Explainer: What are the consequences for human rights if we change our relationship with the EU?

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Series Details April 2016
Publication Date April 2016
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Europe consists of two separate legal systems, each of which has a separate human rights framework: the Council of Europe and the European Union. The Council of Europe has 47 member states including Russia. The European Union on the other hand has 28 member states and includes arrangements for the free movement of goods, persons, services and capital. The UK is a member of both systems, but the forthcoming referendum on 23 June is asking the electorate to decide whether or not to continue membership of the European Union.

At the same time, the Government has also promised to scrap the Human Rights Act 1998 and break the link with the European Court of Human Rights. The European Court of Human Rights is part of the Council of Europe system and so this process is separate to the decision on whether to remain a member of the European Union.

The two European systems at times overlap and are intertwined. This explainer helps to disentangle some of the issues relating to a complex and fragmented UK human rights framework that draws on two separate European legal systems. Potential reform or exit from either system is considered in the context of implications for UK citizens at the national and devolved level.

Source Link http://ukandeu.ac.uk/explainers/what-are-the-consequences-for-human-rights-if-we-change-our-relationship-with-the-eu/
Related Link(s)
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
ESO: Background information: European rights: there is no going backwards http://www.europeansources.info/record/european-rights-there-is-no-going-backwards/
ESO: Background information: EU referendum: impact of an EU exit in key UK policy areas http://www.europeansources.info/record/eu-referendum-impact-of-an-eu-exit-in-key-uk-policy-areas/
ESO: Background information: Why abolishing the Human Rights Act will be a rough ride for Michael Gove http://www.europeansources.info/record/why-abolishing-the-human-rights-act-will-be-a-rough-ride-for-michael-gove/

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