On Monday the European Human Rights Court in the judgment Scoppola v. Italy said that the UK blanket ban on prisoners having a vote was illegal.
A detailed analysis of this judgment can be found in the Head of Legal Blog.
The judgment in summary says that a blanket ban on all prisoners having voting rights is contrary to human rights legislation, but that Parliament can still decide which crimes would result in the prisoner losing their voting rights. For example say all prisoners who have been sentenced for more than 4 years.
I did post on this subject last year - Voting rights for prisoners.
In my humble opinion a fundamental human right is the right to vote and to participate in the democratic process, which before someone looses such rights they need to have committed a serious crime.
Of course, whilst Parliament can decide what level of sentence would be serious enough for someone to loose their fundamental right to vote, quite clearly it should be for the courts to decide whether such decisions infringe the fundamental human rights of us all, be that national or international law.
Sir Winston Churchill recongnised this fact when back in 1949 he was a founder member of the Council of Europe, which in 1950 agreed the European Convention for the Protection of Human Rights and Fundamental Freedoms. The UK was one of the original countries to sign, with the convention coming into force in the UK in September 1953. The European Court of Human Rights was part of the convention.
I have posted on this subject before - A bit more Abu Qatada & human rights.
How times have changed, and I was sad to read that the current Prime Minister; with it seems an eye on headlines in the tabloid press, on Wednesday and as reported by BBC News [...] told MPs he will resist a European court ruling that prisoners should be given the right to vote in UK elections. David Cameron said the ban on voting from jail "should be a matter for Parliament... and not a foreign court".'
We can't really decide to ignore rulings from an internationally recongnised court; of which we were a founding member, and expect others to comply, especially on fundamental human rights, nor in doing so should we lecture others on the need to comply either.
We have six months to grow up and amend our laws.
A detailed analysis of this judgment can be found in the Head of Legal Blog.
The judgment in summary says that a blanket ban on all prisoners having voting rights is contrary to human rights legislation, but that Parliament can still decide which crimes would result in the prisoner losing their voting rights. For example say all prisoners who have been sentenced for more than 4 years.
I did post on this subject last year - Voting rights for prisoners.
In my humble opinion a fundamental human right is the right to vote and to participate in the democratic process, which before someone looses such rights they need to have committed a serious crime.
Of course, whilst Parliament can decide what level of sentence would be serious enough for someone to loose their fundamental right to vote, quite clearly it should be for the courts to decide whether such decisions infringe the fundamental human rights of us all, be that national or international law.
Sir Winston Churchill recongnised this fact when back in 1949 he was a founder member of the Council of Europe, which in 1950 agreed the European Convention for the Protection of Human Rights and Fundamental Freedoms. The UK was one of the original countries to sign, with the convention coming into force in the UK in September 1953. The European Court of Human Rights was part of the convention.
I have posted on this subject before - A bit more Abu Qatada & human rights.
How times have changed, and I was sad to read that the current Prime Minister; with it seems an eye on headlines in the tabloid press, on Wednesday and as reported by BBC News [...] told MPs he will resist a European court ruling that prisoners should be given the right to vote in UK elections. David Cameron said the ban on voting from jail "should be a matter for Parliament... and not a foreign court".'
We can't really decide to ignore rulings from an internationally recongnised court; of which we were a founding member, and expect others to comply, especially on fundamental human rights, nor in doing so should we lecture others on the need to comply either.
We have six months to grow up and amend our laws.