Is Your Right to Protest Under Threat? Concerns Over UK Laws Spark European Review

Europe’s human rights watchdog has expressed serious concerns regarding the policing of protests in the UK, especially following recent arrests related to the ban on Palestine Action. In a formal letter to Home Secretary Shabana Mahmood, Michael O’Flaherty, the Council of Europe’s human rights commissioner, claimed that recent law changes have enabled authorities to impose excessive restrictions on freedom of assembly.

Mahmood confirmed that the right to protest is a fundamental freedom, but noted the need to balance this with the public’s right to live without fear. O’Flaherty’s concerns also extend to the climate for trans people in the UK, highlighting the need for greater scrutiny of human rights practices within the country.

The commissioner underscored the problematic nature of two laws enacted by the previous government—the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023—which were aimed to counteract disruptive tactics used by environmental protest groups. He warned that these laws may lead to over-policing against peaceful assemblies and urged for a comprehensive review to determine compliance with the European Convention on Human Rights.

Among the issues raised, O’Flaherty expressed concern over the Labour’s Crime and Policing Bill, which could impose bans on face coverings during protests unless clear evidence of violence is present, and restrict gatherings near places of worship, a term he criticized for being undefined and potentially obstructing protest organization.

Despite these warnings, Mahmood defended the government’s position, emphasizing that large protests have left many communities feeling unsafe and intimidated. Meanwhile, the Conservative Party plans to exit the European Convention if they win the next general election, articulating a desire for more national autonomy in deciding protest regulations.

O’Flaherty also addressed concerns regarding trans rights, specifically voicing caution against legal uncertainties after a recent Supreme Court ruling that defined gender in a way that could threaten the rights of transgender individuals. He pushed for clear guidance on inclusion practices for trans people to prevent them from falling into an unacceptable legal ‘limbo.’

The UK government has responded by reiterating its commitment to existing laws protecting trans rights while maintaining its stance against self-identification for legal gender changes. As the debate around these laws continues, questions loom over the implications for fundamental rights and freedoms in the UK.