European Convention on Human Rights (ECHR): Immigration and Family Law

The ECHR (European Convention on Human Rights) is an international convention that protects the human rights of people in the countries that belong to European council.

UK along with all 47 states of the council signed this convention. Complete term of it is the “Convention for the Protection of Human Rights and Fundamental Freedoms”.  

What is European Council?

Council of Europe was formed in 1949 and is larger than & entirely separate from the EU (European Union). It consists of 47 members of states as compared to 28 members of state of EU. The United Kingdom became a member of council 24 years earlier than it joined the EU. The council membership of the UK will remain unaffected on the off chance that it left EU.

The convention comprises several articles protecting basic human rights. Through the Human rights Act 1998, the UK made these rights part of its domestic law.

How the Convention Came into Existence?

After the Second World War in order to promote democracy, protect law rule and human rights, the council of Europe was founded. The first task of the member states was to form a treaty in order to protect basic rights within their borders, including their own citizens and individuals from other nations.

Winston Churchill originally proposed, while the British lawyers drafted it. Universal Declaration of Human Rights of the United Nations was the basis of this convention. It was signed in 1950 in Rome and came into existence in 1953.

What Rights and Freedoms are Protected Under the Convention?

Specific rights and freedoms are guaranteed under the convention and it prohibits harmful and unfair practices.

It protects the following:

1.       the right to life (Article 2)

2.       freedom from torture (Article 3)

3.       freedom from slavery (Article 4)

4.       the right to liberty (Article 5)

5.       the right to a fair trial (Article 6)

6.       the right not to be punished for something that wasn’t against the law at the time (Article 7)

7.       the right to respect for family and private life (Article 8)

8.       freedom of thought, conscience and religion (Article 9)

9.       freedom of expression (Article 10)

10.   freedom of assembly (Article 11)

11.   the right to marry and start a family (Article 12)

12.   the right not to be discriminated against in respect of these rights (Article 14)

13.   the right to protection of property (Protocol 1, Article 1)

14.   the right to education (Protocol 1, Article 2)

15.   the right to participate in free elections (Protocol 1, Article 3)

16.   the abolition of the death penalty (Protocol 13)

Get in touch with an Immigration Lawyer London to know about the convention in detail.