What Is the European Convention on Human Rights?
Learn what the European Convention on Human Rights protects, how the Human Rights Act applies it in the UK, and which ECHR misconceptions to avoid in A Level Law.
The European Convention on Human Rights (ECHR) is an international treaty that protects fundamental rights and freedoms. It was created by the Council of Europe, and the UK is a party to it. It is not a law of the European Union.
What does it protect?
The Convention sets out rights including the right to life (Article 2), the prohibition of torture (Article 3), the right to a fair trial (Article 6), respect for private and family life (Article 8), and freedom of expression (Article 10).
Not every right works in the same way. Article 3's prohibition of torture is absolute: it cannot be justified by balancing it against other interests. Rights such as private life and freedom of expression are qualified: the state may interfere with them in specified circumstances, but the interference must be lawful, pursue a legitimate aim and be necessary and proportionate. Proportionate means the interference must not go further than justified to achieve that aim.
How does it work in the UK?
The Human Rights Act 1998 gives effect to Convention rights in UK law. It allows people to bring claims against public authorities, such as government bodies, in UK courts when those authorities act incompatibly with a Convention right. Courts must interpret legislation compatibly with Convention rights so far as it is possible to do so. If a higher court finds that an Act of Parliament cannot be read compatibly, it may issue a declaration of incompatibility. That declaration does not cancel the Act.
The European Court of Human Rights in Strasbourg hears applications alleging that a state has breached the Convention, generally after domestic remedies have been exhausted.
Exam mistake to avoid: do not confuse the ECHR with the EU, or say that a UK declaration of incompatibility automatically strikes down legislation.
