The European Union (Withdrawal) Bill House of Lords consideration of Commons’ Amendments Monday 18th June 2018 Charter of Fundamental Rights – a children’s rights perspective Background The UK Government’s plan not to retain the EU Charter of Fundamental Rights (the Charter) through the EU (Withdrawal) Bill (the Bill) is a concern, particularly in relation to children. The Charter enhances rights for children that already exist in the European Convention on Human Rights (ECHR) such as the right to education. It also includes key rights enshrined in the UN Convention on the Rights of the Child (UNCRC) such as the right to care and protection, to express views freely in accordance with their age and maturity, the principle of best interests being a primary consideration and the right to know both parents. The UK Government has stated that abandoning the Charter “will not affect the substantive rights from which individuals already benefit in the UK”. This is not the case. A Legal Opinion sought by the Equalities and Human Rights Commission (EHRC), concludes that “a failure to preserve relevant parts of the Charter in domestic law after Brexit will lead to a significant weakening of the current system of human rights protection in the UK”. Gaps in protection arising from loss of the Charter: The Charter has created new rights and extended existing rights: The UK Government’s analysis is superficial and merely identifies where aspects of a Charter right are protected domestically. This is not the same as these rights being protected in their entirety. The UK has not incorporated certain treaties into the domestic law, such as the UNCRC. It’s misleading to imply that rights contained in unincorporated treaties would be adequately protected after Brexit as they would lack legal enforceability. For examples of how the Charter has helped to promote and protect children’s rights see below. How does the Charter of Fundamental Rights promote and protect children’s rights? Preserving Charter rights is particularly important in relation to children and young people. The Charter supports children and young people’s rights in a number of ways: It enhances rights that already exist in the European Convention on Human Rights (ECHR) such as the right to education. It also includes key rights enshrined in the UN Convention on the Rights of the Child (UNCRC). These include the right to
The European Union (Withdrawal) Bill House of Lords consideration of Commons’ Amendments Monday 18th June 2018 Charter of Fundamental Rights – a children’s rights perspective Background The UK Government’s plan not to retain the EU Charter of Fundamental Rights (the Charter) through the EU (Withdrawal) Bill (the Bill) is a concern, particularly in relation to children. The Charter enhances rights for children that already exist in the European Convention on Human Rights (ECHR) such as the right to education. It also includes key rights enshrined in the UN Convention on the Rights of the Child (UNCRC) such as the right to care and protection, to express views freely in accordance with their age and maturity, the principle of best interests being a primary consideration and the right to know both parents. The UK Government has stated that abandoning the Charter “will not affect the substantive rights from which individuals already benefit in the UK”. This is not the case. A Legal Opinion sought by the Equalities and Human Rights Commission (EHRC), concludes that “a failure to preserve relevant parts of the Charter in domestic law after Brexit will lead to a significant weakening of the current system of human rights protection in the UK”. Gaps in protection arising from loss of the Charter: The Charter has created new rights and extended existing rights: The UK Government’s analysis is superficial and merely identifies where aspects of a Charter right are protected domestically. This is not the same as these rights being protected in their entirety. The UK has not incorporated certain treaties into the domestic law, such as the UNCRC. It’s misleading to imply that rights contained in unincorporated treaties would be adequately protected after Brexit as they would lack legal enforceability. For examples of how the Charter has helped to promote and protect children’s rights see below. How does the Charter of Fundamental Rights promote and protect children’s rights? Preserving Charter rights is particularly important in relation to children and young people. The Charter supports children and young people’s rights in a number of ways: It enhances rights that already exist in the European Convention on Human Rights (ECHR) such as the right to education. It also includes key rights enshrined in the UN Convention on the Rights of the Child (UNCRC). These include the right to
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