Increasingly politicians and press from the right have been decrying the European Court of Human Rights.
November 1950 European Convention on Human Rights was agreed. But their is little point of a convention without the teeth of a court to uphold it. So the attacks on the court are really attacks on the convention. The convention was designed to ensure the atrocities of the previous 20 years could never start again for signatory countries. It was also meant to hold back communism. It has been wildly successful at both of those objectives so far.
The convention articles, summarised below, are the bedrock of a civilised democratic society. It’s hard to imagine Britain without them. A number of treaties commit us to them – everything from Scottish Devolution, Northern Ireland Good Friday agreement to EU membership.
So why is it so lambasted now?
Are their plans to bring back the death penalty? monitor all emails? Make trials less fair?
The reasons given are spurious. The silly examples given are perfectly resolvable without going for this drastic proposal.
hopefully the British people will see this for what it is. An attack on all our rights.
Summarised Articles:
1. Respect and ensure rights of people within the area of countries signed-up
2. Life. No unlawful killings by the state, proper investigations of suspicious deaths, duty to prevent foreseeable loss of life.
3. Torture. Prohibition of inhuman or degrading treatment of punishment.
4. Servitude. Prohibition of slavery, forced labour or servitude.
5. Liberty and security. Freedom from being arrested without a criminal reason.
6. Right to a fair trial. Presumption of innocence with a public hearing before independent and impartial court or tribunal in a timely way.
7. Retroactivity. No creating laws making past actions criminal.
8. Privacy. Respect for private and family life, home and correspondence.
9. Conscience and religion. Freedom on though, conscience an religion.
10. Freedom of expression. Sensible caveats about national security, public safety, crime, morals, reputation of others, information received in confidence, authority and impartiality of the judiciary.
11. Freedom of association. Protects peoples rights to form a trade union, to gather.
12. Marriage. The right of men and women to marry and have a family.
13. Effective remedy. Right for an effective remedy before national authorities for violations of this convention.
14. Freedom from discrimination.
15. Derogations. In times of war or other emergencies threatening the states existence states are allowed to ignore the conventions articles.
16. Aliens. States can restrict political activity of foreigners (not member states of the convention).
17. Abuse of rights. States can’t use the excuse of one article to breach another.
18. Permitted restrictions.