Human Rights. That phrase is one of the most important in the modern English language. It recognises that there are basic universal principles which apply to all people at all times, fundamental rights which give humankind dignity and respect.
In the aftermath of the Second World War, Europe was trying to find ways of enshrining basic human rights and preventing the atrocities committed by the Nazis from ever happening again. One way of dong this was by signing of the European Convention on Human Rights (ECHR) in 1950. Britain's role in drafting the ECHR was pivotal, and it set the standard for treaties regarding civil liberties around the world.
There was, however, one major problem. The only way to use the ECHR to challenge British legislation was by taking a case to the European Court of Human Rights. It was an extremely costly and cumbersome affair, with matters taking years in the lower courts before reaching Europe.
The Human Rights Act 1998 changed all of that. A very simple piece of legislation in itself, it enabled the rights protected by the ECHR to be enforced by the British courts rather than having to go to Europe to fight a case. The legal process was streamlined, and the British public were the ones that benefited most.
Britain's legal system had to modernise so that it better reflected British society, and in doing so, the Human Rights Act dramatically improved access to justice. The right to privacy, the rights of prisoners, protection from discrimination – all have the Act to thank for the sensible and appropriate way in which the British courts have dealt with them. The courts have helped set the trends which the Government has followed, such as appropriate healthcare provisions for prisoners, anti-discrimination legislation, and the expansion of privacy laws.
Sikhs have benefited from the application of the Human Rights Act in all facets of our lives, just as much as everybody else. From the right to a fair trial to the right to a family life, the Act challenges public bodies to ensure that everyone is treated with fairness and equality at every opportunity. Its very purpose is to make the Government feel uncomfortable and remind them that all legislation is subject to the same basic rights for all.
As Sikhs, we have a moral duty to ensure that the rights of everybody in society are looked after, especially the most vulnerable. The Human Rights Act has done that for the last 15 years in ways that we would never have thought possible, and it is a piece of legislation that we should be proud of.
Human rights are not an optional extra in a democratic society. They are fundamental in ensuring that we treat each other as equals, especially when some people feel that others do not 'deserve' to be treated as such.
Britain should be celebrating the successes of the Human Rights Act, not condemning it to history. In a democracy, nobody should be above the rule of law, not even the law makers.
