"Human Rights," Jun 2016

Current state…

• Human rights in the UK are currently protected by three main regimes…:
  1. the common law;
  2. the Human Rights Act (HRA)…
  3.…human rights protections derived from…EU Charter of Fundamental Rights (CFR).
• These regimes give businesses the power to challenge regulatory action on either procedural grounds…or due to substantive violations…
• …Brexit is likely to mean that the EU-based human rights protections, including the CFR, would cease to apply in the UK…

…[W]e believe a Brexit may affect your human rights in two ways…

The core ‘political’ rights…are protected by…instruments that currently apply to the UK. However, the CFR in particular includes many wider social and economic rights…These are not found…in other instruments.

…[I]n a field currently regulated by the EU, it is in principle open to you to challenge an Act of Parliament if it is incompatible with EU fundamental rights. Brexit would remove this avenue…