header-logo header-logo

15 March 2024 / Malcolm Bishop KC
Issue: 8063 / Categories: Features , EU , Constitutional law , Public
printer mail-detail

The ECHR: out of order or out of fashion

163725
Malcolm Bishop KC looks back on the UK’s role in shaping our European Convention rights

‘We need to get rid of this European Convention! We can’t have foreign judges in foreign courts telling us what to do—we need to take back control.’ These and similar sentiments could be heard not only in the hostelries up and down the country but even occasionally in the Inns of Court. But we should be careful what we wish for, because the consequences may be the opposite of that intended.

Drafting the Convention

It might be helpful therefore to look at what some seek to get rid of, and how it all started. On 4 November 1950, some 15 European states met at Rome to sign the European Convention for the protection of human rights and fundamental freedoms. The UK was a prominent member of that meeting and indeed the text of the convention itself was largely the work of a team of Oxbridge professors headed by Sir

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll