Advancing human rights in a post-Brexit era: Global Britain or wavering Britain?

Abstract

The United Kingdom (UK) has traditionally exerted significant influence on the global human rights agenda through its diplomacy in multilateral human rights forums. This influence, stemming from the UK’s geopolitical standing, its membership of the European Union (EU) and the perception that the UK is a strong supporter and advocate of human rights, has been utilised to advance its own human rights priorities and influence the activities of other states. By examining recent developments, including the UK’s departure from the EU, the rise of populist sentiments internationally and a growing scrutiny of the UK’s domestic human rights record, this article explores both the opportunities and challenges posed by these emerging challenges. In so doing, the analysis casts doubt on the unfettered optimism of ‘Global Britain’, the idea that the UK can emerge from its ties with the EU as an influential actor in the field of human rights.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1 UK Government, Global Britain: delivering on our international ambition, https://www.gov.uk/government/collections/global-britain-delivering-on-our-international-ambition.

2 The UK’s record was frequently challenged before the European Court of Human Rights and the situation in Northern Ireland led to the UK claiming a record-breaking duration of derogation for a situation ‘threatening the life of the nation’ (Article 15 ECHR; see Brannigan and McBride v UK, Application Nos. 14553/89 and 14554/89, Report of the Commission, 3 December 1991; Judgement 26 May 1993, Series A, Vol. 258B). Even in 2021 the UK only recognises the competency of the UN treaty bodies to consider individual complaints under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (since 2004) and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (since 2009).

3 Famously, the UK government opposed the extradition of the former Chilean President to Spain and thence Chile to face charges of violations of human rights and authorisation of international crimes – Regina v Bartle and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet; Regina v Evans and Another and the Commissioner of Police for the Metropolis and Others Ex Parte Pinochet [1999] UKHL 17, see also Livingstone (2018).

4 Nationals of any UN member state can seek access to the public visitor’s gallery and the sessions are broadcast live online through UN WebTV, then retained in the archives. Reports of each session, and all documents, are publicly available and usually translated into all official UN languages.

5 Disaggregated recommendations made by the UK during universal periodic review can be easily accessed through the UPR-info database, see https://upr-info-database.uwazi.io/

6 PM speech in Greenwich: 3 February 2020, https://www.gov.uk/government/speeches/pm-speech-in-greenwich-3-february-2020

7 Global Britain, Volume 671: debated on Monday 3 February 2020, https://hansard.parliament.uk/Commons/2020-02-03/debates/2002039000001/GlobalBritain#contribution-23EFC485-6A9C-402E-80CE-DAD416116D0D

8 Global Britain 30 Jan 2020 | 670 cc132-1037 Motion that this House has considered global Britain Elizabeth Truss | Department for International Trade

9 The UK was a member of the Commission during the following periods: 1947–1978, 1980–1990, 1992–2006. As for its key Sub-Commission on the Promotion and Protection of Human Rights, Francoise Jane Hampson was a UK member.

Additional information

Notes on contributors

Sean Molloy

Sean Molloy is NUAcT Fellow in Law at Newcastle Law School, Newcastle University. Email: [email protected]

Rhona Smith

Rhona Smith is Professor of International Human Rights at Newcastle Law School, Newcastle University. Email: [email protected]