المدة الزمنية 13:4

BRITAIN | Time to Leave the ECHR

بواسطة Prof James Ker-Lindsay

25 083 مشاهدة

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تم نشره في 2024/04/19

In April 2024, Prime Minister Rishi Sunak suggested that he would be prepared to see Britain to exit the European Convention on Human Rights (ECHR) if it hampers the government's immigration policies. This stance has sparked controversy, as it would lead to Britain leaving the Council of Europe, which oversees democracy and human rights across the continent. Seen by many as another Brexit, such a move could also open the door to significant legislative changes, including the reinstatement of the death penalty. It would likely have profound implications for Britain's international relations, raising questions about whether Britain is heading towards another calamitous rift with Europe and even the United States. Human rights development has been a central theme in international relations since the Second World War, beginning with the Universal Declaration of Human Rights and expanding through numerous treaties, such as the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, among others. Regional initiatives like the African Charter on Human and People’s Rights and the American Convention on Human Rights complement this framework, supported by judicial bodies capable of adjudicating human rights violations. However, a growing sentiment for national sovereignty has led to resistance against external legal influences, exemplified by the UK's consideration of leaving the ECHR for a national framework, which would also necessitate its departure from the Council of Europe. MY LATEST BOOK! Secession and State Creation: What Everyone Needs to Know Oxford University Press https://global.oup.com/academic/product/secession-and-state-creation-9780190494049 Amazon https://amzn.to/2MPY3W2 Audiobooks.com https://www.audiobooks.co.uk/audiobook/secession-and-state-creation-what-everyone-needs-to-know/637281 SUPPORT THE CHANNEL Hello and welcome! My name is James Ker-Lindsay, and here I take an informed look at International Relations, conflict, security, and statehood. If you like what you see, please subscribe. Even better, perhaps consider becoming a Channel Member or supporting the Channel through Patreon. Thank you! SUBSCRIBE FOR FREE /c/JamesKerLindsay BECOME A CHANNEL MEMBER /c/JamesKerLindsay/join JOIN MY PATREON PAGE https://www.patreon.com/JamesKerLindsay VIDEO CHAPTERS 00:00 Introduction and Titles 00:51 Human Rights Protection in International Relations 02:28 The Council of Europe and the ECHR 04:54 The Debate over Britain and the ECHR 07:10 The Case for Britain Keeping the Convention 09:01 The Case for Britain Leaving the Convention 10:41 Could Britain Leave the ECHR? SOURCES AND FURTHER READING Council of Europe https://www.coe.int/ European Court of Human Rights https://www.echr.coe.int European Convention on Human Rights https://www.echr.coe.int/documents/d/echr/convention_eng European Convention on Human Rights | YouTube Presentation/watch/w0Xy8odn1Cyny Inter-American Court of Human Rights https://www.corteidh.or.cr/index.cfm?lang=en African Court of Human and People’s Rights https://www.african-court.org/wpafc/ International Human Rights Treaties and Conventions | United Nations https://treaties.un.org/pages/treaties.aspx?id=4&subid=A&lang=en Patrick Stewart sketch: what has the ECHR ever done for us? /watch/Aa6M6YAmftpmM EQUIPMENT USED TO MAKE THIS VIDEO https://kit.co/JamesKerLindsay MAP CONTENT https://www.themaparchive.com DISCLAIMERS - The contents of this video and any views expressed in it were not reviewed in advance nor determined by any outside persons or organisation. - Some of the links above are affiliate links. These pay a small commission if you make a purchase. This helps to support the channel and will be at no additional cost to you. #ECHR #Britain #HumanRights #councilofeurope

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@JamesKerLindsaylast month This is another topic I’ve wanted to cover for quite a while. (Although I am not sure how well it will do. Please give it a like and drop a comment below if you can.) What do you think? Can Britain be trusted to protect its own human rights, as those who support leaving the ECHR claim? And would it really undermine the UK’s ability to press other countries on human rights? And could (or should Britain) reintroduce the death penalty if it ever did leave? As always, I look forward to hearing all your thoughts. ... 46
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@user-ov5nd1fb7slast month Brits, you are free to let yourself out. This convention is voluntary. 105
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@g1y3last month Current talk of Withdrawal from ECHR is more about Tory politics than anything concrete. 85
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@MegaMementoMorilast month We should reform the treaties, to put them more in line with what is needed in this new reality. The world was vastly different in 1950's. 17
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@stony1185last month A similar discussion is ongoing at the moment in switzerland because of a recent ruling against the country by the European Court of Human Rights about Climate change. The question many pose at the moment is how far into the democratic process the court should intervene especially in a country like switzerland with a semi direct democracy. What isyour opinion on the matter Professor?
As Always a very informative Video. ... 21
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@karimmaasri1723last month The Swiss are also talking about leaving the ECHR. One can argue that the ECHR needs reform. 31
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@Leiwandererlast month I know that before Russia left the ECHR, the court helped quite a few Russian opposition activists. I'm sure it's doing the same for the citizens of other hybrid regimes right now. It's quite obvious that these regimes wouldn't recognise the ECHR, if democratic countries like Britain weren't members as well.
I think however, that responses to climate change and asylum applications should not be decided by the ECHR, but in national debates. I can totally understand people valuing their countries' sovereignty in these matters more, than helping a few opposition activists in far-away places like Turkey or Serbia. ... 15
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@thegooglearchipelago8253last month The British public is absolutely sick to the back teeth of their government being incapable of taking any meaningful action 4
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@anirudhparthasarathy3387last month Good evening James,
I feel this is just bravado from a prime minister who is certain to face a wipeout in the upcoming election. As you mentioned, the Northern Ireland issue would come up again if such a step is taken.
That said, I feel on issues like death penalty (which to me breaks the very principle of jurisprudence), often one could make simplistic arguments by which you could easily sway the public in a poll. Going back on this would be going back on one of the greatest progress we have made on the front of human rights in the 20th century. On that note, I feel recently, the current Tory government has not even been respecting their own court - so the foreign court point is irrelevant. Given it was a British court that said Rwanda was unsafe, you just pass a law stating that the country is 'safe' ? (How come that 'law' is not challenged yet?)
I feel with immigrants, it is a lot to do with perception, I would take an example from my country, ask an average person what percentage of French population are of 'foreign background', might give an answer close to 30% but the real numbers are barely 14% - and are highly concentrated in a few cities, and in UK, from what I have seen is fairly similar. The places that are loudest about immigration are the ones with no immigrants. ... 47
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@DavidMFChapmanlast month Isn’t the universal declaration of human rights enough? 6
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@cardinalverigolast month Hi James, this question is not related to the video you posted, but I am trying to get information regarding the terms of the lease agreed by Britain and the Ottomans at the Cyprus convention in1878. I need to know the length of the lease , the terms of the lease and any other derogation this leasehold had.... thanks .. ... 1
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@wendten2last month I generally enjoy JKL's videos, but I think this one could have benefited from a more nuanced explanation. It would be helpful to include statistics on the extent of illegal immigration in the UK and its sustainability. Additionally, many of the European Convention on Human Rights (ECHR) articles seem outdated, designed with a mid-20th century geopolitical context in mind. It's unfortunate that the ECHR and international conventional politics tend to be rigid and ideologically driven rather than rational and adaptable. This inflexibility prevents the UK from addressing the issue of over 85,000 illegal immigrants it receives annually more effectively. ... 19
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@michaelmerrigan3086last month Interesting video, however, emphasising that the EU and the USA would not tolerate any move by the UK to exit the ECHR because it would undermine the framework of the Belfast (Good Friday) Agreements of 1998, without actually mentioning the position of the co-guarantor of the Belfast Agreements, Ireland, is rather strange. These agreements form an international treaty between the UK and Ireland which has been registered at the United Nations. The "Good Friday Agreement" is not a UK domestic matter alone, Ireland, the US and the EU all have a stake in upholding, protecting and furthering the Belfast Agreements of 1998. The Irish government has warned the UK government against any attempt at undermining the Belfast Agreements by exiting the ECHR which is an integral part of the 1998 settlement between the parties in Northern Ireland and between the UK and Ireland. ... 20
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@LegaliseFinlandlast month The slowly rising background music always distracts me somewhat when I notice it. 12
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@jimmyryan5880last month I've looked everywhere for videos on the council of Europe (not the EU council) there isn't any. please do one. 2
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@thedarkknight4243last month Sovereignty, in this case means tyrannical dictatorship, racial segregation & bias and the removal of human rights 6
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@jimjohnston7688last month Very interesting topic, well explained. Is it possible that the Council has grown beyond its original intent? 6
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@adrianwhyatt594last month The UK could adopt, as Canada has done to limit its Canadian Charter of Rights and Freedoms, a notwithstanding clause, renewable every 5 years, to override it. 1
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@kd1405last month Wasnt that the whole point of Brexit since its conception? 10
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@matthewcook9404last month Oh, the old “We need to leave the ECHR” fallacy. And to think that it was Winston Churchill’s idea and legacy to create a unified, cooperative, peaceful Europe with common laws and rules. ( Spoiler : GB is actually a group of countries in Europe ). ... 2
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@timor64last month They might just leave right before the election in a last roll of the Brexit dice. 5
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@BozaCukuranovic3223last month Professor, since you answered one of my comments, and you know the Belgrade-Priština issue very well - would you mind briefly sharing your take on it?
Do you think the May vote is a done deal and do you see Kosovo entering the Council of Europe? Or you think the application might be postponed, or even rejected altogether? There seems to be reluctance on the Italian and potentially even French side. From what I understood, the main sponsor is Germany, and allegedly some other European states are not so keen on letting it fly unconditionally, in order to counter the German influence (some insider information I got, could be totally wrong).
Also, do you think letting Kosovo in would be in accordance with both the spirit and the word of the current rules of the organization? Or is it just realpolitik at this finest, given Russian aggression on Ukraine and Serbia's ambivalent position?
Very much appreciated,
Regards from Belgrade ... 2
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@duybear4023last month I knew this was about Immigration even before I watched the video. 11
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@anotherbackloglast month Sovereignty and human rights are not mutually exclusive. We can have both 1
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@TheKraken5360last month I'm not sure why you chose to include a clip of Patrick Stewart... 1
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@teriparkin2519last month If we change the 1% corrupt elite against the rest of us 99% to the 99% rest of us against the 1% corrupt elite we wouldn't be discussing human rights now or ever again as it would be a given. 1
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@Horace__63last month Strange behaviour by the current government. 1
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@bereal6590last month If the tories say we should do something, you can count on it being the WRONG thing to do!
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@loneprimatelast month Jesus, we might have to kick Britain out of the Commonwealth at this rate. 1
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@dionnepatrick2431last month I think leaving the ECHR Will! affect the NHS. 1
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@joglijogli6898last month I think the real question should be why it seems impossible to get more strict immigration policies? Despite immigration being a hot topic across Europe. 10
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@Jin-Rolast month We could always have a referendum on it, and I guarantee the people will want out. 9
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@LarsPWlast month Britain has already been set to destroy its democracy when they put the right to demonstate entirely under the willfare of its police forces. In Eastern Germany we learnt in 1989 how important this right can be.
But there is a general feeling of going too far with the EHCR, but we have to answer the question if the EHCR is really responsible for this and not rather some very loud activists and media mechanisms. E.g. women today do not only demand equal rights but better rights and free reign against men today. ... 1
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@Mozart69938last month Isn’t leaving fun ?….what else can we leave, FiFa, Olympics, UN, WHO,,…..? 1
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@NexusApollolast month Given the title, many would jokingly say this was the case since the Act of Union in 1707. 21
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@Max199SKlast month Thanks for the video Prof Ker-Lindsay. I think the current debate around the UK leaving the ECHR illustrates not only a large disconnect between the UK and Europe but a large internal division as well. As you stated, Northern Irish peace agreements revolve around the ECHR. Additionally, topics that have spurred the debate within the UK over leaving seem to really only hold weight in England. Capital punishment, if i recall correctly, is still widely unpopular outside of England. Such a decision, while unlikely, would just lead to further internal tensions with Scotland especially. ... 8
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@JupiterThunderlast month Certainly hope so. But the traitor establishment will not leave unless the people rise up. 1
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@davelowinger7056last month Maybe they should do like United States just ignore the laws do whatever they want. They're in the power they know the people with the guns so they can get a way with anything they want they do that in the United States 2
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@subcitizen2012last month So first UK exited the EU. Now they're setting their sights on exiting the world 🙄 1
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@oldgreybeard2507last month Considering how successful Brexit has been its obvious that we need to get rid of the last of these foreign jonnies interfering with our British Empire. Workers rights! Just think of the wonders of Victorian Britain.
Enough said? ... 14
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@hardywatkins7737last month Sovereignty? Why does it matter to me who protects my human rights as long as they are protected. The British government wanting to leave is just an indication that they don't value my human rights. 5
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@bereal6590last month Absolutely NOT!!!!! It would be insane
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@benpalmer7596last month The ECHR is a political body in Europe. It isn't the UN or a global institution. Many countries with strong judicual institutions aren't a part of it, including Japan, Singapore, the USA, etc. All of these nations have their own laws enshrining citizens rights and also have the death penalty. Why can't the UK have its own judgement on what it considers right or wrong? As Professor Lindsay stated, we have a strong history of human rights and the courts has increasingly become politicised in its judgements. Perhaps i dont trust the Conservatives to bring in replacement laws to mitigate the effects of leaving, but I still think with the current crises facing us with extremism by those with other citizenships, as well as record migration, we need to be able to take drastic action to try to remedy the situation. The ECHR was made for a different time. It is no longer fit for the UK. ... 15
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@user-ln3lh2pz8hlast month Before that, England declares UDI from the UK.
Says wants to get contol over its borders and reduce tax. 1
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@paramahansayogananda6719last month Friday is now my favourite day of the week! 1
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@MENSA.lady2last month Should have left years ago. There is nothing to stop the UK introducing it own version of the ECHR but removing all reference to the EU.
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@786Plotinuslast month Liberalism is really the linchpin of effective democracies. It seems as though Liberalism is coming to an end. What replaces it? (Non-Fukuyamaists) 2
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@user-et4hp9sw3nlast month That would mean ... The final Good Friday
Agreement, endorsed by huge majorities across the island of Ireland, foregrounded its promise of rights and respect in the ECHR.Under the 2020 trade and cooperation agreement (TCA), the EU could be immediately terminated if the British government quits the European convention on human rights (EHCR). UK would the join Russia and Belarus as non members of the ECHR, so much then for the UK to lecture say China in human rights? No country would ever send thier citizens to the UK if there was an arrest warrant pending in the UK. ...
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@ryanaustin5844last month can you make a video of Netanyahu's future situation because of the ongoing war??? 7
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@stevekontis8992last month One stupidity tends to lead to the next one. 2
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@belstar1128last month it wont matter anyway the uk has way more immigration than most European countries that are in the echr some non European countries also have very high immigration like canada and the leader of the uk really don't care about this issue .i think the uk is a human right disaster in other ways like rights to privacy and freedom of expression ... 1
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@BDSaccount-dn2wklast month Pls see professor salvatore babones view on whether India is becoming dictatirship or not. You will revise your view presented in a past video I bet.. 1
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@tcb3901last month I think Rishi would call an election and fight it on the issue of leaving the ECHR before he actually went ahead and did it
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@blanchjoe1481last month Der PJKL, Thank you for another well researched and developed piece. To a degree this argument has already been done. If one envisions Europe as a single country, then this is issue and BREXIT are issues of conflict revolving around Federalism, an issue of going all the way back to the Greeks.
If one is an American, this same argument is currently described ad "States Rights", and has been a ongoing consideration in America since the late 1700's, meaning what powers belong to the national government, and what powers belong to the state?
The lager issue here is does the UK wish to be part of a larger confederated body, or not? ...
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@nicholaskelly1958last month Prof Ker-Lindsay I strongly suspect that this is the Conservative Party grasping at what ever straws they can conjure up.
Does the UK really want to join Belarus and Ŕussia.
I used to be proud to be British.
Now I am increasingly disappointed and disgusted by the UK. ... 13
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@user-ow4oj1wk2olast month Because Brexit is such an enormous success? 1
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@luigi7720last month Strasbourg is from alsace and they are not french 1
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@Fyrlsslast month Thank you so much Professor, for this extremely informative video!
I would like to remark that a certain background sound that you have been inserting in your videos to emphasize certain points, is very annoying and distracting to me. I don't know if others are bothered as well but I just wanted to express my discomfort with that.
Finally, I was very glad to see Professor Xavier defending Human rights for both regular humans and mutants alike. He's such an icon! ... 1
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@LawpickingLocksmithlast month Balfour mark, well I got no current number?
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@MrVendorXlast month Now it is clear who is violating human rights.
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@EmmaMaySevenlast month I feel the key issue is this: can Sunak campaign on the Rwanda plan being somehow eventually workable, or will he need to admit that it's dead? It doesn't matter what actually happens after the election (after all, Labour will be in power) but rather whether Sunak will be humiliated and the Conservatives further demoralized before the electorate? It's such a key policy that they will cling to anything which keeps it alive in the eyes of voters.
(On the ECHR itself: there does need to be discussion on what the court is for and how it works. So many countries---not just the United Kingdom, and certainly not just rogue dictatorships---dislike the court and its judgements for various reasons. If so many societies don't agree with the court then there will be an acceptability crisis. It will be worse for human rights if we have the facade of justice but the reality of ignored decisions and general contempt.) ... 2
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@AlexLee-dc2vblast month Based on the title, if only this video had come out 300 years ago lmao 1
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@grahamlouden6096last month The UK is now a third tier, diminished nation despite rhetoric to the contrary. How can it be sensible to seek pariah status and splendid isolation in a world where larger, collaborative alliances are becoming the norm. The success of BRICS, a forceful response to the ruinous, even tyrannical hegemony of the USA over the past sixty years, exemplifies this. Due to the accursed Brexit, the UK is now beholden to a dystopian, floundering USA and we are obviously sharing in its unpopularity. Do we wish to be known as a state that shows contempt for international law and human rights legislation that we helped to devise many decades ago? Sadly, it seems that we do. ...
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@jugaduglast month king henry the 8th ghost will forever rule british politics whether they are aware of it or not 1
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@youknow6968last month Human rights are foundational for a humane future of the human race.
They can only be strengthened through collective efforts, not every country defining them in their own ways. 3
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@gloin10last month Leave the European Convention on Human Rights(ECHR)?
What’s next for the UK, the ‘Johnny No-Mates’ of Europe?
Exiting the UN?
Departing the International Postal Union?
This process will, logically, result in the Dis-United Kingdom, becoming a weird European version of North Korea, but with fewer friends.., ... 1
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@UKProudlast month RULE BRITTANIA! LEAVE THE ECHR ; VOTE REFORM!!
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@joeyjojojrshabadoo7462last month What's the point of the United Kingdom being in the European Convention on Human Rights if the United Kingdom is no longer in European Union? It's just a bad deal at this point.
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@harukrentz435last month Rishi Sunak, the choco vanilla ice cream, brown outside white inside.
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@renatoe9648last month They didnt kick out Azerbaijan for atacking Armenia or Turkey for invading Syria or Cyprus, like they did with Russia? 4
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@joshuagrahm3607last month - thought we were about to get a countries of the world cover
I mean, the UK outlawed public protest a few years ago, so this is par for the course ... 3
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@alicelander9058last month Sooner the better, maybe then we can have an actual brexit instead of a brexit in name only
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@SafeBandicootlast month Regardless of Conservative Party politics, the UK has some legitimate grievances when it comes to being scuppered from enforcing immigration law & combatting blatant abuse of the system.
Basic & long accepted laws that are not in any way controversial.
Personally I think the biggest threat to the ECHR is the ECHR itself and its activist judgements. ... 3
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@mariatada3228last month Each owned country even together or united have each owned rights to control to thier owned nation for the benefits of the people's especially the descendants from thier ancestors to continues to celebrate thier very owned culture traditions that comes from thier ancestors. Those who comes and living ligally go back to celebrate your ancestors culture and traditions during celebrations. ...
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@siphomogale779last month People of Britain must vote to stay or to leave then leaders can take it from there 1
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@tormundgaint1022last month They can leave planet Earth if they want..
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@jackfrommlast month The PM’s concerns about sovereignty are valid, hopefully this human rights group will let him have his way without interfering 2
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@natsdaley9615last month Cause Brexit is going so damn well ….. Laughable
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@vinniechanlast month They are not leaving the ECHR
There is a very simple solution to the Rwanda plan
Just copy whatever Denmark is doing 3
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@Halil.Ayhan1last month Thank you for the information, James.
I would like to ask a question about my own country (Turkey).
Turkey has received over 10 million (unofficial ) refugees since the civil wars in Afghanistan, Iraq and Syria started. Most of them came to Turkey to cross to European countries. And these refugees are not allowed to cross to the EU, so their numbers are increasing day by day.
Far Right Nationalist Party (ZP) : It claims that the government has signed dirty deals with Europe and is forcibly keeping migrants who want to transit in Turkey.
The far-right party claims that Turkey has the highest number of refugees in the world and that Turkey has no such obligation under international law.
The Nationalist Party claims: Turkey is obliged under international law to allow these asylum seekers to pass to the countries they want to go to and to deport them to their home countries.
Dear James, is what the far-right party says in line with international law?
Can the government really send asylum seekers to the country of their choice or deport them to their own country?
Can Turkey be sanctioned if the far right comes into coalition and does what they say? ... 1
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@DavidHoinslast month It's the last thing a nationalist driven little island Will do 1
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@Anverse-14last month They already did that appeasing Israel
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@nikkivieler3761last month Very good work!!! Another reason for me to stay in the E.U... Thank you so much!!! 2
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@peterkops6431last month The big rights issue is really the mismatch between traditional UK values and Islam. Oil and water. In this case I wonder which side will eventually lose its human rights? I have my suspicions that the balance of power is inexorably tipping one way in particular. Time will tell. ... 1
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@agentoffortune3615last month Hello Professor, personally think this could be a ploy by Sunak for election points with the Tory right, as a Labour government seems to be unlikely to go ahead and leave the council. However, it seems anything is possible with British politics these days! ... 1
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@retroanimemikelast month As long as such extreme disparities in wealth exist, people will be moving to the richer parts, regardless of laws. The Rwanda Scheme does nothing to address the problem at its source. 1
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@redjacc7581last month this legislation was originally introduced as a way to protect civilians in and around conflct/war zones so they are targeted, killed, raped or mistreated. But as usual the legislation has been bent and warped out of shape by lawyers and weak judges have allowed it to be used in everyday life. That was NOT it's intention. Each country has it's own laws to protect civilians. ... 13