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Human rights after Brexit in the spotlight

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March 28, 2024

MPs have launched an enquiry into the status of human rights legislation after the departure of the UK from the EU.

The Parliamentary Joint Committee on Human Rights will focus in particular on three aspects of Brexit:

*Article 8 of the European Convention on Human Rights following the departure of the UK. What effect might a right to ‘respect for private and family life’ have on EU nationals living in the UK and on British citizens resident in other EU countries? What might happen if they are married to citizens of the countries in which they now live but are then required to leave following Brexit?

*How would Brexit affect UK human rights law originally defined by EU legislation – for example workplace rights and the right to freedom from discrimination?

*The human rights implications of new international trade deals.

The Committee notes:

“Withdrawal from the EU would mean that the UK no longer has to comply with the human rights obligations contained in the EU Treaties and other sources of EU law, unless Parliament chooses to continue them in force. The EU Charter of Fundamental Rights, for example, would not apply, and the EU Court of Justice would not have jurisdiction over the UK.”

Former Labour leader Harriet Harman is Chair of the Joint Committee. It was “vitally important”, she said, that human rights protections were fully considered as part of the Brexit process, in order to ensure they are not weakened, “especially where these apply to some of the most vulnerable groups in society.”

Written submissions are invited, with a deadline of October 10.

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

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