Is the proposed Brexit agreement contrary to the Human Rights Act?
May's Brexit Deal as it is currently tabled, sees EU laws continue to apply in the UK, enforced by the Commission and Adjudicated by the ECJ. However under Article 7 the UK is excluded from
the nomination, appointment or election of members of the institutions, bodies, offices and agencies of the Union, as well as the participation in the decision-making and the attendance in the meetings of the institutions
Theresa May envisages the transition period continuing up to 2022, but it could go on for any length of time. Moreover, the EU would have right of veto over the UK's exit from the Northern Ireland protocol.
Immediately there would appear to be problems with the UK's Human Rights Act 1998:
No discrimination: everyone’s rights are equal.
Yet clearly, an EU citizen living in the UK will enjoy superior rights of determination in respect of having democratic rights to determine the UK laws which govern them while UK subjects would not.
Then we have the right:
The right to free elections: elections must be free and fair.
Again, if we take as given what goes to election and who may participate, this is not threatened. But if we take as a premise that fairness as aright extends to the right to participate in elections, surely the deal is starting to look illegal, is it not?
Is a right to democratic determination of ones own laws a human right per se? And if not, is it lawful to reduce the democratic rights of some subset of the polulation in favour of others?