The Story Should we ditch the European Convention on Human Rights?
Sep 3, 2025
Fraser Nelson, a political columnist for The Times, and Jonathan Ames, the legal editor at The Times, tackle the heated debate over the European Convention on Human Rights. They examine whether leaving the ECHR could truly influence asylum seeker numbers in the UK. Nelson critiques political motivations behind the proposal, while Ames unpacks the legal implications and historical significance of the ECHR. Together, they challenge listeners to reconsider the effectiveness of current asylum laws and the influence of international treaties on British justice.
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Origins And Purpose Of The ECHR
- The ECHR was drafted after WWII to set minimum human-rights standards across Europe and entered force in the early 1950s.
- It lists core rights like life, fair trial, privacy/family life and created the Strasbourg court to resolve breaches.
Human Rights Act Made Strasbourg Relevant
- The Human Rights Act 1998 incorporated ECHR rights into UK law and made domestic judges account for them routinely.
- Even with the Act, litigants can still take cases to the Strasbourg court as the final arbiter.
How ECHR Rights Affect Asylum Appeals
- Asylum applicants exhaust UK appeals before they can take human-rights claims to Strasbourg.
- Article 8 (family life) and the prohibition on torture are commonly invoked to resist deportation.