Human Rights, UK Law, and the European Convention: A Detailed Analysis

This report provides a comprehensive overview of human rights within the United Kingdom, focusing on the European Convention on Human Rights (ECHR) and its interplay with UK law. It begins by defining human rights as fundamental freedoms protected by international and national laws, emphasizing the Human Rights Act of 1998 and the articles within the ECHR. The report then examines the current system of human rights protection in the UK, highlighting the role of common law and the judiciary in safeguarding individual rights. A significant portion of the report is dedicated to analyzing the relationship between UK law and the ECHR across domestic, international, and wider political dimensions, addressing concerns about the ECHR's influence on parliamentary sovereignty and the importance of maintaining a harmonious balance between national law and international obligations. The report concludes that a strong, structural relationship between the UK and the ECHR is essential for upholding democratic principles and protecting human rights while acknowledging the government's ability to choose national law, which is crucial for the overall protection of citizens' rights and freedoms in the UK.

Human Rights

Table of Content
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Human rights................................................................................................................................1
European Convention on Human Rights (ECHR) ......................................................................2
Current system of Human rights protection in UK......................................................................2
Relationship between UK law and ECHR...................................................................................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Human Rights are those moral principle and norms which describe the standards of
human action and these are also protected as natural and legal rights in an international law. In
the same way, report is also based upon the human rights and describe the importance of these
rights in the context of UK. Further, report will describe in depth about the human rights and
European Convention on Human Rights (ECHR), then it shows the relationship between UK law
and ECHR and their direct relationship with human rights.
MAIN BODY
Human rights
Human rights are the basic rights and freedom which also belongs to every person in the
world from the birth to their death. As per the Human Right Act, 1998 which describe the
fundamental rights and freedom, this also includes the civil, political, economic and social rights
of the human being, these rights can be granted and taken away, but must be respected by all.
Beside this, the Human Right Act also incorporate the rights which set out in European
Convention on Human Rights (ECHR) into local British law1. Further it is consist of different
articles, such that in Article 1, the law develop friendly relation among nation which is based on
the respect for the principles of equal rights and their self determination of peoples so that they
all may take different measures in order to strengthen universal peace as well. On the other side,
in 1948, as per the Universal Declaration of Human Rights, as per the articles 1 which states that
all human being are mainly born to free and also posses the equal dignity as well as rights2.
In addition to this, it has been realized that UK is a parliamentary democracy and the
people who live in this are said to govern themselves by elected representative in a Parliament.
However, in a governmental system, there may be chances that minorities and other backward
classes are subject to be discriminate or they are unfairly treated as well3. That is why, there is a
need to realize the importance of Human Rights in the world and the parliament of UK also tries
1 Ingram, K., 2019. Drugs and Human Rights: A constitutional approach (Doctoral
dissertation, The University of Manchester (United Kingdom)).
2 Leyland, P., 2016. The constitution of the United Kingdom: A contextual analysis.
Bloomsbury Publishing.
3 Vick, D. W., 2002. The Human Rights Act and the British Constitution. Tex. Int'l LJ.37.
p.329.
1

to protect individual rights but makes it difficult for the public bodies which is to be held
completely to an account for how they are use their own powers.
European Convention on Human Rights (ECHR)
This is adopted in 1950 but come into force in 1953. Currently, European Convention on
Human Rights (ECHR) cover over 800 million people and has 47 contracting states as well4. As
if, any person think that his or her right may violated under the Convention by State party then
they can take the case to court and at that time, judgement finds the violation which bind on the
State who is concerned and they are also obliged in order to execute them in perfect manner.
Presently, European Convention on Human Rights (ECHR) has 18 Articles and 7 protocols as
well5. Thus it clearly shows that it protect the human rights of people which belongs to Council
of Europe and it mainly drafted in order to protect all Human rights and fundamental freedom
while on the other side, through human rights act, people can bring convention rights in their
local courts.
Current system of Human rights protection in UK
UK is consider as a parliamentary democracy and some judges in UK also suggested that
courts might refuse to give affect to an Act of Parliament which violated different principles of
rule of law6. For example, by introducing Apartheid system that help to minimize the distinction
between different ethnic group. As a result, it is analysed that strong expectation is actually exist
in Parliament with different state and the consensus further exist in which different individual
posses some basic or intangible human rights and then the democracy is further based upon these
rights as well, without it, the individual could not participate in effectively in a democratic
process7.
Currently, in UK the first layer of protecting the right by common law in which the High
court has a long exercised supervisory judicial review over all inferior court and tribunals. In
this, the people can easily put their views with a hope of justice by analysing that the rights are
4 Letsas, G., 2007. A theory of interpretation of the European Convention on Human
Rights.
5 Keller, H. and Sweet, A. S. eds., 2008. A Europe of rights: the impact of the ECHR on
national legal systems. Oxford University Press, USA.
6 Jowell, J. and Oliver, D. eds., 2007. The changing constitution. Oxford University Press.
7 Oliver, D., 2007. The changing constitution. Oxford University Press.
2

follow or not8. Next layer is European Convention on Human Rights (ECHR) which protect core
civil and political rights of the people of UK like Freedom of Expression and the right to a fair
trial.
Relationship between UK law and ECHR
The European Convention on Human Rights (ECHR) is sometimes depicted as a foreign
legal instrument for the British Legal Heritage and sometimes as a myth as well. Therefore, the
relationship of UK law and ECHR is segregated into three dimension which is as mention below:
Domestic Law Position: It is common principle of UK law in which the courts will seek
and also interpret the domestic legislation with an international responsibility in which UK is
entered. Further, the general principle is also given to the specific force and then modified by
Human Rights Act, 1998 by section 2(1)9. For example, Lord Hoffmann in 2009, suggested that
the international court such as Strasbourg lacked constitutional legitimacy in order to impose the
interpretation of the abstract rights which are set in the text of convention on national parliament.
Thus, arguing with this, UK court is not obliges to jump when Strasbourg tells and Lord says that
British membership of ECHR system does nothing to detract from an authority. Therefore, to
analyse the validity of such arguments and it is helpful to look at each of these strands of
criticism and then re-think the existing relationship between these10.
International Law position: This shows the relationship between ECHR and UK
Supreme Court, which should not be conceived of in hierarchical terms. Further, this raise the
question what superior means in this context, while on the other side, it is true that UK Supreme
Court is highest judicial and final authority authority in UK and this is equally true that ECHR is
that body which decides what convention means. In the similar way, as per the Article 1 of
ECHR which state that High contracting parties should secure to everyone in their jurisdiction
the rights and freedom11. Therefore, it did not bite upon the doctrine of all parliamentary
8 McEvoy, K. and Morison, J., 2002. Beyond the Constitutional Moment: Law,
Transition, and Peacemaking in Northern Ireland. Fordham Int'l LJ. 26. p.961.
9 Madsen, M. R., 2016. The challenging authority of the European Court of Human
Rights: from Cold War legal diplomacy to the Brighton Declaration and backlash. Law
& Contemp. Probs.. 79.p.141.
10 Schabas, W. A., 2015. The European convention on human rights: a commentary.
Oxford University Press.
11 Dzehtsiarou, K., 2015. European consensus and the legitimacy of the European Court of
Human Rights. Cambridge University Press.
3

sovereignty in order to make it unlawful, which is the matter of UK constitution law for the
parliament.
Wider political issues: As per the domestic perspective, when UK court is issues a
declaration of incompatibility as per the section 4 of Human Right Act. In the same way, UK
court also interpret the legislation which is compatibly with ECHR pursuant and the Parliament
also pass in order to reverse the effect12. Therefore, to make adjustment between political parties
and the court, there is a need to establish the linkage between UK law and European
Convention on Human Rights. Thus, it is also in the UK's self interest to be seen that they show
respect and also give the effect in Strasbourg decision. Further, the ECHR is also acknowledge to
be the one of the best successful international mechanism in order to protect the human rights by
using laws and therefore, UK has the strong reputation in order to comply the norms too.
In addition to this, it is also realized that if UK undermine it, then it would be greatly
weaken to its moral authority and also cause some serious damage in order to make sure that
other states are also respect to all human right obligations13.
Overall, it is critically evaluated that as if the institutional integrity of European
Convention on Human Rights is sound an then the structural relationship between the UK and
convention system of protecting the rights is harmonious within the commitment to the
democracy. Then it remain open to the elected politicians and also disregard the judgment of
courts. Hence, the human rights are also made to protect the human from wrong deeds and thus,
it helps to provide equal rights to all citizen therefore, they live comfortably14. Moreover, it
clearly reflect that there is a structural relationship between the UK and ECHR and this
compatibility also leads to make effective democratic principles which protect from any damage
that leads to affect the brand reputation and to human right as well as democracy across Europe
at large extent.
12 Akdeniz, Y., Taylor, N. and Walker, C., 2018. BigBrother. gov. uk: State surveillance in
the age of information and rights. Gov. UK: State Surveillance in the Age of Information
and Rights (May 19, 2018).[2001] Criminal Law Review,(February), pp.73-90.
13 Amos, M., 2019. Can European consensus encourage acceptance of the European
Convention on Human Rights in the United Kingdom?. Building Consensus on
European Consensus (Cambridge: CUP, 2019).
14 White, M., 2019. Case Comment: Catt v the United Kingdom: A lesson for the UK and
European Court of Human Rights?. Journal of Information Rights, Policy and
Practice.3(1).
4

CONCLUSION
By summing up above report it has been concluded that Human rights are made to protect
the citizen and also provide the strong rights protection to those citizen who are living in UK and
report also concluded that structural relationship between European Convention on Human
Rights and Human Rights, as court also accepted the jurisdiction of Strasbourg court and on the
other side, it is also concluded that government of UK also choose national law which is not give
effect to judgement which is prescribe by court and the judgement are also bind with an
international law. Thus, it show the structural relationship between ECHR and UK law.
5

REFERENCES
Books and Journals
Akdeniz, Y., Taylor, N. and Walker, C., 2018. BigBrother. gov. uk: State surveillance in the age
of information and rights. Gov. UK: State Surveillance in the Age of Information and
Rights (May 19, 2018).[2001] Criminal Law Review,(February), pp.73-90.
Amos, M., 2019. Can European consensus encourage acceptance of the European Convention on
Human Rights in the United Kingdom?. Building Consensus on European Consensus
(Cambridge: CUP, 2019).
Dzehtsiarou, K., 2015. European consensus and the legitimacy of the European Court of Human
Rights. Cambridge University Press.
Ingram, K., 2019. Drugs and Human Rights: A constitutional approach (Doctoral dissertation,
The University of Manchester (United Kingdom)).
Jowell, J. and Oliver, D. eds., 2007. The changing constitution. Oxford University Press.
Keller, H. and Sweet, A. S. eds., 2008. A Europe of rights: the impact of the ECHR on national
legal systems. Oxford University Press, USA.
Letsas, G., 2007. A theory of interpretation of the European Convention on Human Rights.
Leyland, P., 2016. The constitution of the United Kingdom: A contextual analysis. Bloomsbury
Publishing.
Madsen, M. R., 2016. The challenging authority of the European Court of Human Rights: from
Cold War legal diplomacy to the Brighton Declaration and backlash. Law & Contemp.
Probs.. 79.p.141.
McEvoy, K. and Morison, J., 2002. Beyond the Constitutional Moment: Law, Transition, and
Peacemaking in Northern Ireland. Fordham Int'l LJ. 26. p.961.
Oliver, D., 2007. The changing constitution. Oxford University Press.
Schabas, W. A., 2015. The European convention on human rights: a commentary. Oxford
University Press.
Vick, D. W., 2002. The Human Rights Act and the British Constitution. Tex. Int'l LJ.37. p.329.
White, M., 2019. Case Comment: Catt v the United Kingdom: A lesson for the UK and
European Court of Human Rights?. Journal of Information Rights, Policy and
Practice.3(1).
6