Recommendation 48

The Government seeks to reorder Convention rights by elevating one above the others. This undermines the philosophy of the Convention which is premised on the fact that all rights contained therein are fundamental (albeit some are absolute, some limited, others qualified). Giving undue priority to freedom of expression in primary legislation could undermine the ability of individuals to enforce their rights to privacy, a fair trial and freedom of assembly and upset the balancing exercise the courts currently undertake when competing rights are engaged.