The Story Should we ditch the European Convention on Human Rights?
Sep 3, 2025
Fraser Nelson, a political columnist for The Times, and Jonathan Ames, the legal editor at The Times, tackle the heated debate over the European Convention on Human Rights. They examine whether leaving the ECHR could truly influence asylum seeker numbers in the UK. Nelson critiques political motivations behind the proposal, while Ames unpacks the legal implications and historical significance of the ECHR. Together, they challenge listeners to reconsider the effectiveness of current asylum laws and the influence of international treaties on British justice.
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Human Rights Act Made Strasbourg Relevant
- The Human Rights Act 1998 incorporated ECHR rights into UK law and made domestic judges account for them routinely.
- Even with the Act, litigants can still take cases to the Strasbourg court as the final arbiter.
How ECHR Rights Affect Asylum Appeals
- Asylum applicants exhaust UK appeals before they can take human-rights claims to Strasbourg.
- Article 8 (family life) and the prohibition on torture are commonly invoked to resist deportation.
Practical Steps To Leave The ECHR
- The UK government could withdraw from the ECHR using prerogative powers but would likely seek parliamentary approval.
- Exiting would also require repealing the Human Rights Act, which needs an act of Parliament and pourrait face Lords opposition.