United Kingdom Plan to Withdraw from Clauses of the European Convention on Human Rights

The United Kingdom (UK) is planning to withdraw from certain clauses of the European Convention on Human Rights (ECHR). The news comes as the country continues to negotiate its departure from the European Union (EU). 

Since Brexit negotiations began, the EU has insisted that the UK formally commit to abiding by the ECHR after its exit. The UK refused to make such a pledge, allowing the country to withdraw from the convention.

British policymakers have long debated the ECHR and the Human Rights Act of 1998, which incorporates the Convention into British law.

In 2012, MP Richard Bacon proposed repealing the Human Rights Act after the European Court of Human Rights ruled against the UK’s ban on allowing prisoners to vote. The UK Parliament eventually voted down the proposal. 

Chris Grayling, who was serving as the Justice Secretary at the time, suggested leaving the ECHR in 2014 since the UK could not veto the rulings of the European Court of Human Rights. 

The issue came to the forefront again in 2016, when British then-Home Secretary Theresa May advocated for withdrawal from the ECHR. Speaking to reporters, she said, “The ECHR can bind the hands of Parliament, adds nothing to our prosperity, makes us less secure by preventing the deportation of dangerous foreign nationals, and does nothing to change the attitude of governments like Russia’s when it comes to human rights.” 

The latest push to quit the Convention has been met with mixed reactions. 

David Kurten, who is campaigning for Mayor of London, tweeted that “overturning [the] Human Rights Act & leaving the ECHR is the right thing to do.”

Robert Buckland, the Lord Chancellor,  referring to the ECHR, said on the floor of Parliament,, “It’s entirely right that an act that is now 20 years old is looked at very carefully and we will do so.” At the same time, he described the government’s commitment to the ECHR as “absolute.”

Others decried the plans to withdraw from the Convention. Lord Charlie Falconer, a member of the House of Lords, wrote, “A future where [the] UK breaks its international law obligations, and opts out of Human Rights protections is a very bad future.”

Paul James Caldwell, a law professor at the University of Strathclyde in Scotland, tweeted, “These are the protections for all those in the UK and it is unconscionable that removing rights for some is in any way a good idea.” 

If the UK does withdraw from the ECHR, the ramifications could be severe. The 1998 Good Friday Agreement, which was instrumental in ending the violence of the Troubles in Northern Ireland, ensures protections under the ECHR. Withdrawing from the Convention would put the UK in breach of this agreement, which could jeopardize the UK’s international reputation. 

Lord Falconer issued a similar warning, tweeting, “do not underestimate how quickly [the] UK’s standing as a country who plays by the rules can go through the floor.”