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We need to talk about the ECHR...
(lemm.ee)
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this post was submitted on 15 Aug 2023
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UK Politics
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Can someone explain how exactly the ECHR protects us? Or anyone for that matter? The ECHR doesn't make laws in our country, that's just not how government works here. And I don't think it makes laws anywhere else either. So what exactly does it do and how does it do it?
Genuinely interested if anyone can explain.
https://www.echr.coe.int/documents/d/echr/questions_answers_eng#:~:text=The%20Court%20applies%20the%20European,or%2C%20sometimes%2C%20by%20States.
https://research.senedd.wales/research-articles/a-quick-guide-to-human-rights-in-wales/
As I see it, it’s like workers rights…a lot of people are like “I don’t need rights cause I don’t know anyone that’s died at work”. People haven’t died at work because we have those rights.
Thanks 🙏.
So basically complaints are make to the ECHR by individuals from states that have signed up to it. They hear the case and issue a judgement on whether they think a violation has occured. But they don't stop bad laws behind passed. They will only hear a case after the fact. Cheers.
There's a very broad area of what after the fact means.
Unjustly locked up? The echr can set you free.
About to be deported, to a country where you will be executed? You can appeal all the way up to the echr and they can block you from being deported until it's sorted.
Property about to be unjustly seized without compensation? You can often stonewall and resist seizure while appealing all the way up to the echr.
So they can and do act as an immediate remedy for harms. But they don't deal in hypotheticals, and it's fine to have all of these dumb things passed into law providing you don't try and act on them.
Also many human rights violations don't make it all the way to the echr. Knowing the way the echr will rule makes other judges reinterpret the law so it's consistent with our human rights. In the UK, they're obliged to do this.
Edit: you can tell it's useful because of all the politicians complaining about our rights.
As has been said elsewhere on this post, if you sign up to the ECHR you’re agreeing to apply these laws in your country.