Why we must fight for the Human Rights Act
‘WNone of us can ever know when we might need to rely on the Act’s protections
HAT’S the point in having rights if you can’t sue for them in court?”
Rewatching The West Wing recently, this comment from fictional White House staffer Sam Seaborn resonated with me.
Sadly, Justice Secretary Dominic Raab doesn’t seem to agree. His plans to scrap the Human Rights Act are back from the near-dead. Dubbed a Rights Removal Bill, the new legislation looks set to be debated in parliament soon.
Misinformation and inflammatory rhetoric have become part and parcel of Westminster bubble debates about human rights in the last decade. But a recent case brought by our lawyers at Justright Scotland shows exactly why we need human rights laws – and why we must be able to use them in court.
Born in Iraq, Ola Jasim has lived and studied in Scotland since she was 11. Academically gifted and hard-working, she dreams of becoming a doctor and was delighted to be offered a place to study medicine at a Scottish university. The university was pragmatic and recognised that she was a “home fees” student – and so should have been eligible to have her tuition fees covered by the Student Awards Agency for Scotland.
So far, so positive, for a young woman who wants to make a difference in people’s lives. Unfortunately, she then hit a hurdle that left her needing the help of the Human Rights Act.
When developing its criteria for eligibility for student support, the Scottish Government had taken a very rigid approach to residency requirements – essentially copying and pasting the UK Government’s immigration rules. This meant that Ola was just 58 days short of the length of residency time required to get fee support as a home student. The Scottish Government refused to make any concession.
Our legal team at Justright Scotland decided to take this case to court as there was a clear issue of fairness and human rights at stake. We argued that the Scottish Government was breaching Ola’s right to education, and her right not to be discriminated against, both of which are protected under the Human Rights Act.
The Court of Session agreed with us. Last month, Ola was awarded a financial remedy. Importantly, the Scottish Government has also been required by the court to propose new rules to parliament which comply with human rights. This both changes the game for Ola and requires the system to be changed for other young people like her who have been affected.
This case shows why the
Human Rights Act is such an important law that can work in practice in a positive way. None of us can ever know when we might need to rely on the act’s protections, and none of us should take it for granted.
As legislation to scrap the act comes before MPS, it’s always worth asking: why do some politicians want to get rid of a law that protects people’s rights so badly? Perhaps accountability has a bitter taste for those in power.