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We’re not having the French and Germans telling us what to do! We are not taking any lectures from them!

Actually, in a way the British have told the Europeans what to do. After WWII, Churchill engaged British legal experts to draft a bill of human rights to protect European citizens from the abuses of state power.

The European Convention of Human Rights. It was drafted in 1950 and ratified by the UK in 1951.

Forty six states are now signed up which includes all European countries and Britain. Russia was expelled for attacking Ukraine and Belarus left at the same time. Greece left the ECHR in 1967 when the controlling military regime was accused of mental and physical torture. Once democracy was restored in 1974, they rejoined.

What has the ECHR ever done for us, the British?

  • British citizens by virtue of the ECHR have the right to a fair trial. You cannot
    be locked up without good reason!
  • Freedom from torture or degrading treatment.
  • Freedom of religion. You can be a pagan or a Druid or any other recognised religion.
  • Freedom of expression. Look at you writing whatever you like on the internet.
  • Freedom from discrimination. This covers sexual orientation, race, colour…
  • Freedom from slavery. In the very real sense not as in ‘slave to the kitchen’
  • Protected against domestic violence for everyone.
  • Lastly, the ECHR was used to bring peace in Northern Ireland.

Like all insurances you only know you need it when you need it!

British citizens have used the ECHR to defend their rights in areas such as freedom of speech, discrimination, surveillance, privacy, military deaths, detention without trial, voting rights, prison conditions, and LGBT rights.

Remember any of these cases? This could be you in the future – because without the ECHR you will have no protection from any abuses of State Power.

  • Hillsborough : Mckerr, Jordan, Kelly and others v UK (2001) and later Hillsborough families. The families of the victims stated that there was a lack of a proper, independent investigation into the deaths. They used Article 2 of the ECHR (right to life) and specifically the procedural obligation to investigate deaths caused by state failures. New inquests during 2014-2016 found that 96 fans were unlawfully killed. In is case the Government were forced to reopen inquests.
  • Domestic Violence and the “Bedroom Tax” – A woman at severe risk of domestic violence faced eviction due to housing benefit cuts. The ECHR ruled that the UK’s policy discriminated against her based on gender. This led to legal exemptions for vulnerable women under the benefit rules.
  • LGBT+ Rights in the Armed Forces – Jeanette Smith, Graeme Grady, Duncan Lustig-Prean, and John Beckett were dismissed from the military for being gay. The ECHR found this violated their rights to privacy and non-discrimination. The UK subsequently lifted the ban on LGBT+ service members.
  • Corporal Punishment in Schools – Scottish mothers Grace Campbell and Jane Cosans challenged the use of corporal punishment in state schools. The ECHR ruled this violated their right to educate their children in line with personal convictions. The UK abolished corporal punishment in response.
  • Freedom of the Press – Journalist William Goodwin was fined for refusing to reveal a source. The ECHR ruled this breached his right to freedom of expression. The case strengthened protections for journalistic sources in the UK.
  • Privacy and DNA Retention – Two men from Sheffield had their DNA retained despite being cleared of charges. The ECHR ruled this violated their right to privacy, prompting reforms in how police handle biometric data.
  • McLibel Case – Environmental Activists – Helen Steel and David Morris were sued by McDonald’s for libel but couldn’t afford legal representation. The ECHR found the UK had failed to ensure a fair trial, leading to greater scrutiny of access to justice for activists.
  • Religious Freedom in the Workplace – In the case of Eweida v UK, a British Airways employee was barred from wearing a cross. The ECHR ruled that the UK must ensure private companies respect religious freedoms, influencing workplace policies nationwide.
  • The right to vote. In 1995, John Hirst, a British prisoner used the ECHR to regain his right to vote. The ban on ALL not specific prisoners was declared disproportionate.
  • Decriminalisation of sex act. Jeffrey Dudgeon of Northern Ireland had issue with the criminalisation of homosexual acts in 1981. Uk law was held to be incompatible which led to decriminalisation.

Modernisation of the European Convention of Human Rights – Does it need modernising?

  • The Labour government under Tony Blair used the ECHR framework to justify the Human Rights Act 1998, embedding Convention rights into UK law.
  • Civil liberties groups like Liberty have consistently used ECHR case law to challenge government overreach, including surveillance laws and immigration detention. Liberty challenges injustice, defends freedoms and campaigns to make sure that everyone in the UK is treated fairly. This includes you!
  • The Conservative Party has at times criticised the ECHR, especially in cases involving deportation of foreign nationals. However, even critics have relied on ECHR principles when defending free speech or property rights.

Why do the Conservatives and Reform UK hate the ECHR?

Both Political Parties claim it prevents governments from deporting illegal immigrants.

According to the Oxford University report, since 1980, the European Court of Human Rights has found against the UK in 13 removal (deportation) cases.

Of those 13, 4 concerned family life. The Government won in 26 cases.

In 45 years only 39 cases have been brought to the ECHR.

Doesn’t sound as if leaving the ECHR is about immigration.

Conclusion

The ECHR has served as a powerful tool for UK citizens, civil society, and even political actors to challenge injustice, shape policy, and uphold democratic values.

While debates continue over its role in domestic law, its legacy in advancing rights and accountability is undeniable for all the citizens of the United Kingdom.