The Briefing Room The UK and the European Convention on Human Rights
Aug 17, 2023
Dr. Ed Bates, Robert Spano, and Dr. Joelle Grogan discuss the UK's relationship with the European Convention on Human Rights and the implications of leaving it. They explore the advantages of being inside the Convention, the role of the European Court of Human Rights, and the potential consequences of the UK's withdrawal.
AI Snips
Chapters
Transcript
Episode notes
UK's Key Role in ECHR Drafting
- The UK greatly influenced the drafting of the ECHR, especially ensuring qualified and limited enforceability initially.
- This was due to sovereignty concerns and the desire to avoid foreign court interference in UK human rights matters.
Dajan Case Pushed UK Change
- The Dajan v UK case struck down criminalization of male homosexual acts in Northern Ireland.
- The UK government at that time wanted Strasbourg to rule because it feared domestic backlash if it acted first.
Malone Case Created UK Law
- The Malone case ended UK police wiretapping without legislation.
- After Strasbourg ruled it illegal, the UK Parliament swiftly passed a law regulating wiretapping.