Kara Sears
The European Convention on Human Rights (ECHR) is an international treaty between the states of the Council of Europe, protecting the rights of everyone within its 46 member states. The UK was the first country to ratify the ECHR in 1951, but despite this, for many years, UK citizens faced significant challenges in asserting their Convention rights in a UK court of law. In 1998, the Human Rights Act (HRA) was passed, bringing the ECHR into British law and enabling UK citizens to rely on the ECHR in national courts. The HRA has been the subject of recent controversy, with the Conservative Party pledging to update the Act in their 2019 manifesto.
| Characteristics | Values |
|---|---|
| The ECHR is incorporated into UK law via | The Human Rights Act 1998 |
| The Human Rights Act was designed to | "Bring rights home" |
| The Human Rights Act | Allows the rights guaranteed by the ECHR to be enforced in UK courts |
| Increases access to justice in the UK | |
| Requires domestic courts to take into account relevant jurisprudence of the European Court of Human Rights | |
| Alters the way in which domestic courts engage with other legislation | |
| Obliges domestic courts to interpret and give effect to UK legislation in a way that is compatible with the Convention rights | |
| Requires all public bodies (like courts, police, local authorities, hospitals and publicly funded schools) and other bodies carrying out public functions to respect and protect human rights | |
| The UK was the first country to | Ratify the ECHR in 1951 |
| The ECHR is | An international human rights treaty that protects the rights of everyone within the 46 states that belong to the Council of Europe |
| Divided into 14 articles, each representing a basic human right or freedom |
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What You'll Learn
The Human Rights Act 1998
The HRA sets out the fundamental rights and freedoms that everyone in the UK is entitled to in a series of 'Articles', each dealing with a different right. These are commonly known as 'the Convention Rights'. The HRA contains most, but not all, of the rights from the ECHR, taken word for word. Articles 1 and 13 of the ECHR, for example, do not feature in the HRA because the UK has already fulfilled these rights. Article 1 states that states must secure the rights of the Convention in their own jurisdiction, which the HRA does for the UK. Article 13 ensures that if people's rights are violated, they are able to access effective remedies.
The HRA also alters the way in which domestic courts engage with other legislation. It obliges domestic courts to interpret and give effect to UK legislation in a way that is compatible with the Convention rights, so far as this is possible. It requires all public bodies, such as courts, police, local authorities, hospitals, and publicly funded schools, to respect and protect human rights. In practice, this means that Parliament will almost always ensure that new laws are compatible with the rights set out in the ECHR.
The UK has a strong record of compliance with the ECHR, and the number of judgments made against the UK is low. The UK was the first country to ratify the ECHR in 1951, and it came into force in 1953. However, despite the UK's early energetic work to create uniform European human rights standards, people in the UK faced significant hurdles if they wished to assert their Convention rights before a court of law. In the mid-1990s, there was increasing political pressure on the UK Government to strengthen the country's human rights protections, which eventually led to the incorporation of the ECHR into UK law via the HRA.
The current UK government intends to remain a party to the ECHR but wishes to replace the HRA with a "Bill of Rights". This proposal has been criticised for prioritising domestic law over the UK's international obligations, seeking to strengthen executive power and reduce accountability, and disregarding the universal nature of human rights.
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UK courts and the ECHR
The European Convention on Human Rights (ECHR) is an international human rights treaty that protects the rights of everyone within the 46 states that belong to the Council of Europe. The United Kingdom was one of the states that drafted the ECHR and was one of the first states to ratify it in 1951.
The ECHR was incorporated into UK law via the Human Rights Act 1998 (HRA). The HRA was designed to "bring rights home" and enable people in the UK to rely on the ECHR in national courts. It allows the rights guaranteed by the ECHR to be enforced in UK courts, increasing access to justice in the country. The HRA has two parts: the second part contains most (but not all) of the rights from the ECHR, taken word for word. The HRA also alters the way in which domestic courts engage with other legislation. It obliges domestic courts to interpret and give effect to UK legislation in a way that is compatible with the Convention rights, so far as this is possible.
The Human Rights Act allows UK citizens to bring a legal challenge relying on their rights under the ECHR in UK courts. Before the HRA, the only way to do this was to go to the European Court of Human Rights, which was a lengthy and expensive process. The HRA brings the ECHR into British law, meaning that judicial decisions on human rights cases can be reached within the domestic legal system.
The UK has a strong record for compliance with the ECHR, and the number of judgments made against the UK is low. However, there has been some political pressure in the UK to "update" or replace the Human Rights Act, with a desire to prioritise domestic law and traditions over international obligations. Despite this, the government intends for the UK to remain a party to the ECHR.
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The UK's role in drafting the ECHR
The UK played a significant role in drafting the ECHR. The Council of Europe, which was formed in 1949, was responsible for drafting the ECHR. The UK was one of the founding members of the Council of Europe, and British MP and lawyer Sir David Maxwell-Fyfe led the drafting process. Over 100 members of parliament from across Europe, including the UK, assembled to draft the charter. The ECHR was directly inspired by the Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly in 1948.
The UK was also one of the first countries to ratify the ECHR in 1951, and it came into force in 1953. The ECHR is a supranational international treaty designed to protect human rights and political freedoms throughout Europe. It is divided into 14 articles, each representing a basic human right or freedom, such as the right to life, liberty, and security, the right to a fair trial, and the freedom of expression. The UK's membership in the Council of Europe will remain unaffected if it exits the EU.
The ECHR has had a profound impact on UK law, shaping key legislation and guiding case outcomes. The Human Rights Act 1998 incorporated the ECHR into UK law, allowing UK citizens to rely directly on the ECHR in domestic courts. The UK Supreme Court plays a crucial role in applying the ECHR and interpreting the Human Rights Act, with its decisions guiding lower courts on how to interpret and apply the Convention's principles.
The UK has a strong record of compliance with the ECHR, and the number of judgments made against the country is low. The UK's relationship with the ECHR is important, as it has influenced the development of human rights law and guided the course of human rights protection in the country.
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The UK's compliance with the ECHR
The UK has historically had a strong record of compliance with the ECHR, with a low number of judgments made against the country. The European Convention on Human Rights (ECHR) is an international human rights treaty that safeguards the rights of citizens within the 46 states that are members of the Council of Europe. The UK was instrumental in drafting the ECHR and was the first country to ratify it in 1951.
The Human Rights Act (HRA) of 1998 incorporates the rights outlined in the ECHR into UK law, allowing UK citizens to enforce their ECHR rights in domestic courts. This Act was designed to "bring rights home" and increase access to justice by eliminating the need to bring cases to the European Court of Human Rights in Strasbourg, a costly and time-consuming process. The HRA obliges domestic courts to interpret and implement UK legislation in a manner compatible with the ECHR, strengthening the UK's compliance with the Convention.
The ECHR's influence on UK law is also evident in the country's jurisprudence. The Convention, as a "living instrument," has shaped the legal decisions and practices of the UK government. The UK's compliance with the ECHR is further ensured by the legal obligation on member states to stop and prevent violations. If a violation occurs, the affected individual may be entitled to compensation or "just satisfaction."
Despite the UK's overall positive record, there have been instances where the country's relationship with the ECHR has been strained. Some political parties have expressed dissatisfaction with the Human Rights Act and proposed replacing it with a "Bill of Rights," prioritizing domestic law over international obligations. However, an independent review of the Act in 2021 recommended maintaining the status quo, suggesting that the current human rights regime in the UK is largely effective.
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The UK's uneasy relationship with the ECHR
The UK has historically had a strong relationship with the ECHR, playing a key role in establishing it and being the first country to ratify it in 1951. However, in recent years, there has been increasing talk of the UK leaving the ECHR, with some Conservative and Reform voices advocating for this option. This is due to the perception that the ECHR is placing constraints on the UK's freedom of action, particularly in relation to foreign national criminal offenders using the ECHR to resist deportation.
The UK's relationship with the ECHR has also been strained by the recent proposal of significant reforms to the UK's human rights framework by the Conservative government. These reforms would place the UK in breach of its obligations under the ECHR, joining a small subgroup of members who are committed to the ECHR in form but not in substance. There has also been longstanding scepticism within the Conservative Party towards the Human Rights Act, with calls for it to be reviewed or even scrapped.
Despite the UK's early enthusiasm for the ECHR, people in the UK have faced significant hurdles when trying to assert their Convention rights in court. This is because international treaties are not automatically incorporated into UK law, and for many years, no firm steps were taken to give the ECHR domestic effect. It was not until the Human Rights Act of 1998 that the ECHR was incorporated into UK law, enabling people to rely on the ECHR in national courts.
The UK's potential withdrawal from the ECHR could have negative consequences, including damage to relations with the EU and Ireland, and isolation from allies who share its legal and democratic values. It would also be counterproductive for the UK's global leadership, particularly in light of its vocal support for Ukraine in international forums. Additionally, the ECHR is a fundamental part of the Good Friday Agreement, and UK withdrawal could risk damaging intercommunal relations and harming strategic relations with the US.
Overall, while the UK has historically had a strong relationship with the ECHR, there are now increasing tensions and concerns about the UK's ongoing commitment to the Convention.
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Frequently asked questions
The European Convention on Human Rights (ECHR) is an international human rights treaty that protects the rights of everyone within the 46 states that belong to the Council of Europe.
The ECHR is incorporated into UK law via the Human Rights Act 1998. The Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to and enables people in the UK to rely on the ECHR in national courts.
The Human Rights Act (HRA) allows the rights guaranteed by the ECHR to be enforced in UK courts – increasing everyone’s access to justice in the country. The HRA was designed to “bring rights home” in a way that is compatible with the UK’s strong tradition of parliamentary democracy.
The UK was the first country to ratify the ECHR in 1951. However, despite the UK’s early energetic work to create uniform European human rights standards, in subsequent decades people in the UK faced significant hurdles if they wished to assert their Convention rights before a court of law.
