O'Cinneide, C; (2018) Brexit and Human Rights. In: Fitzgerald, O and Lein, E, (eds.) Complexity's Embrace: The International Law Implications of Brexit. (pp. 297-308). CIGI Press: Waterloo, ON, Canada.

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Abstract

Many commentators have expressed concern that the process of Brexit could have a negative impact on human rights protection in the UK. In contrast, others have argued that leaving the European Union (EU) offers an opportunity for the United Kingdom to develop better standards of rights protection than currently exist in UK or EU law, or at least standards which better reflect popular views in Britain about what qualifies as a human right. To assess the merit of these competing claims, it is necessary to consider whether Brexit creates a real risk that existing human rights standards may be eroded. In answering that question, it is clear that Brexit creates a risk that important EU legal standards that help to protect rights in areas such as personal privacy, workers’ rights and non-discrimination will be diluted, amended or even repealed over time. Furthermore, migrants and other vulnerable groups are most at risk from any such erosion of existing standards. This risk may never materialize. However, care needs to be taken that Brexit will not lead to a diluted respect for human rights. Human rights activists, and indeed anyone concerned with the protection of civil liberties and fundamental rights within UK law and policy, will need to be vigilant in the post-Brexit era

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