Convention Rights ECHR explained European Convention on Human Rights. Law SQE Hesham ELrafei

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Convention rights under European Convention on Human Rights. Law simplified by Hesham ELrafei.

Convention rights under European Convention on Human Rights

Adopted in 1950 by the Council of Europe, the European Convention on Human Rights, is a statement of the fundamental principles of liberty, freedoms and rule of law, accepted by Western Europe to prevent human rights violations, ,in response to the Holocaust and other human rights violations during and before the World War.

Signed by 47 European states; The ECHR is an international treaty ratified by the UK in 1951 , and incorporated the rights under the ECHR into UK law by enacting the Human rights act of 1998.

The Convention rights under the treaty are divided into three types: Absolute , Limited and Qualified.
Absolute rights cannot be limited or interfered with under any circumstances, like the freedom from torture and slavery and the right to life.
However, if the police kill an armed person to prevent a crime, then Article 2 is not engaged, provided the police use no more force than absolutely necessary.

Limited rights can be restricted in certain circumstances specified in the relevant ECHR Article. For example, Article 5, the person's right to liberty and security, can be limited if a criminal is sentenced to prison. These rights cannot be ‘balanced’ against other individuals rights or the public interest.

Qualified rights may be interfered with to protect the rights of another or the wider public interest, like Article 8, the right to private and family life, states can interfere with a person’s personal life on national security grounds, if the interference is stipulated by law, necessary in a democratic society and proportional.

If the UK breaches the ECHR, other member states can bring proceedings before the European Court of Human Rights in Strasbourg.

In addition, individual Applicants whose Convention rights have been breached due to domestic law, may take the state to the European court, if they, personally and directly, are victims of ECHR violations, and who suffered a significant disadvantage.

The court can award compensation or require the state to change its law. However, individual decisions are only binding as a matter of international law under the ECHR, and have no direct binding force in domestic law. The European Court relies on states' willingness to accept the ECHR and its judgments.

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