How does the ECHR affect the UK?

Many countries are members of the ECHR. But Britain has tried for a long time to have a coalition with EHCR. So, English courts didn’t recognise ECHR. Indeed, English citizens thought that ECHR had determined their rights, but they couldn’t ask for their primary rights in English internal courts. Accordingly, this article tries to find answers to the following questions: How does the ECHR affect the UK? What happens if the UK leaves the ECHR?


What is the ECHR?

ECHR is an international court. Its establishment is related to 1959. The main reason for ECHR’s establishment was to investigate people’s official or individual affairs. Indeed, these affairs and requests are based on civil and political rights violations included in the European Convention on Human Rights. Accepting and following all ECHR rules are necessary for 47 countries that are prominent members of the ECHR convention.


ECHR involves a wide range of rights;

  • The right to life, freedom from torture
  • the right to liberty
  • the right to a fair trial
  • the right not to be punished for something that wasn’t against the law at the time
  • the right to respect for family and private life
  • freedom of thought, conscience, and religion
  • freedom of expression
  • freedom of assembly
  • the right to marry and start a family
  • the right not to be discriminated against in respect of these rights
  • the right to protection of property
  • the right to education
  • the right to participate in free elections
  • the abolition of the death penalty

What is European Council?

Indeed, ECHR is a council that leads the human rights of the Europe. Moreover, the UK still has a partial membership in ECHR. But after the UK abandonment of ECHR, EU and UK political and economic cooperation has changed. Indeed, the European human rights convention establishment is related to 1953. According to the European human rights convention, different governments can’t abuse human rights. According to this convention, people should feel safe and secure in their society. No one can hurt them, they have freedom rights, and no one can abuse them.

Could government remove ECHR?

Boris Johnson had said Britain could exit from ECHR, but two government ministers rejected this request. Guy Opperman told Times radio: “I don’t believe it is our policy, nor would it be something I will be advocating for, withdrawing from the ECHR.” According to reports, there are calls on Tory MP WhatsApp groups to withdraw from the ECHR and to speed up the introduction of a UK bill of rights.

How does the ECHR affect the UK, and what is its relationship with the Good Friday agreement?

Indeed, ECHR is a European convention that has a vital role in making decisions related to human rights. But how does the ECHR affect the UK, and what is its relation with the Good Friday agreement is a question we will deal with here. The Good Friday agreement investigates ECHR rights, and ECHR has a supportive role in human rights in Ireland. ECHR can ensure judicial and legal cooperation with the EU after confirmation based on the Good Friday Agreement. Even the judicial and legal partnership between the EU and Ireland can be signed up under the terms of the Brexit deal.

Why does the UK want to leave ECHR?

It has been an issue that the European Court of Human Rights has the authority to supersede judgments made by UK courts. However, events of recent months, primarily the dispute over the UK Government’s Rwanda policy, have brought this issue to the front and centre of public debate. The Rwanda policy is a five-year trial program to send some asylum seekers to Rwanda to claim asylum there instead. The policy intends to deter people from using illegal and dangerous routes across the English Channel. The fact that the Strasbourg Court overruled the UK court’s decision via an “interim measure’, without any legal reasoning is an affront to the UK’s legal sovereignty following Brexit.

What happens if the UK leaves the ECHR?

How the ECHR affect the UK is one point, and what happens if the UK leaves the ECHR is another crucial point! If the UK exits the European Convention on Human Rights, UK citizens will lose most opportunities. Indeed, Britain’s most important reason for trying to leave ECHR is suppressing migration, and it is the UK’s threat to migrants who want to migrate to the UK. And according to an expert, if the UK exits European Convention on Human Rights, British people will face the most disastrous events. Last week London stated the deletion of people who want to enter the UK with small boats through the English Channel.

ECHR limits UK’s plans for preventing migrants from migrating to the UK. It doesn’t let the UK government behave relentlessly with the migrants. This convention defines the UK as suppressing migrants and arresting and sending them to detention centres. And because of that UK wants to leave this convention to be able to behave migrants in the way that it wants. Suella Braverman said she could not definitively state whether the ‘illegal migration Bill’ was compatible with the ECHR.

The general election is close, and Rishi Sunak is considering minor boat problems in this situation. Indeed, investigating minor boat problems is one of Sunak’s five priorities. Solving this problem is very important for him and his government. However, he has said that preventing small boats’ entrance to the UK through the English Channel is difficult. Conservative MPs have become angry with Sunak’s ambiguous speech about stopping small boats’ access to the UK through the Channel.


Stressing that he thought the illegal migration bill was compliant with international law, the prime minister said there “may well be” another adverse legal judgment from judges presiding over the European Convention on human rights. Sunak has talked about his decisions to stop migrants, but he has added that he may be unable to control migrants’ entrance to the UK. So he has said that he won’t ask for any apology if he can’t control migrants’ migration to the UK.


EU-UK relations after UK’s leaving ECHR


Indeed, ECHR’s most crucial duty is to try to let the migrants feel safe in another country without torture and disrespect. But again, we need to answer this question. What happens if the UK leaves the ECHR? If the UK leaves the ECHR, it doesn’t mean the EU will leave the UK free to have its favourite behaviour with migrants. Even if the UK leaves the ECHR, it should obey its rules. Moreover, after UK’s separation from the ECHR, it is still in European Convention on Human Rights. The UK must still respect the ECHR even if it leaves it. Even respecting human rights has been stated in the Brexit contract.

In the Brexit contract, both countries have promised to respect human rights, and even now, after the UK leaves the ECHR, it should observe human rights. Indeed, some reasons are far beyond the human rights issue that prevents sending migrants to Rwanda. These reasons involve that no countries have the right to sacking the migrants and sending them to Rwanda.

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