After the Second World War, the Council of Europe created the ECHR in 1950 to safeguard fundamental rights across Europe. The United Kingdom was one of its founding members and played a major role in drafting it.

The Convention sets out a series of civil and political rights, enforced by the European Court of Human Rights (ECtHR) in Strasbourg. Individuals who believe their rights have been breached can bring a case against their government once all domestic legal remedies are exhausted.

Some of the most important articles include:

• Article 2 – Right to Life
  The state must protect life and investigate deaths involving public authorities.

• Article 3 – Prohibition of Torture
  No one shall be subjected to torture or inhuman or degrading treatment.

• Article 5 – Right to Liberty and Security
  People can only be detained according to lawful procedures.

• Article 6 – Right to a Fair Trial
  Everyone has the right to a fair and public hearing before an independent and impartial tribunal.

• Article 8 – Right to Respect for Private and Family Life
  Protects privacy, family relationships, correspondence, and home life.

• Article 10 – Freedom of Expression
  Allows people to express opinions, receive information, and communicate ideas.

• Article 11 – Freedom of Assembly and Association
  Protects the right to protest and join groups such as trade unions.

• Article 14 – Prohibition of Discrimination
  Ensures that the enjoyment of rights is free from unjustified discrimination.

Each right is qualified, limited, or absolute.

• Absolute rights (e.g. freedom from torture) cannot be restricted.

• Qualified rights (e.g. privacy, expression) can be restricted if necessary in a democratic society, proportionate, and prescribed by law.

• Limited rights apply only in certain circumstances, such as lawful detention under Article 5.

Before 1998, people had to take their cases to Strasbourg, a costly and time-consuming process. The Human Rights Act incorporated most Convention rights into UK law, allowing them to be enforced in domestic courts.

Under the HRA:

• Section 2: UK courts must take into account decisions of the ECtHR.

• Section 3: Legislation must, where possible, be interpreted in a way compatible with Convention rights.

• Section 4: If a law cannot be interpreted compatibly, the court may issue a declaration of incompatibility, signalling to Parliament that the law breaches human rights, but without striking it down.

• Section 6: It is unlawful for public authorities to act in a way incompatible with Convention rights, unless required by statute.

This preserves parliamentary sovereignty while giving individuals an effective domestic remedy for rights violations.