The Big Debate - The ECHR; Leave or Stay?

Sam Cramer

11 October, 2024

There’s been a lot of talk about the European Convention on Human Rights (ECHR) recently and it seems like many people are either misunderstanding what it is, or underestimating just how dangerous leaving it could be.

Firstly, to be clear, the European Court of Human Rights (ECtHR) is not connected to the EU, we didn’t leave it when we left the EU. The ECtHR is linked to the Council of Europe (also not connected to the EU), a separate institution created after World War II to promote human rights, democracy, and the rule of law. The UK played a key role in drafting the ECHR, which became part of UK law through the Human Rights Act 1998.

Nigel Farage’s lot and a few other right wingers are suggesting the UK should leave the ECtHR. Their argument largely focuses on isolated cases where immigrants have used the system to delay deportation or challenge their removal. These cases are rare, and the bigger picture is being ignored. I’m not going to go into why I think that is, but I have my suspicions.

But here’s my real concern: if we left the ECtHR, it wouldn’t just affect asylum seekers or immigrants, it would affect every UK citizen.

The ECtHR protects a long list of essential rights, like the right to life, prohibition of torture, right to a fair trial, and freedom of speech. These aren’t abstract or vague ideas; they’re protections that could be stripped away from everyone if we lost them. In real terms, this could lead to the loss of some very important things.

I’ll list a few: The right to privacy: Imagine the government decided to increase surveillance on its own citizens or collect personal data without clear legal justification. The ECtHR has been vital in limiting how far the government can go in infringing on our privacy. Without it, who would hold the government accountable?

The right to protest: There have already been concerns about police powers being extended under the guise of public order. The ECtHR protects our right to peaceful protest. Without it, future governments could make it easier to clamp down on public demonstrations or free assembly, silencing voices of dissent.

The right to a fair trial: What if you found yourself accused of a crime and the legal system denied you a fair hearing? The ECtHR guarantees the right to a fair trial, which helps ensure justice is served. Removing these protections opens the door to potential abuses in the justice system.

I’m surprised to not hear more Reform voters concerned about this one after how much they moaned about rioters not having trials.

Freedom of expression: In a political climate where misinformation and authoritarian tendencies are growing worldwide, the ECtHR plays a critical role in protecting our right to speak freely. If this protection is weakened, political dissent and media scrutiny could be stifled.

Farage’s suggestion to replace the ECHR with a UK exclusive bill of rights may sound appealing on the surface, but consider who would be drafting it. Politicians with a history of wanting to tighten controls on immigration or restrict protest rights, like Farage himself, could be influencing the terms.

I know a Reform victory is unlikely, but if it did happen, Nigel Farage may be the key person in charge of choosing which human rights we get.

The European Convention of Human Rights provides an important check on government power, allowing citizens to appeal to the European Court of Human Rights when domestic legal channels fail. Removing ourselves from this system could mean fewer options for challenging the government’s actions and protecting our freedoms.

At its core, the ECHR exists to stop governments from overreaching themselves, whether that’s on surveillance, restricting speech, or undermining democratic processes. Replacing it with a weaker, domestically-controlled version would give politicians more room to manoeuvre, potentially at our expense.

Image - The Council of Europe

Editor’s note –

Most people refer to leaving as ‘leaving the ECHR,’ meaning the court itself.

The correct initials for both the convention, or the act (ECHR), and the court (ECtHR) are used in this article.

For further information, the Council of Europe has 46 member states but is not connected to the EU and deals only with matters concerning Human Rights.

EU member states are also members of the Council of Europe.

The EU has its own council, known simply as the European Council and its own court, which oversees EU law.

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