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Brexit and Human Rights: An opportunity?

Michelle Coleman Orcid Logo

The Future of Human Rights in the UK, Pages: 92 - 110

Swansea University Author: Michelle Coleman Orcid Logo

Abstract

As the United Kingdom leaves the European Union, the rights of individuals, including human rights, will be affected. While the degree of the United Kingdom’s disentanglement from the European Union depends on future negotiations, individual rights as provided through the European Union are at risk....

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Published in: The Future of Human Rights in the UK
ISBN: 1-4438-9513-X
Published: Cambridge Scholars 2017
Online Access: https://www.cambridgescholars.com/product/978-1-4438-9513-2
URI: https://cronfa.swan.ac.uk/Record/cronfa59213
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fullrecord <?xml version="1.0"?><rfc1807><datestamp>2022-02-07T11:42:09.0145701</datestamp><bib-version>v2</bib-version><id>59213</id><entry>2022-01-18</entry><title>Brexit and Human Rights: An opportunity?</title><swanseaauthors><author><sid>54f57826dde45d78478523c9c265a1ce</sid><ORCID>0000-0002-2615-1021</ORCID><firstname>Michelle</firstname><surname>Coleman</surname><name>Michelle Coleman</name><active>true</active><ethesisStudent>false</ethesisStudent></author></swanseaauthors><date>2022-01-18</date><deptcode>LAWD</deptcode><abstract>As the United Kingdom leaves the European Union, the rights of individuals, including human rights, will be affected. While the degree of the United Kingdom&#x2019;s disentanglement from the European Union depends on future negotiations, individual rights as provided through the European Union are at risk. It is widely believed that human rights will be constricted when the United Kingdom leaves the European Union. This however, need not be the case. There are many laws that will require rewriting after Brexit in order to remove Europe&#x2019;s influence. This will require Parliament to undertake a major reworking of laws throughout the entire legal system. While Parliament is engaged in this work, they could choose to prioritise human rights. Taking this kind of policy on board, they could also improve domestic laws that have become severely constrained despite Europe&#x2019;s influence.One such right is the right to remain silent. The right to silence in England and Wales no longer exists in practice. Although technically limited, adverse inferences can apply whenever the defendant remains silent or attempts to later change their narrative and even when the defendant remains silent on advice of counsel. Thus, an adverse inference, contributing to conviction, could be drawn in almost every case. The result is that a defendant has no real choice as either choosing to speak or exercising the right to remain silent contributes to their conviction.This paper argues that Brexit will cause legal upheaval as Parliament rewrites or reconsiders a large number of laws within the British legal system. As a result, Parliament will need to choose their priorities during the rewriting process. Parliament could use Brexit as an opportunity to prioritise human rights and set the United Kingdom out as a world leader in human rights law and policy.</abstract><type>Book chapter</type><journal>The Future of Human Rights in the UK</journal><volume/><journalNumber/><paginationStart>92</paginationStart><paginationEnd>110</paginationEnd><publisher>Cambridge Scholars</publisher><placeOfPublication/><isbnPrint>1-4438-9513-X</isbnPrint><isbnElectronic/><issnPrint/><issnElectronic/><keywords/><publishedDay>31</publishedDay><publishedMonth>8</publishedMonth><publishedYear>2017</publishedYear><publishedDate>2017-08-31</publishedDate><doi/><url>https://www.cambridgescholars.com/product/978-1-4438-9513-2</url><notes/><college>COLLEGE NANME</college><department>Law</department><CollegeCode>COLLEGE CODE</CollegeCode><DepartmentCode>LAWD</DepartmentCode><institution>Swansea University</institution><apcterm/><lastEdited>2022-02-07T11:42:09.0145701</lastEdited><Created>2022-01-18T15:37:59.3814224</Created><path><level id="1">Faculty of Humanities and Social Sciences</level><level id="2">Hilary Rodham Clinton School of Law</level></path><authors><author><firstname>Michelle</firstname><surname>Coleman</surname><orcid>0000-0002-2615-1021</orcid><order>1</order></author></authors><documents/><OutputDurs/></rfc1807>
spelling 2022-02-07T11:42:09.0145701 v2 59213 2022-01-18 Brexit and Human Rights: An opportunity? 54f57826dde45d78478523c9c265a1ce 0000-0002-2615-1021 Michelle Coleman Michelle Coleman true false 2022-01-18 LAWD As the United Kingdom leaves the European Union, the rights of individuals, including human rights, will be affected. While the degree of the United Kingdom’s disentanglement from the European Union depends on future negotiations, individual rights as provided through the European Union are at risk. It is widely believed that human rights will be constricted when the United Kingdom leaves the European Union. This however, need not be the case. There are many laws that will require rewriting after Brexit in order to remove Europe’s influence. This will require Parliament to undertake a major reworking of laws throughout the entire legal system. While Parliament is engaged in this work, they could choose to prioritise human rights. Taking this kind of policy on board, they could also improve domestic laws that have become severely constrained despite Europe’s influence.One such right is the right to remain silent. The right to silence in England and Wales no longer exists in practice. Although technically limited, adverse inferences can apply whenever the defendant remains silent or attempts to later change their narrative and even when the defendant remains silent on advice of counsel. Thus, an adverse inference, contributing to conviction, could be drawn in almost every case. The result is that a defendant has no real choice as either choosing to speak or exercising the right to remain silent contributes to their conviction.This paper argues that Brexit will cause legal upheaval as Parliament rewrites or reconsiders a large number of laws within the British legal system. As a result, Parliament will need to choose their priorities during the rewriting process. Parliament could use Brexit as an opportunity to prioritise human rights and set the United Kingdom out as a world leader in human rights law and policy. Book chapter The Future of Human Rights in the UK 92 110 Cambridge Scholars 1-4438-9513-X 31 8 2017 2017-08-31 https://www.cambridgescholars.com/product/978-1-4438-9513-2 COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2022-02-07T11:42:09.0145701 2022-01-18T15:37:59.3814224 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Michelle Coleman 0000-0002-2615-1021 1
title Brexit and Human Rights: An opportunity?
spellingShingle Brexit and Human Rights: An opportunity?
Michelle Coleman
title_short Brexit and Human Rights: An opportunity?
title_full Brexit and Human Rights: An opportunity?
title_fullStr Brexit and Human Rights: An opportunity?
title_full_unstemmed Brexit and Human Rights: An opportunity?
title_sort Brexit and Human Rights: An opportunity?
author_id_str_mv 54f57826dde45d78478523c9c265a1ce
author_id_fullname_str_mv 54f57826dde45d78478523c9c265a1ce_***_Michelle Coleman
author Michelle Coleman
author2 Michelle Coleman
format Book chapter
container_title The Future of Human Rights in the UK
container_start_page 92
publishDate 2017
institution Swansea University
isbn 1-4438-9513-X
publisher Cambridge Scholars
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
url https://www.cambridgescholars.com/product/978-1-4438-9513-2
document_store_str 0
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description As the United Kingdom leaves the European Union, the rights of individuals, including human rights, will be affected. While the degree of the United Kingdom’s disentanglement from the European Union depends on future negotiations, individual rights as provided through the European Union are at risk. It is widely believed that human rights will be constricted when the United Kingdom leaves the European Union. This however, need not be the case. There are many laws that will require rewriting after Brexit in order to remove Europe’s influence. This will require Parliament to undertake a major reworking of laws throughout the entire legal system. While Parliament is engaged in this work, they could choose to prioritise human rights. Taking this kind of policy on board, they could also improve domestic laws that have become severely constrained despite Europe’s influence.One such right is the right to remain silent. The right to silence in England and Wales no longer exists in practice. Although technically limited, adverse inferences can apply whenever the defendant remains silent or attempts to later change their narrative and even when the defendant remains silent on advice of counsel. Thus, an adverse inference, contributing to conviction, could be drawn in almost every case. The result is that a defendant has no real choice as either choosing to speak or exercising the right to remain silent contributes to their conviction.This paper argues that Brexit will cause legal upheaval as Parliament rewrites or reconsiders a large number of laws within the British legal system. As a result, Parliament will need to choose their priorities during the rewriting process. Parliament could use Brexit as an opportunity to prioritise human rights and set the United Kingdom out as a world leader in human rights law and policy.
published_date 2017-08-31T04:16:21Z
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score 11.035634

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