The European Court of Human Rights (ECHR)

There is a lot of talk at the moment about if the ECHR is fit for purpose.  Some say that without it, our entire evolution and understanding of human rights since WWII is lost, others say that the Court has evolved beyond its remit and is now infringing upon its members sovereignty, particularly in their abilities to prevent terrorism and other security threats.

This is certainly the current point of view of the UK Government, who have made it clear in recent days that they feel the Court needs to change.  The catalyst is of course that the UK currently holds the Chair of the Council of Europe, and has the political will and place to now effect change.  The other catalyst that has caused uproar is the recent judgement of the ECHR that the UK cannot deport the terrorist suspect Abu Qatada back to Jordan, after three UK trials determined that he is a risk and should be sent back.

David Cameron is right to seek change.  He is right to say that human rights laws are becoming distorted (see here) He is also right that the Court should be the last resort, and used where a national justice system is unable or unwilling to deal with or decide upon a case.

Europe agrees that there should be reform, although apparently doesn't much like the idea of deferring to national governments.  So, should the ECHR become supranational?  That's not what it is about; it is not the EU.  It is still based on intergovernmentalism, and David Cameron should perhaps consider the idea of withdrawing the UK from the Court if it continues to infringe on our sovereignty and put the country at risk.  These arguments are strong ones, and should not be disregarded on a whim.

Those who say that our voice would be lessened are thinking from a supranational perspective.  The UK is not about to abandon its commitment to, or respect for human rights.  Very likely the UK would remain in the Convention even if it were to withdraw from the Court.

It's true that where the court has helped UK human rights culture to evolve has to be acknowledged.  But we are now talking about putting our national security at risk, and the even more-worrying evolution of an institution that has gone beyond, and will continue to go beyond, its raison-d'etre, if not put in check.  Looking at the EU as the best example, I don't want to see this happen with the ECHR - that's where things may just get really dangerous.