header-logo header-logo

European Convention on Human Rights: Better out than in?

10 December 2020 / Alec Samuels
Issue: 7914 / Categories: Opinion , EU , Human rights , Brexit
printer mail-detail
34124
As the government announces a review of human rights law, Alec Samuels makes the case for the UK to leave the European Convention on Human Rights

Human rights appear to be a good thing. We are all in favour of human rights, surely. Co-operation with our European friends must be desirable, surely. The European Convention on Human Rights (ECHR) was created in response to the horrors of WWII. The text was drafted by British lawyers. The UK joined in 1951, accepted the right of individual petition in 1966, and incorporated the Convention into UK domestic law in the Human Rights Act 1998 (HRA 1998). In a democratic society, legal restraints upon government must, in principle, be desirable. UK jurisprudence has been enriched by European judicial learning. The UK has won most of the cases brought against it.

The maintenance of human rights, the protection of the rights of the individual under the rule of law, is an entirely separate matter from membership or otherwise of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll