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The Equality and Human Rights Commission has advised a parliamentary committee that a continued blanket ban on voting rights for prisoners could result in damages being awarded to prisoners.

In its legal analysis of the different options to the Joint Committee on the Draft Voting Eligibility (Prisoners) Bill, the Commission says that unless the British Government changes the law, there are strong legal grounds for believing the European Court of Human Rights (ECtHR) will start to award compensation when it next considers the matter.

The right to vote is considered a human right under the European Convention (1) and the ECtHR has ruled that universal suffrage is a ‘basic principle’ of European democracy. Voting is a right not a privilege and restrictions, though permitted, have to be properly justified and proportionate.

The Commission has advised that the Hirst and Greens and MT v the United Kingdom judgements of the ECtHR should be implemented immediately (2). These found that the UK was acting unlawfully in denying all prisoners’ voting rights.

Whilst those with existing claims will be immediately in line for pay outs, British jails now hold more than 80,000. It would be likely that other prisoners would lodge claims once they know compensation is available. There are already 2,500 applications waiting to be heard at the ECtHR (3). Final awards from the Court are binding in international law and the UK has always complied with such decisions.

In its legal analysis to the Committee, the Commission said it was clear that a blanket disqualification of all serving prisoners from voting would constitute a violation even if continued following extensive Parliamentary debate. However, the government has wide discretion in terms of regulating any ban. Disqualifying all prisoners sentenced to more than six months, for example, could be an option that would avoid compensation claims.

It also noted that there has been a steady move across Europe to removing restrictions on prisoner voting with 40 per cent of countries now having full enfranchisement of prisoners.

Equality and Human Rights, CEO Mark Hammond said:

“It is for Parliament to decide how it wants to respond to the European Court of Human Rights’ judgements.  Our legal analysis tries to help this by setting out the issues and risks involved by continuing a complete ban.

“Parliament is responsible for deciding which of the possible Convention compliant approaches is introduced. Our concern is that the judgement of the Court should be implemented as soon as possible.”

For more press information contact the Commission’s media office on 0161 8298102, out of hours 07767 272 818.

Notes to Editors

(1) Article 3 of protocol 1 the right to free elections http://www.echr.coe.int/Documents/FS_Free_elections_ENG.pdf
(2) http://www.echr.coe.int/Documents/CP_United_Kingdom_ENG.pdf
Prisoners’ voting rights Greens and MT v the UK (nos 60041/08 and 60054/08)

(3) The consideration of these pending cases against the UK has now been further adjourned until, at the latest, 30 September 2013.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. It encourages compliance with the Human Rights Act and is recognised by the UN as an ‘A status’ National Human Rights Institute.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.