8.4B - the ECHR
The European Convention on Human Rights (ECHR) was drafted by the nations of the Council of Europe to help prevent conflict and integrated into the UK by the Human Rights Act of 1998; the ECHR remains controversial as some see it as an erosion of national sovereignty.
In Europe there is a further human rights treaty called the European Convention on Human Rights (ECHR). This:
- was written by the Council of Europe and adopted by its 47 member states.
- The Council of Europe is an international organisation set up in 1949 with the specific aims of upholding human rights, democracy and the rule of law in Europe.
- It is not the same as the EU - but has a close relationship with it
- pre-dates the founding of the EU in 1957
- established the European Court of Human Rights to uphold the ECHR and bring people or organisations abusing human rights to trial and justice
The ECHR was specifically set up to prevent conflict in Europe and the sort of atrocities committed during the World Wars. It is different to the UDHR, but they have similar aims and refer to similar rights.
In the UK
In the UK, the Human Rights Act 1998 took the rights enshrined in the ECHR and made them part of UK law. This makes it easier for citizens to have their human rights upheld in the UK, rather than having to take the UK government to court at the European Court of Human Rights in Strasbourg.
Remains controversial
The UDHR and ECHR are controversial to some people because of their impact on sovereignty. (idea that a country's government determines the laws and policies in that country, and no higher authority has supreme power)
- By signing international human rights treaties, sovereign states could be seen to be handing authority on human rights issues to a higher legal body (UN or Council of Europe)
- In the case of the ECHR, the European Council of Human Rights in Strasbourg has a higher legal power to make judgements than national courts.
Some have criticised the concept of 'human rights' as being Western, put into place after WW2 by European and North American politicians and thinkers.
They argue that this Western concept of human rights does not apply easily to Islamic or Asian cultures, which have different histories and traditions.
Are certain human rights universal?
Different cultures may take a different view of gender equality, or treat some crimes more/less seriously than other cultures.