Hirst v United Kingdom (No 2) App no 74025/01 (ECHR, 6 Octob...

Facts

• Mr. John Hirst, serving a discretionary life sentence for manslaughter, challenged the legality of a blanket ban on prisoner voting in the United Kingdom.
• His legal team argued that Section 3 of the Representation of the People Act 1983, which disenfranchised all prisoners regardless of the nature or severity of their offence, violated Article 3 of Protocol 1 of the European Convention on Human Rights.
• The United Kingdom government defended the ban, asserting that it reflected a legitimate aim and that states should be granted a wide margin of appreciation in matters related to electoral laws.
• The case highlighted a broader debate over the balance between national sovereignty and compliance with international human rights standards, particularly in the context of the right to vote for prisoners.
• Despite the judgment, the UK did not fully amend the relevant legislation, leading to ongoing legal and political tensions regarding the issue.

Issues

1. Whether a blanket ban on voting for all convicted prisoners imposed by Section 3 of the Representation of the People Act 1983 constituted a violation of Article 3 Protocol 1 of the ECHR.
2. To what extent member states have a margin of appreciation in restricting voting rights and whether such measures must be proportionate to a legitimate aim.
3. Whether the UK legislature sufficiently assessed the proportionality and justification of the general ban on prisoner voting.

Decision

• The European Court of Human Rights, by a majority of twelve to five, found that the UK's blanket ban on prisoner voting was a violation of Article 3 Protocol 1 of the ECHR.
• The Court acknowledged the margin of appreciation afforded to states regarding elections but held that it is not unlimited, particularly where fundamental rights are concerned.
• It noted the absence of evidence that the UK legislature had adequately assessed the proportionality of the ban in light of contemporary penal policy and human rights norms.
• The Court characterised the blanket ban as a general, automatic, and indiscriminate restriction on the right to vote, which was not justified by a legitimate aim.
• Despite the ruling, the UK made only selective administrative amendments, leaving the majority of prisoners disenfranchised.

Legal Principles

• Article 3 of Protocol 1 of the ECHR guarantees the right to free elections and participation in democratic processes.
• Restrictions on fundamental rights such as voting must be proportionate and serve a legitimate aim; states are afforded a margin of appreciation, but this is not absolute.
• The Human Rights Act 1998 enables UK courts to issue declarations of incompatibility where domestic law conflicts with Convention rights but does not compel legislative amendment.
• Parliamentary sovereignty in the UK, and the political nature of declarations of incompatibility, can hinder full implementation of ECHR judgments.
• Subsequent cases, such as Moohan v Lord Advocate [2014] UKSC 67 and R (Chester) v Secretary of State for Justice [2012] UKSC 63, demonstrated the continuing tension between domestic interpretation and Strasbourg jurisprudence on prisoner voting.

Conclusion

Hirst v United Kingdom (No 2) established that a blanket ban on prisoner voting in the UK violated Article 3 Protocol 1 of the ECHR. The case highlighted the limits of the margin of appreciation in restricting fundamental rights, exposed challenges in reconciling parliamentary sovereignty with international human rights obligations, and initiated ongoing debate as to the practical effect and enforcement of Strasbourg judgments in UK law.