Pros and Cons of the European Convention on Human Rights

The European Convention on Human Rights (ECHR), established in 1950, is a landmark treaty that aims to protect human rights and fundamental freedoms across Europe. Ratified by 47 member states of the Council of Europe, the ECHR has significantly influenced the development of human rights law and practice in Europe. Despite its many achievements, the convention also faces various criticisms and challenges. This article explores the pros and cons of the ECHR.

Pros of the ECHR

1. Comprehensive Protection of Human Rights
The ECHR provides a comprehensive framework for the protection of human rights and fundamental freedoms. It covers a wide range of civil and political rights, including the right to life, prohibition of torture, right to a fair trial, and freedom of expression. By setting these standards, the convention ensures that individuals across Europe have access to essential human rights protections.

2. Legal Recourse and Accountability
One of the significant strengths of the ECHR is that it offers individuals the right to take cases to the European Court of Human Rights if they believe their rights under the convention have been violated. This legal recourse ensures that states are held accountable for human rights abuses and provides a crucial avenue for individuals seeking justice. The possibility of bringing cases before an international court enhances the accountability of national governments.

3. Influence on National Legislation
The ECHR has a profound impact on national legislation and judicial practices in member states. By interpreting and applying the convention, the European Court of Human Rights influences domestic laws, often prompting states to amend their legislation to comply with the court’s rulings. This harmonisation of human rights standards across Europe promotes legal consistency and strengthens the rule of law.

4. Promotion of Peace and Stability
The ECHR contributes to peace and stability in Europe by fostering respect for human rights and the rule of law. By promoting these principles, the convention helps prevent conflicts and protect individuals from state abuses. The ECHR's role in ensuring that states adhere to human rights standards enhances regional stability and cooperation.

5. Encouragement of Social Progress
The ECHR plays a crucial role in advancing social progress by addressing issues such as discrimination, gender equality, and LGBTQ+ rights. The convention’s protections and the European Court of Human Rights’ interpretations often lead to legal and societal changes that promote greater inclusion and equality. This progressive impact drives social transformation across member states.

6. Promotion of International Cooperation
The ECHR fosters international cooperation among its member states. It encourages collaboration and mutual support in addressing human rights issues. This cooperation extends beyond legal and judicial matters, promoting shared values and understanding across Europe. The ECHR helps create a more unified and cohesive approach to tackling human rights challenges, enhancing solidarity and collective action among member states.

Cons of the ECHR

1. Sovereignty Concerns
One of the primary criticisms of the ECHR is that it can be perceived as infringing on national sovereignty. Some member states feel that the convention and the European Court of Human Rights impose external standards that interfere with their domestic legal and political systems. This tension can lead to resistance and challenges in implementing the court’s rulings.

2. Implementation Variability
While the European Court of Human Rights (ECtHR) sets binding legal standards, the implementation of its rulings varies significantly across member states. Some countries may delay or resist compliance with the ECtHR’s decisions, leading to inconsistent protection of human rights. This variability undermines the convention’s effectiveness and the uniform application of human rights standards. 

3. Backlog and Delays
The European Court of Human Rights faces a significant backlog of cases, resulting in lengthy delays for applicants seeking justice. The high volume of cases places immense pressure on the court’s resources and can delay the resolution of human rights complaints for years. This backlog affects the timely delivery of justice and can be frustrating for individuals awaiting decisions.

4. Perceived Judicial Activism
Critics argue that the European Court of Human Rights sometimes engages in judicial activism by interpreting the ECHR too broadly. This expansive interpretation can create new obligations for member states that were not originally envisaged by the convention’s drafters. Such perceptions of overreach can lead to tensions between the court and national governments, challenging the court’s legitimacy and authority.

5. Limited Public Awareness
There is often limited public awareness and understanding of the ECHR and its mechanisms. Many individuals within member states are not fully informed about their rights under the convention or how to access the European Court of Human Rights. This lack of awareness can result in underutilisation of the convention’s protections and limit its impact on improving human rights conditions.

6. Limited Enforcement Mechanisms
While the ECtHR can issue judgments and rulings, it relies on member states to voluntarily implement these decisions. The Committee of Ministers of the Council of Europe oversees the implementation, but it lacks strong coercive powers to ensure compliance. This limitation can result in inconsistent enforcement of the ECtHR's judgments, reducing the overall effectiveness of the ECHR. For example, the UK Supreme Court in R v Horncastle (2009) rejected the rule concerning the admissibility of hearsay evidence established by ECtHR.

The ECHR is a cornerstone of human rights protection in Europe, offering comprehensive protections, legal recourse, and promoting social progress. However, it also faces challenges, including concerns about national sovereignty, variability in implementation, judicial backlog, perceptions of judicial activism, and limited public awareness. Addressing these weaknesses while building on its strengths is essential for the ECHR to continue effectively protecting and promoting human rights across Europe.