Source · Select Committees · Human Rights (Joint Committee)

Recommendation 11

11 Paragraph: 47

The Courts in the UK are not, and should not, be constrained in their ability...

Conclusion
The Courts in the UK are not, and should not, be constrained in their ability to rely on relevant or useful sources for interpreting human rights obligations, including international sources. To the extent that the options proposed by the Government seem to be encouraging or enabling the courts to look at such sources, they would seem to be unnecessary. To the extent that they seem to be unduly prescriptive in setting out the methodological approaches to be applied by the judiciary, they risk interfering unnecessarily with the judicial function and should be avoided.
Paragraph Reference: 47
Government Response

A response document is linked to this report, dated 14 July 2022. Response attribution to this conclusion has not been verified. Read the response document ↗