News and Politics | November 09, 2008 | 32 comments

Ban on votes for prisoners is illegal, says EU

source: http://www.guardian.co.uk/politics/2008/nov/09/prisoner-voting-human-rights-eu

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The government must give prisoners the right to vote or the next general election will be illegal under European law, ministers have been warned by parliament's influential Joint Committee on Human Rights.

The committee's conclusion threatens a constitutional crisis for Labour, which has tried to bury the issue ever since the European Court of Human Rights ruled in 2005 that inmates should have the vote. The committee, comprising six MPs and six peers, has written to the Ministry of Justice saying the government must urgently change the law so that the majority of Britain's 84,000 prisoners are given the right before the country next goes to the polls.

'A legislative solution can and should be introduced during the next parliamentary session,' it states. 'If the government fails to meet this timetable, there is a significant risk that the next general election will take place in a way that fails to comply with the convention and at least part of the prison population will be unlawfully disenfranchised.'

In addition to convicted prisoners, those banned from voting include members of the Lords, anyone found guilty of election corruption within the past five years and people with learning disabilities or a mental illness deemed incapable of making a reasoned judgment.

Being hauled before the European Court of Human Rights for failing to comply with the convention is an unpalatable prospect for the government. But introducing a law allowing jailed offenders to vote is likely to spark a furious row that the government's opponents could exploit to their political advantage.

'The idea that our entire democratic process could be overturned in this way is ludicrous,' said shadow justice secretary Nick Herbert. 'Claiming sweeping new entitlements for prisoners is a classic example of over-reaching human rights laws which have lost sight of the importance of balancing responsibilities. Parliament should make these decisions, not European judges.'

The government originally said it would consider the issue of prisoners' voting rights in a two-stage consultation that was supposed to have been completed in January 2008. Ministers said a new law would follow after May 2008.

But a joint committee member attacked the Justice Ministry for dithering on the issue. 'The government cannot pick and choose which human rights treaty obligations it fulfils for party political reasons or just because it feels an issue is not populist enough,' said Evan Harris, a Liberal Democrat MP. 'Gordon Brown is going soft on human rights. There is every chance that this country may be in breach of international law if the government doesn't have the courage to act before the next general election.'

The Prison Reform Trust, which campaigns on behalf of prisoners, has written to the Justice Secretary, Jack Straw, asking why the government was delaying the legislation. 'This mean-minded, foot-dragging approach... calls into question the government's commitment to social inclusion, citizenship and human rights,' said Juliet Lyon, the trust's director.
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32 comments // Ban on votes for prisoners is illegal, says EU

  • jonny2times
    • 0
      jonny2times  

    • first, an american election is not subject to english law.

      second, odds are if you are in prison, you have probably committed a felony, and convicted felons cannot vote.

      third, which english dick injected his opinion? remember the colonies? they jumped ship for a reason, taxes and... evidentally this too.

    • 4 years ago
  • jonny2times
    • 0
      jonny2times  
    • jonny2times:

      and an after thought... if you're dumb enough to get caught whatever you are doing, or if you are doing something you know you cant get away with, you do not deserve to vote for reasons of cognative ability for leaving evidence and/or voluntary taking the path of a criminal lifestyle that effects society in illegal ways so you cant be involved in the legal side for risk of a social paradox.

    • 4 years ago
  • richjm
    • 0
      richjm  

    • It's interesting to note the following line in that article:

      "The European ruling stipulates only that a blanket ban on prisoner voting is unlawful, suggesting that certain segments of the prison population - such as murderers Ian Huntley and Rosemary West - will still not be entitled to vote."

      That'll appease a lot of people but let's face it, certain newspapers are still going to jump all over this story as if the apocalypse is coming.

    • 4 years ago
  • uppityprogressive
    • 0
      uppityprogressive  

    • Everyone should have the right to vote. The US has privatized the prisons, elected judges have their campaigns supported by the same corporate powers that politicians do. The US jails far too many people, could it be...for profit?...for eliminating votes?...Most people in jail are poor and black, might they vote Democratic?? Maybe if they did, there would be more opportunity for their children and at least that generation would not rot in jail.

      People too often go to prison under false accusations, or because they had no access to make a decent living and turned to selling drugs.

      Besides, do we think we are offering political choices so pathological that we can't afford to have everyone vote?

      Who else should not be able to vote? Women? Immigrants? Conservatives??

    • 4 years ago
  • rainbowryan420
    • 0
      rainbowryan420  

    • citizens of Puerto Rico can only vote in the primaries

      why don't we let them vote in Puerto Ricans vote in the election and let prisoners vote in the primaries

      or some kind of negotiation where they have a voice but its be muffled or something

    • 4 years ago
  • dreaddaze
  • keviar
    • 0
      keviar  

    • There is no reason why prisoners should vote. This is a serious misallocation of resources and politicians. They should worry about something else besides the rights of prisoners when they don't care about the rights of others.

    • 4 years ago
  • anglcazn
    • 0
      anglcazn  

    • Giving prisoners the right to vote is a very touchy subject. But i'm leaning towards the idea that they should be allowed to vote. They are still citizens. You can only strip them of their right to vote only if they were citizens. But then again, are you going to be like Industrial England and just deport all criminals to a remote island?

    • 4 years ago
  • Liberal_Extinction
    • 0
      Liberal_Extinction  

    • Stupid mother fuckers, why in the hell should ANYONE convicted and in prison be allowed to vote? They have already demonstrated their inability to be an integral part of society so fuck their right to vote.

    • 4 years ago
  • cantucwearebrothers
    • 0
      cantucwearebrothers  

    • If you break the law..
      (and get caught)

      (right, cause it's only illegal if you get caught!) lol!!

      ..you are giving up your rights. You knew what the consequences would be.

      Those that are falsely imprisoned is a whole other issue.

    • 4 years ago
  • arcticspirit
    • 0
      arcticspirit  

    • I couldn't have said this better:

      Barbara3d said
      "I think if you have committed a crime against humanity, then NO. Really, while in jail, I don't think you should have that right. When you get out, serve your time, ok, you restore the right to vote. Voting is a privilege and a right but if you don't obey the laws of the country, I don't think you should vote."

      Except that I believe that the right to vote should not be restored after committing crimes against humanity.

    • 4 years ago
  • barbara3d
    • 0
      barbara3d  

    • I think if you have commited a crime against humanity, then NO. Really, while in jail, I dont think you should have that right. When you get out, serve your time, ok, you restore the right to vote. Voting is a privilege and a right but if you dont obey the laws of the country, I dont think you should vote.

    • 4 years ago
  • rainbowryan420
  • Nealeigh
  • joshuaheller
  • dirtyemowords
    • 0
      dirtyemowords  

    • I think a lot of prisoners, were they not in prison, wouldn't vote anyway, so offering the chance to vote may change elections, since more would vote from inside just for something to do.

    • 4 years ago
  • gnossos
    • 0
      gnossos  

    • I think everyone should be allowed to vote. A crime a person commits is irrelevant, if they're part of this country they should have their say just like the rest of us.

    • 4 years ago
  • silpol
    • 0
      silpol  
    • gnossos:

      criminals in control of country? r u sure? also how you are going to give them right for FREE vote if they are not free by definition, even down to pragmatical issues of vote organization?

    • 4 years ago
  • a_mo
  • silpol
  • a_mo
  • wendycolbert
  • silpol
  • Brandbla8
  • HolyCity2012
  • synclaire
    • 0
      synclaire  
    • Brandbla8:

      I don't think it's a stupid opinion. Why should convicted rapists, murders, molesters and other violent criminals get to enjoy the same freedoms as those who do not break any laws?

    • 4 years ago
  • HolyCity2012
    • 0
      HolyCity2012  
    • Brandbla8:

      If you have to ask "why" then you are probably incapable of understanding why everyone deserve the chance to elect a representative.

      And let's not even get started with all the innocent people who are unjustly incarcerated.

    • 4 years ago
  • synclaire
    • 0
      synclaire  
    • Brandbla8:

      LOL at Holycity. Just because someone doesn't share the exact same opinion as you does not mean you have the right to question their capability of understanding complex issues. How about instead of insulting people, you give a reasonable argument as to WHY violent (and i think that is the key word there) prisoners should have the right to vote? Until then, I'm going to question things and ask why things are the way the are or why the should be changed.

    • 4 years ago
  • synclaire
  • MiguelSanchez
    • 0
      MiguelSanchez  

    • I don't se why prisoners shouldn't be allowed to vote.

      I know lots of (stupid) people I don't think deserve to vote, but they can, simply because they aren't in jail.

      Why should they get more rights than prisoners?

    • 4 years ago
  • jonny2times
  • synclaire
    • 0
      synclaire  

    • The European ruling stipulates only that a blanket ban on prisoner voting is unlawful, suggesting that certain segments of the prison population - such as murderers Ian Huntley and Rosemary West - will still not be entitled to vote. Legal experts believe the government may seek to limit the prisoners who can vote to those who have been rehabilitated and are considered 'good citizens'. But the judgment, made in response to a case brought before the European Court of Human Rights by a British prisoner called John Hirst, suggests imposing this qualification may be difficult.

      Following the Hirst ruling, several states passed laws giving prisoners the right to vote. In 2006 Ireland passed legislation allowing all prisoners to vote by post in the constituency where they would live if they were not in prison.

      A spokeswoman for the Ministry of Justice said: 'Prisoner voting rights is a sensitive and complex issue, and we need to look very carefully at what the right approach to prisoner enfranchisement in the UK is and at how it would be implemented.'

    • 4 years ago
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