The ECHR: A Soft Target in the Fight Against Judicial Independence

Strategic Insights -

The European Convention on Human Rights (ECHR) is a topic of contention in British politics, often associated with asylum seekers and Brexit. Critics of human rights law, such as Nigel Farage and Kemi Badenoch, argue that it hinders the ability of politicians to expel "undesirable elements" from society. However, this criticism is rooted in a misunderstanding of the ECHR's purpose and role. In reality, the ECHR is a cornerstone of modern democracy, protecting the fundamental rights of individuals from the encroachment of state power. The UK's relationship with the ECHR is complex, with some politicians seeking to exit the convention altogether, citing concerns about sovereignty and national security.

Key Takeaways:

  • The ECHR is a 71-year-old institution that has been a cornerstone of modern democracy, protecting the fundamental rights of individuals from state power.
  • Critics of human rights law, such as Nigel Farage and Kemi Badenoch, argue that the ECHR hinders the ability of politicians to expel "undesirable elements" from society.
  • The UK's relationship with the ECHR is complex, with some politicians seeking to exit the convention altogether, citing concerns about sovereignty and national security.
  • The ECHR is not an EU institution, but its European name stirs suspicion that it is an alien imposition.
  • Reforms to the ECHR are possible and necessary to address legitimate concerns about its role in protecting human rights, but critics are not seeking to reform the convention, but rather to dismantle it.
  • Dispensing with human rights obligations would be a necessary step for any government seeking to emulate Donald Trump's programme of detaining and deporting migrants without regard for due process.

Statistics:

  • 71 years is the age of the ECHR, an institution that has been a cornerstone of modern democracy.
  • The ECHR has protected the fundamental rights of individuals from state power for seven decades.

Sources:

  • Editorial, "The ECHR: A Soft Target in the Fight Against Judicial Independence" (no date)
  • Kemi Badenoch, "Personal view that Britain will likely need to leave the ECHR" (no date)
  • Nigel Farage, "Would 'get rid of the ECHR' as a day-one priority" (no date)
  • European Convention on Human Rights (ECHR) (no date)
  • Donald Trump, "Migrant and immigrant policies" (no date)