When Winston Churchill stood up at the Hague to deliver his speech on the importance of human rights at the Congress of Europe in 1948, he was not dealing in hypotheticals. Those at the Congress of Europe had seen first-hand the horrors that a despotic regime, unregulated by the rule of law, could enact on its people. Driven by a desire to consign the trauma of the Second World War to history, in March 1951, the UK became the first country to ratify the European Convention on Human Rights (ECHR), a legally binding protection of the rights and civil liberties of people in Europe.
Now, more than 70 years later, Churchill's party - the 'party of law and order' - has become the party of law-breakers and human rights detractors. Not content with backing one referendum that divided the country and hamstrung the economy, Boris Johnson has joined Nigel Farage in calling for a referendum on membership of the ECHR. Both Conservative leadership candidates Robert Jenrick and Kemi Badenoch have said they'd be prepared to leave the ECHR, with Jenrick actively backing a referendum. It is their 'easy answer' to the question of irregular migration, a 'fix' that wouldn't, in reality, change anything. Here's why.
“In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.” - Winston Churchill, 1948
How does the ECHR work in the UK?
The European Court of Human Rights, from which those on the right of British politics seem so desperate to escape, ensures that the rights and freedoms outlined in the European Convention on Human Rights are fully respected. The court has the power to deliver legally binding judgements if it finds that a member nation is violating their citizens' rights.
However, due to the work done by the Blair government to introduce the ECHR into domestic law through the Human Rights Act (1998), the European court rarely has to intervene in matters of British law. British courts instead manage these decisions in accordance with the Human Rights Act (HRA). For example, the Conservatives' Rwanda plan was stopped by our own British Supreme Court as it ran contrary to the domestic law. Even if Britain were to leave the ECHR, the same laws would still apply.
But if we left the ECHR, a future government could theoretically repeal or rewrite the HRA, eroding or even removing British citizens' legal rights and freedoms. This isn't hypothetical - Dominic Raab tried to do it just last year.
What rights does the ECHR protect?
It is surprising that the anti-woke defenders of free-speech are fighting against an organisation which legally protects freedom of speech. In addition to this, the rights protected by the ECHR include:
- The right to life
- The right to a fair hearing
- The right to respect and a private life
- Freedom of expression
- The right to an effective remedy
- The right to possessions
- The right to stand and vote in elections
- Freedom from torture
- Freedom from slavery
- Freedom from unlawful detention
- Freedom from discrimination
- Freedom from being expelled from your country
- Freedom from the death penalty
Why do some politicians want the UK to leave the ECHR?
Those who shout from the barricades about leaving the ECHR are adopting the same nationalistic ideology that delivered Brexit. It's the populists' playbook: offering a simple solution to complex, emotive issues like irregular migration or economic decline. The same types told us we'd get £350m a week for our NHS if we left the EU.
As with Brexit, the arguments about leaving the ECHR crumble under scrutiny. Robert Jenrick was roundly criticised for saying the ECHR means our soldiers kill, rather than capture suspected terrorists. This is untrue as British military conduct abroad is determined by adherence to international military treaties such as the Geneva Convention, not the ECHR. But the reality isn't the point for these politicians - it's just the latest iteration of the right's psychodrama toward Europe.
What do the general public think?
Unfortunately, such misinformation has a marked effect on Brits' view of human rights legislation. The most recent YouGov poll found that only 54% of Brits believe we should remain in the ECHR - a marked shift when compared to a 2010 poll by ComRes, which found that 96% of Brits supported human rights legislation.
“The ECHR protects the rights of everyone in the UK. Undermining it will have repercussions far beyond anything the government can foresee.” - Naomi Smith, CEO, Best for Britain, 2023
Would leaving the ECHR damage our international reputation?
A move away from the ECHR would damage our international credibility as a leader on human rights, drive us further away from the EU, and violate the Good Friday Agreement in Northern Ireland. The Good Friday Agreement, which has proved one of the most successful treaties of modern times, specifically requires that no law passed by the Northern Ireland Assembly or enforced in Northern Ireland can be in contravention of the ECHR.
Leaving would also put Britain in the not-so-esteemed company of international pariahs Russia which was expelled from the Council of Europe and subsequently the ECHR following the invasion of Ukraine, and Belarus, which was never a member state.
In conclusion
The ECHR and the HRA act as indispensable protections for everyone in Britain. We cannot take these rights for granted.Around the world, the drumbeat of authoritarianism sounds from the Bering Strait to Tehran and Budapest. In the last five years we have seen the erosion of abortion rights in America, the shattering of peace in Europe in Ukraine, and a devastating regional conflict in the Middle East. Now is not the time to further move away from our European partners or the values that have protected life and liberty for almost a century. Now is not the time to abandon the legal protection of our rights.