a significant risk that making the provision of accommodation to failed asylum seekers conditional on their performance of community work would be in breach of the prohibition of forced or compulsory labour in Article 4(2) ECHR. We draw this to the attention of each House.
Discrimination on grounds of nationality (Article 14 – Prohibition of discrimination)
21. We conclude that there is a significant risk that singling out failed asylum seekers from the class of those in need of emergency social assistance to prevent destitution, and exceptionally requiring them to perform community work as a condition of entitlement to such assistance, would be in breach of Article 14 ECHR in conjunction with Article 4(2) or Article 4(3)(d) ECHR, because it is a difference of treatment on grounds of nationality/immigration status for which there is no objective and reasonable justification. We draw this matter to the attention of each House.
Inhuman or degrading treatment (Article 3 - No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
24. We conclude that there is a significant risk that refusing or withdrawing the provision of accommodation to or from a failed asylum seeker who is unable to return to their country, on the ground that they refuse to perform community work, would be in breach of Article 3 ECHR. We draw this matter to the attention of each House.
-------------------------------------------------------------------------------------
Other Human Rights Concerns of the Committee
Other Articles are breached in relation to access to justice, right to appeal decisions of the Home Secretary, and marriage rights
Article 6 – Right to a fair trial
Article 13 – Right to an effective remedy (restrictions to appeal rights)
Article 12 – Right to marry
Article 14 – Prohibition of discrimination (on grounds of religion and belief and on grounds of nationality – e.g. Church of England marriages are exempted from restrictions)
----------------------------------------------------------------------------------------
Full committee report can be found at:
http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/13002.htm or here in PDF file:
http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/130/130.pdf European Convention on Human Rights:
http://conventions.coe.int/treaty/en/Treaties/Html/005.htm For regular updates on the new legislation, and all aspects of immigration and asylum news, policy and practice, subscribe to AsylumPolicy.info at www.asylumpolicy.info
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