Is it right to have rights?

Rights are in the news a lot these days. This is the case whether we are looking at the FIFA World Cup in Qatar or the intention to introduce a Bill of Rights.

There is also the constant elephant in the room: Brexit. Freedom of Movement is something that is granted to all EU citizens, and to other countries willing to sign up to the relevant provisions. Yes, I say “is” because it still exists. It may be that certain politicians lay claim to brining an end to Freedom of Movement in the UK but it still it exists, just not for those who do not have EU citizenship.

What was once a right for all UK citizens has been removed. However, the argument for getting rid of Freedom of Movement was portrayed as removing rights for others. It was to prevent others from coming to the UK to simultaneously seek employment and unemployment benefits. And it is an example of how rights can be removed by sleight of hand.

If the rights can provide to something to someone one does not like or fears, however irrational that fear may be, the greater the clamour can be for removing those rights. There can even be a question as to whether such rights should exist at all.

There is no automatic right to legal aid. In many legal spheres there is no discernible system of legal aid at all. It comes to the fore most in criminal law. The argument against it existing there is simple. Why should a criminal receive legal representation paid for by the state (aka taxpayers)? Most people will not consider the need for a system of legal aid because they figure they are not a member of any criminal fraternity.

What such arguments do not take into consideration is that being falsely accused of a crime can happen. Charging someone does not a criminal make. It is easier for someone who is not properly represented to be convicted when they face the full resources of the state against them. That conviction will turn the individual into a criminal but can we be confident that a system with unequal representation will lead to the right result. We all want to be protected from criminal activity but that means catching those who do actually commit crimes. It is pointless incarcerating the innocent. It is also not right, unless you think there is no right to not be wrongly imprisoned.

We like to think that we have a right to vote. However, we will only be able to exercise that right shortly if we can present photo ID at the point of voting. Fine for the person with passport or a driving licence but not everyone has one of those, for various reasons. Also getting those forms of ID comes with a cost. So, is the right to vote something that should only apply to those who can afford to get the ID? There was a time when only property-holders could vote. Where should the bar be set to be able to participate in one of the most basic functions of a living democracy?

Is the answer to have state issued ID cards which are available for free. The argument against these is that they can be regarded as an infringement on our basic freedom. So, an infringement on the right not to have to carry ID? Try opening a bank account or getting legal advice without providing ID. We may not have to carry ID with us at all times but there is no freedom from having ID. Is it seriously argued that all countries where state issued ID is used that human rights are infringed?

And so, we come to human rights. The Bill of Rights, as envisaged, by the current Secretary of Justice (emphasis on “current”) will seek to water down various rights. In doing so, our government will cite our sovereign rights as a nation. And the move will be painted as

preserving that right “for us” so that “we” protect “ourselves”, or the decent good-minded folk among us. It is the “other” that will be prevented from “taking advantage of us”.

As with the removal of Freedom of Movement, look at all of those who will be worse off because of the removal of rights. You will find it is a wider group than those making the proposal would have us believe.

Even if you are the selfish type, you should be concerned about the erosion of rights. As for those who just think it is right to have rights – keep fighting for them.

Martin Williams is a Partner at Mayo Wynne Baxter, sponsors of our November and December Chamber Breakfasts. 

Find out more about Mayo Wynne Baxter on their website. 

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