Pulling the UK out of the ECHR? Polls have shown that 70% of people do not want this. We are already a polarised society and this would create even more division.
The following are some potential effects of leaving:
Loss of Access to the European Court of Human Rights
UK citizens would no longer be able to take human rights cases to the Strasbourg Court after exhausting domestic remedies.This removes a key layer of external accountability for the UK government.
Undermining the Human Rights Act (1998)
The Human Rights Act (HRA) incorporates the ECHR into UK law. Leaving the ECHR would almost certainly require repealing or significantly rewriting the HRA. Courts could no longer interpret UK laws in line with ECHR rights, reducing protections.
Impact on Devolved Administrations
The ECHR is embedded in the Good Friday Agreement (Northern Ireland), and in the legal frameworks of Scotland and Wales. Withdrawal could breach the Good Friday Agreement and lead to constitutional tensions, possibly encouraging calls for independence.
Breaching International Agreements
The Good Friday Agreement and some aspects of the UK–EU Trade and Cooperation Agreement assume continued adherence to the ECHR. Leaving may be viewed as a breach of international law or undermine trust in UK treaty commitments.
Impact on EU Relations
The ECHR is not part of the EU, but EU agreements with non-member countries often require compliance with it. Leaving the ECHR could damage UK–EU cooperation on:
• Data sharing
• Criminal justice
• Extradition (e.g. the UK’s replacement for the European Arrest Warrant)
Reputation and Soft Power
The UK has historically played a leading role in promoting human rights. Withdrawal could damage the UK’s global image as a defender of the rule of law and human rights. It could align the UK more closely with countries like Russia or Belarus, which are not part of the ECHR.
Impact on Individuals
Reduced Legal Protections
Rights such as:
•Freedom from torture (Article 3)
•Right to a fair trial (Article 6)
•Right to privacy (Article 8)
•Protection from discrimination (Article 14)
could be weakened or harder to enforce.
Increased Executive Power
With less judicial oversight, government decisions may face fewer legal checks, especially in sensitive areas like:
• Immigration and asylum
• Policing and surveillance
• Prisoner rights
Polarisation and Division
Leaving the ECHR would likely deepen political divides both within Parliament and across the UK public. It may become a focal point in broader debates about sovereignty, Brexit, and judicial overreach.
Devolution and Independence Movements
Leaving could inflame support for Scottish independence and Irish reunification, especially if people feel their rights are being eroded.