Universal Declaration of Human Rights

Lord Hope of Craighead Excerpts

Thursday 8th September 2016 Grand Committee

[Lord Hope of Craighead (CB)]

My Lords, I, too, thank the noble Lord, Lord Alton, for securing this debate, and for his tireless search for a solution to the problem of promoting universal adherence to the principles that underlie this article. Reduced to its simplest terms, Article 18 seeks to protect two inalienable rights. The first is the right to freedom of religion or belief itself. The second is the right to manifest that religion or belief in whatever way one chooses. Without the first one cannot have the second, and so it is the threats to the first that are of the greatest concern. They are legion, and they affect every faith.

The question is: what can be done to eradicate violations of the article? As a lawyer, I would love to think that there was a legal base for the article so that it could be enforced. After all, rights are not really rights unless the person whose rights are being infringed has access to a remedy. Two examples come to mind of legal bases which are to be found in other human rights instruments. There is the 1950 European Convention on Human Rights, Article 9 of which is a mirror image of what we see in Article 18. As everyone knows, Section 2 of that convention set up the European Court of Human Rights with jurisdiction to say what its articles mean, to receive applications from individuals and to provide just satisfaction if there has been a violation. That mechanism was practicable within a small group of relatively like-minded nations such as we have in Europe, but we have to face the fact that it would have been beyond the reach of the universal convention, which was designed to apply across the entire world. So it is not there.

The other example is the 1984 torture convention. It was entered into having regard to Article 5 of the universal declaration—so there is a link there—and Article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture. Article 4 of the torture convention provides:

“Each State Party shall ensure that all acts of torture are offences under its criminal law”.

Article 5 provides:

“Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4”,

where, among other things,

“the victim is a national of that state”.

However, the convention goes even further than that. It requires,

“any State Party in whose territory a person alleged to have committed any offence … is present shall take him into custody”,

and to prosecute him there; failing which, to extradite him to the state of which the victim is a national so that he can be prosecuted in that country. We in this country, as many will remember, were asked to give effect to our obligations under that convention in the case of Senator Pinochet by extraditing him to Spain so that he could be prosecuted there for acts of torture committed in his own country but perpetrated against Spanish nationals, although he was able to escape from the consequences on grounds of ill health.

The Question which the noble Lord asks is directed to the Government. In the absence of a mechanism such as those to which I have referred, which would enable breaches of the article to be brought before a court, it surely is the Government’s responsibility to do all they can to eliminate the appalling violations to which other noble Lords have referred. But perhaps the time has come for someone to develop the idea of a freedom of religion convention along the lines of that which was devised to address the problem of torture. We cannot go on just talking about the problem. Something more fundamental needs to be done. I ask the Minister to at least take this suggestion away for further thought and consideration.