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Government Publishes Consultation on Human Rights Act Reform

on Wednesday, 22 December 2021.

The Government has opened a period of consultation on the proposed reform of the UK's human rights framework. The Government wishes to replace the Human Rights Act 1998 with a UK Bill of Rights.

According to the consultation document, the Government intends to preserve existing human rights but change the way they are applied.      

One of the key proposals being consulted on is the proposal to introduce a permission stage for human rights claims, whereby claimants would need to prove they have suffered a significant disadvantage before their claim can proceed. Critics have expressed concern that this proposal would introduce a two tier human rights framework where perceived 'smaller' human rights abuses could go unchallenged if the requisite substantial disadvantage is not able to be shown.

Other proposals included in the consultation include whether the right to trial by jury should be formally recognised in the Bill of Rights, and whether foreign criminals should be prevented from arguing against deportation orders by raising arguments around their right to a family life.   

The consultation is open until 8 March 2022.

For more information, please contact Gareth Edwards in our Employment Law team on 07899 915 692, or complete the form below.

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