European Convention on Human Rights: Protocol 12

Lord Cashman Excerpts

Monday 2nd June 2025 Lords Chamber

Asked by

[Lord Cashman]

To ask His Majesty’s Government what plans they have to sign and ratify Protocol 12 to the European Convention on Human Rights to promote the equality of all persons in the United Kingdom through a general prohibition of discrimination.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)]

My Lords, the Government currently have no plans to ratify Protocol 12 of the European Convention on Human Rights. Protocol 12 is a very broadly drafted, free-standing right that creates unpredictability in how it will be given effect by the court, and it is not clear that ratifying it would increase protection from discrimination in the UK. The Equality Act 2010 provides a robust and clear framework within domestic law for combating discrimination.

[Lord Cashman (Non-Afl)]

My Lords, that is a disappointing response. I am not surprised by it, sadly, but I will persevere and try to convince the Government otherwise, along with my friend, the noble Lord, Lord Lexden, who cannot be in his place today, and Professor Paul Johnson of the University of Leeds. I wish to ask a question of the Minister in the wider context. Given the attacks on fundamental human rights that we are witnessing in the United States of America, Gaza, Ukraine, parts of Europe and elsewhere, is now not the time for the United Kingdom to join the 37 other European states of the Council of Europe and reaffirm these international principles, which underpin and in fact define every civilised society?

[Lord Ponsonby of Shulbrede (Lab)]

The way that I will answer my noble friend is by saying that we continue to keep the case law of the European Court of Human Rights in respect of Protocol 12 under review, but we remain unconvinced of the benefits of ratification. The United Kingdom is not an outlier in this regard. The protocol was open for signature nearly 25 years ago, yet fewer than half the member states of the Council of Europe have ratified it. Nevertheless, I take the noble Lord’s opening point that we need to keep these matters under review. There are indeed widespread attacks on democracy and our way of life across the world, and that reinforces the Government’s view about keeping these matters under review.