§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by Lord Bassam of Brighton on 11 October (WA 37), whether they consider the text of Article 26 of the United Nations Covenant on Civil and Political Rights to have the defects they discern in the text of Protocol 12 to the European Convention on Human Rights. [HL4179]
§ Lord Bassam of BrightonOur difficulties in accepting Protocol 12 are not related to Article 26 of the Covenant. A number of other states, including France, Germany, Spain and Sweden, did not vote for adoption of this text.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Lord Bassam of Brighton on 11 October (WA 37), what is the significance of the fact that Protocol 12 to the European Convention on Human Rights does not make clear whether "rights set forth by law" include international as well as national law. [HL4180]
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§ Lord Bassam of BrightonThe Government's concern is that the European Court of Human Rights might hold that a right set out in an international agreement, but not incorporated into United Kingdom law is covered by Protocol 12.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by Lord Bassam of Brighton on 11 October (WA 37), whether they consider that the text of the Preamble to Protocol 12 to the European Convention on Human Rights, "Reaffirming that the principle of non-discrimination does not prevent States Parties from taking measures in order to promote full and effective equality, provided that there is an objective and reasonable justification for those measures", is intended to enable Contracting States to take positive measures; and, if not, what is their understanding of the meaning of the Preamble. [HL4181]
§ Lord Bassam of BrightonThe Preamble does not have the same force as a substantive provision in the Protocol itself.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Lord Bassam of Brighton on 11 October (WA 37), in what respects they consider that the text of Protocol 12 does not follow the case law of the European Convention on Human Rights in allowing objective and reasonably justified distinctions. [HL4182]
§ Lord Bassam of BrightonProtocol 12 states that the enjoyment of any right set forth by law shall be secured without discrimination on the ground of any status; it does not provide any exception.