The European Convention on Human Rights and Fundamental Freedoms
30 Mar 2022
The European Convention on Human Rights is a pan-European treaty, drafted by a committee of the Council of Europe in which the British Conservative politician and lawyer, David Maxwell Fyfe (1900-67), played an instrumental role . Ratified in 1950 and in force since 1953, the Convention provides the first collective commitment of states to comply with the obligations outlined in the Universal Declaration of Human Rights. Some of its statements, though distilled through time, relate to key clauses in Magna Carta. For example, Articles 5 and 6(1) of the Convention, which address individual freedoms and legal rights, reassert principles found in clauses 39–40 of the 1215 Magna Carta. The Convention states that, ‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save … in accordance with a procedure prescribed by law.’ The Convention established the European Court of Human Rights which enforces its terms.
The European Convention on Human Rights and Fundamental Freedoms (ECHR) was opened for signature in 1950. Ratifying the Convention obliges member states to observe certain of the human rights in the Universal Declaration, notably those essential for the preservation and working of a participatory democracy. Individuals who claim that their rights have been denied can take their case to the European Court of Human Rights whose decisions are binding on governments. Since the Human Rights Act 1998, the ECHR must be taken into account in UK law. Since the UK has no written constitution, the ECHR effectively acts as a constitutional instrument.
In summary the rights in the ECHR are:
Personal rights
the right to life, liberty and security of person, including the enjoyment of family life and possessions and privacy in the home and in correspondence
the right to a fair trial
the right to education
Fundamental freedoms
freedom of thought, conscience and religion
freedom of expression (including for the press)
freedom of peaceful assembly and association, the right to form trade unions
Prohibition of:
torture and inhuman or degrading treatment, including slavery and forced labour
retro-active criminal legislation
the death penalty
expulsion or refusal of entry to nationals
collective expulsion of aliens
In summary the rights in the ECHR are:
Personal rights
the right to life, liberty and security of person, including the enjoyment of family life and possessions and privacy in the home and in correspondence
the right to a fair trial
the right to education
Fundamental freedoms
freedom of thought, conscience and religion
freedom of expression (including for the press)
freedom of peaceful assembly and association, the right to form trade unions
Prohibition of:
torture and inhuman or degrading treatment, including slavery and forced labour
retro-active criminal legislation
the death penalty
expulsion or refusal of entry to nationals
collective expulsion of aliens
