European Convention on Human Rights: Protocol 12 Debate
Full Debate: Read Full DebateBaroness Chakrabarti
Main Page: Baroness Chakrabarti (Labour - Life peer)Department Debates - View all Baroness Chakrabarti's debates with the Ministry of Justice
(4 days, 16 hours ago)
Lords ChamberSo I will write to the noble Lord about that. Nevertheless, my point stands: many other states have considered this and have not at present decided to sign the protocol. It is worth pointing out that none of the larger states within the European Union or the Council of Europe have signed it, either.
My Lords, the Government have a duty not just to protect people’s rights and freedoms but to promote public understanding of those rights and freedoms. So can my noble friend the Minister explain why this further innovation of a free-standing right against discrimination in Protocol 12—as opposed to a right against discrimination in the context of other convention rights, such as Article 14, which we are signed up to—would not benefit people, in the light of his comments that the Equality Act already does the trick?
The fact of the matter is that we are seeing the law develop in these areas. We have had the Supreme Court judgment. I and the Government believe that the Equality Act is working well, and there will be development in law in this matter going forward. It is also right that there is very little common law associated with Protocol 12 for those states that have signed up to it. So, as I said, the Government are keeping an eye on this matter, but at present they do not believe that it is right to sign up to Protocol 12.