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Jurist EU commissioner raises alarm over UK human rights

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Dadparvar

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Nov 11, 2016
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In two letters published on Tuesday, the European Council Commissioner for Human Rights expressed concerns around UK human rights, its recent policing of pro-Palestine protests, and its rollback of transgender rights.

In a letter to the UK secretary of state, Commissioner Michael O’Flaherty raised alarm over heightened policing of pro-Palestine protests, “especially following the proscription” of Palestine Action as terrorist organization. He expressed concern over reported mass arrests of peaceful protesters “displaying placards or banners expressing solidarity with the organisation or disagreement with the government’s decision to proscribe it.” O’Flaherty acknowledged that supporting proscribed groups is an offense under the Terrorism Act 2000 but urged the UK government to ensure that such legislation does not impede or limit fundamental rights.

O’Flaherty further urged the UK government to “ensure that any arrests or convictions” based on the Police Crime, Sentencing and Courts Act 2022 and Public Order Act 2023 “are subject to review.” He said these acts “continue to allow authorities to impose excessive limits on freedom of assembly and expression,” especially the proposed restrictions on “concealing one’s identity” and assembling in the vicinity of places of worship.

In a separate letter addressed to the chair of the Women and Equalities Committee of the House of Commons and the chair of the Joint Committee on Human Rights, O’Flaherty alerted to the human rights climate for transgender people in the UK. In April, the UK Supreme Court ruled that transgender women are not legally women under the Equality Act 2010. O’Flaherty observed that the court “did not engage with…human rights issues” and its obligations under international law.

The commissioner stated that further steps by the Supreme Court are necessary to protect transgender people, including an updated code of practice for services, public functions and associations which is currently awaiting parliamentary approval. He reminded officials that they must act in accordance with the European Convention on Human Rights, including upholding respect for human dignity, human freedom, and private life. He raised concern that the ruling may pave way for exclusionary and discriminatory “blanket practices or policies on access to gender-segregated spaces.”

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