The right to privacy from the politics of human rights

I almost spilt my coffee yesterday morning as I read certain politicians from a party opposed to the Human Rights Act championing the use of human rights legislation In this case it was UK Supreme Court ruling that the Scottish Government’s proposed ‘Named Person’ scheme breached the right to privacy and family life in accordance with the European Convention on Human Rights. In actual fact the judgement is unlikely to be of significant importance in the long term, as it has not closed the door on the plan. Instead the Scottish Government has 42 days to give certain aspects a rethink. And looking at today’s headlines, it seems intent on getting the scheme through. It could even be of benefit, as it will give the SNP the political space to shore up further support from others across the chamber. What is perhaps most notable is the routine nature of the whole exercise. Here were individuals using the European Convention on Human Rights to hold decision makers to account, with the Executive then accepting the ruling. The Government’s reaction was rightfully taken for granted, yet current examples around the world show how vital it is that we maintain and strengthen these checks and balances on decision makers. However, with Brexit rumbling on, how long this will remain the ‘routine’ situation is hard to define. Before becoming Prime Minister, Theresa May called for the UK to remove itself from the jurisdiction of the European Court of Human Rights (ECHR). Her statement was perhaps more of a conference headliner then a long term objective – and was, of course, overshadowed somewhat by catgate. Nevertheless, plans are well developed to replace the Human Rights Act with a British Bill of Rights. David Davis and other prominent Conservatives, however, are questioning this approach, arguing that the European Court of Justice (ECJ), rather than the EHCR, has greater judicial authority over the UK. The logic to this argument is that the ECJ compels the UK to act, whilst the ECHR merely recommends action. Which neatly brings us full circle as Davis, alongside Labour’s Tom Watson, recently petitioned the ECJ on the UK Government’s DRIPA act citing, you guessed it, potential breach of the right to privacy. And you thought the Named Person scheme was confusing.