Explainer: compliance with the European Convention on Human Rights: the UK and Europe

Blog

Donald, A. and Grogan, J. 2025. Explainer: compliance with the European Convention on Human Rights: the UK and Europe. UK in a Changing Europe.
TypeBlog
TitleExplainer: compliance with the European Convention on Human Rights: the UK and Europe
AuthorsDonald, A. and Grogan, J.
Abstract

The European Convention on Human Rights (ECHR) is an international human rights treaty that protects the rights of everyone within or affected by the actions of the 46 states, including the UK, that belong to the Council of Europe. The ECHR is not an EU treaty, and the Council of Europe is not an EU body.

This explainer examines the UK’s relationship with the ECHR system in 2024 – how often the European Court of Human Rights (ECtHR) in Strasbourg finds that the UK has violated human rights and on what issues, and how far the UK complies with those rulings. It compares the UK’s record with other European states.

KeywordsECHR; human rights; compliance; judgments; Council of Europe
Sustainable Development Goals16 Peace, justice and strong institutions
Middlesex University ThemeHealth & Wellbeing
Publication or CollectionUK in a Changing Europe
PublisherUK in a Changing Europe
Publication dates
Online12 Feb 2025
Publication process dates
Accepted12 Feb 2025
Deposited27 Feb 2025
Output statusPublished
Web address (URL)https://ukandeu.ac.uk/explainers/explainer-the-european-convention-on-human-rights-echr/
LanguageEnglish
Permalink -

https://repository.mdx.ac.uk/item/210z77

Log in to edit
  • 3
    total views
  • 0
    total downloads
  • 3
    views this month
  • 0
    downloads this month

Export as

Related outputs

Explainer: Leaving the European Convention on Human Rights
Donald, A. and Grogan, J. 2024. Explainer: Leaving the European Convention on Human Rights. UK in a Changing Europe.
Explainer: The UK’s ECHR record: how common are Rule 39 orders and how often is the UK found to have violated rights?
Donald, A. and Grogan, J. 2024. Explainer: The UK’s ECHR record: how common are Rule 39 orders and how often is the UK found to have violated rights? UK in a Changing Europe.
Earning deference from Strasbourg: Has the UK got the message?
Donald, A. 2022. Earning deference from Strasbourg: Has the UK got the message? The Human Rights Act After 22 Years: Evolution, Impact, Future Directions. Goodenough College, London, WC1N 2AB 03 - 04 Nov 2022
Defeat in the Supreme Court: where next for UK asylum policy?
Donald, A. and Grogan, J. 2023. Defeat in the Supreme Court: where next for UK asylum policy? Verfassungsblog.
Explainer: What are the Rwanda Treaty and the Safety of Rwanda (Asylum and Immigration) Bill?
Donald, A. and Grogan, J. 2023. Explainer: What are the Rwanda Treaty and the Safety of Rwanda (Asylum and Immigration) Bill? UK in a Changing Europe.
Explainer: The Illegal Migration Act 2023
Donald, A. and Grogan, J. 2023. Explainer: The Illegal Migration Act 2023. UK in a Changing Europe.
Explainer: Compliance with the European Convention on Human Rights: the UK and Europe
Donald, A. and Grogan, J. 2023. Explainer: Compliance with the European Convention on Human Rights: the UK and Europe. UK in a Changing Europe.
Explainer: The Illegal Migration Bill
Donald, A. and Grogan, J. 2023. Explainer: The Illegal Migration Bill. UK in a Changing Europe.
The UK vs the ECtHR: Anatomy of a politically engineered collision course
Donald, A. and Leach, P. 2023. The UK vs the ECtHR: Anatomy of a politically engineered collision course. Verfassungsblog. https://doi.org/10.17176/20230505-204527-0
Responding to seismic change in Europe—The road to Reykjavik and beyond
Donald, A. and Leach, P. 2023. Responding to seismic change in Europe—The road to Reykjavik and beyond. European Human Rights Law Review. 2023 (2), pp. 95-111.
Adapt or Die? The Council of Europe seeks new ideas to address ‘seismic change’
Donald, A. and Leach, P. 2023. Adapt or Die? The Council of Europe seeks new ideas to address ‘seismic change’. Verfassungsblog.
Explainer: the Bill of Rights Bill
Donald, A. 2022. Explainer: the Bill of Rights Bill. ukandeu.ac.uk.
Why the Bill of Rights poses problems for human rights in Europe – and the UK’s international standing
Donald, A. and Leach, P. 2022. Why the Bill of Rights poses problems for human rights in Europe – and the UK’s international standing. ukandeu.ac.uk.
Joelle Grogan, review of Miguel Poiares Maduro and Paul W. Kahn, eds., Democracy in Times of Pandemic: Different Futures Imagined [Book review]
Grogan, J. 2022. Joelle Grogan, review of Miguel Poiares Maduro and Paul W. Kahn, eds., Democracy in Times of Pandemic: Different Futures Imagined [Book review]. International Journal of Constitutional Law. 20 (1), pp. 521-525. https://doi.org/10.1093/icon/moac028
Public health is not the only measure of success. The ‘health’ of democratic institutions matters too
Donald, A. and Grogan, J. 2022. Public health is not the only measure of success. The ‘health’ of democratic institutions matters too. London School of Economics and Political Science.
COVID‑19, the rule of law and democracy. Analysis of legal responses to a global health crisis
Grogan, J. 2022. COVID‑19, the rule of law and democracy. Analysis of legal responses to a global health crisis. Hague Journal on the Rule of Law. 14 (2-3), pp. 349-369. https://doi.org/10.1007/s40803-022-00168-8
Policy paper on the implications of COVID-19: Insights into state governance and the rule of law, human rights and good governance during the COVID-19 pandemic
Grogan, J. and Donald, A. 2022. Policy paper on the implications of COVID-19: Insights into state governance and the rule of law, human rights and good governance during the COVID-19 pandemic. Leuven European Commission.
Rule of law in peril? Checking states’ misuse of power–implications and consequences of article 18 violations
Donald, A. and Leach, P. 2022. Rule of law in peril? Checking states’ misuse of power–implications and consequences of article 18 violations. in: Liber Amicorum Robert Spano Eleven Publishing. pp. 401-413
The rule of law as the perimeter of legitimacy for COVID-19 responses
Grogan, J. and Beqiraj, J. 2022. The rule of law as the perimeter of legitimacy for COVID-19 responses. in: Grogan, J. and Donald, A. (ed.) Routledge Handbook of Law and the COVID-19 Pandemic Abingdon, Oxon Routledge. pp. 201-213
(Un)Governing: COVID-19 response in the UK
Grogan, J. 2022. (Un)Governing: COVID-19 response in the UK. in: Grogan, J. and Donald, A. (ed.) Routledge Handbook of Law and the COVID-19 Pandemic Routledge. pp. 60-71
Lessons for a 'post-pandemic' future
Grogan, J. and Donald, A. 2022. Lessons for a 'post-pandemic' future. in: Grogan, J. and Donald, A. (ed.) Routledge Handbook of Law and the COVID-19 Pandemic Abingdon, Oxon Routledge. pp. 473-484
Human Rights - the essential frame of reference in response to the COVID-19 pandemic
Donald, A. and Leach, P. 2022. Human Rights - the essential frame of reference in response to the COVID-19 pandemic. in: Grogan, J. and Donald, A. (ed.) Routledge Handbook on Law and the COVID-19 pandemic Abingdon, Oxon Routledge. pp. 101-116
The limited role of the European Union in the management and governance of the COVID-19 pandemic
Grogan, J. 2021. The limited role of the European Union in the management and governance of the COVID-19 pandemic. International Organizations Law Review. 18 (3), pp. 482-506. https://doi.org/10.1163/15723747-18030008
Principled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]
Donald, A. 2020. Principled resistance to ECtHR Judgments – A New Paradigm?, edited by Marten Breuer [Book review]. European Convention on Human Rights Law Review. 1 (2), pp. 297-302. https://doi.org/10.1163/26663236-00102003
Time for the gloves to come off?: The response by the Parliamentary Assembly of the Council of Europe to rule of law backsliding
Donald, A. and Speck, A. 2021. Time for the gloves to come off?: The response by the Parliamentary Assembly of the Council of Europe to rule of law backsliding. European Convention on Human Rights Law Review. 2 (2), pp. 241-273. https://doi.org/10.1163/26663236-bja10025
Compliance in the UK in the age of subsidiarity
Donald, A. 2021. Compliance in the UK in the age of subsidiarity. in: Grote, R., Morales Antoniazzi, M. and Paris, D. (ed.) Research Handbook on Compliance in International Human Rights Law Edward Elgar Publishing . pp. 202-223
Engaging with Europe after Brexit: Time to reset the UK’s relationship with the Council of Europe
Donald, A. and Leach, P. 2020. Engaging with Europe after Brexit: Time to reset the UK’s relationship with the Council of Europe. London, UK Foreign Policy Centre.
[Introductory note to] Joined Cases A. K. v. Krajowa Rada Sądownictwa (C-585/18) and CP (C-624/18), DO (C-625/18) v. Sąd Najwyższy (C.J.E.U.)
Grogan, J. 2020. [Introductory note to] Joined Cases A. K. v. Krajowa Rada Sądownictwa (C-585/18) and CP (C-624/18), DO (C-625/18) v. Sąd Najwyższy (C.J.E.U.). International Legal Materials. 59 (3), pp. 459-486. https://doi.org/10.1017/ilm.2020.24
Identifying and assessing the implementation of human rights decisions
Donald, A., Long, D. and Speck, A. 2020. Identifying and assessing the implementation of human rights decisions. Journal of Human Rights Practice. 12 (1), pp. 125-148. https://doi.org/10.1093/jhuman/huaa003
The dynamics of domestic human rights implementation: lessons from qualitative research in Europe
Donald, A. and Speck, A. 2020. The dynamics of domestic human rights implementation: lessons from qualitative research in Europe. Journal of Human Rights Practice. 12 (1), pp. 48-70. https://doi.org/10.1093/jhuman/huaa007
States of emergency: analysing global use of emergency powers in response to COVID-19
Grogan, J. 2020. States of emergency: analysing global use of emergency powers in response to COVID-19. European Journal of Law Reform. 22 (4), pp. 338-354. https://doi.org/10.5553/EJLR/138723702021022004002
Right restriction or restricting rights? The UK acts to address COVID-19
Grogan, J. 2020. Right restriction or restricting rights? The UK acts to address COVID-19. Berlin, Germany Verfassungsblog. https://doi.org/10.17176/20200417-182523-0
States of emergency
Grogan, J. 2020. States of emergency. Berlin, Germany Verfassungsblog. https://doi.org/10.17176/20200526-133657-0
The only certainty is uncertainty - risk to rights in the Brexit process
Grogan, J. 2019. The only certainty is uncertainty - risk to rights in the Brexit process. in: Fahey, E. and Ahmed, T. (ed.) On Brexit: Law, Justices and Injustices Edward Elgar Publishing. pp. 65-80
Upholding the rule of law in the EU: what role for the FRA?
Pech, L. and Grogan, J. 2019. Upholding the rule of law in the EU: what role for the FRA? in: Byrne, R. and Entzinger, H. (ed.) Human Rights Law and Evidence-Based Policy: The Impact of the EU Fundamental Rights Agency London, UK Routledge. pp. 219-236
EU external Human Rights policy
Pech, L. and Grogan, J. 2020. EU external Human Rights policy. in: Wessel, R. and Larik, J. (ed.) EU External Relations Law: text, cases and materials Oxford, UK Hart Publishing. pp. 327-364
Rights and remedies at risk: Implications of the Brexit process on the future of rights in the UK
Grogan, J. 2019. Rights and remedies at risk: Implications of the Brexit process on the future of rights in the UK. Public Law. 2019 (Oct), pp. 683-702.
Three fast lessons and three slow lessons for UK democracy in 2019 [Blog post]
Grogan, J. 2019. Three fast lessons and three slow lessons for UK democracy in 2019 [Blog post]. Democratic Audit.
In terms of Brexit
Grogan, J. 2018. In terms of Brexit. in: Dunleavy, P., Park, A. and Taylor, R. (ed.) The UK's Changing Democracy LSE Press. pp. 256-263
The European Court of Human Rights’ remedial practice and its impact on the execution of judgments
Donald, A. and Speck, A. 2019. The European Court of Human Rights’ remedial practice and its impact on the execution of judgments. Human Rights Law Review. 19 (1), pp. 83-117. https://doi.org/10.1093/hrlr/ngy043
National parliaments as guarantors of human rights in Europe: handbook for parliamentarians
Donald, A. and Speck, A. 2018. National parliaments as guarantors of human rights in Europe: handbook for parliamentarians. Strasbourg Council of Europe.
The Lords have just raised the bar on the defence of rights and the rule of law in the Brexit process [Blog post]
Grogan, J. 2018. The Lords have just raised the bar on the defence of rights and the rule of law in the Brexit process [Blog post]. LSE Brexit Blog.
The good, the bad, and the ugly arguments for ditching the EU Charter of Fundamental Rights [Blog post]
Grogan, J. 2018. The good, the bad, and the ugly arguments for ditching the EU Charter of Fundamental Rights [Blog post]. LSE Brexit Blog.
Legislation that is and is not: the deeply problematic Repeal Bill [Blog post]
Grogan, J. 2017. Legislation that is and is not: the deeply problematic Repeal Bill [Blog post]. LSE Brexit Blog.
In terms of Brexit
Grogan, J. 2017. In terms of Brexit. in: Dunleavy, P. and Taylor, R. (ed.) The 2017 Audit of UK Democracy The London School of Economics. pp. 175-182
Rights on the chopping block: the Great Repeal Bill and the ghost of Henry VIII
Grogan, J. 2016. Rights on the chopping block: the Great Repeal Bill and the ghost of Henry VIII. EU Analysis Blog.
Copenhagen: keeping on keeping on. A reply to Mikael Rask Madsen and Jonas Christoffersen on the draft Copenhagen declaration [Blog post]
Leach, P. and Donald, A. 2018. Copenhagen: keeping on keeping on. A reply to Mikael Rask Madsen and Jonas Christoffersen on the draft Copenhagen declaration [Blog post]. EJIL-talk!: Blog of the European Journal of International Law.
A wolf in sheep’s clothing: why the draft copenhagen declaration must be rewritten
Donald, A. and Leach, P. 2018. A wolf in sheep’s clothing: why the draft copenhagen declaration must be rewritten. EJIL-talk!: Blog of the European Journal of International Law.
Introduction
Donald, A., Buckley, C. and Leach, P. 2016. Introduction. in: Buckley, C., Donald, A. and Leach, P. (ed.) Towards Convergence in International Human Rights Law: Approaches of Regional and International Systems De Gruyter Brill.
Suffering from withdrawal - controversy in the UK European Union (Withdrawal) Bill
Grogan, J. 2018. Suffering from withdrawal - controversy in the UK European Union (Withdrawal) Bill. Berlin, Germany Verfassungsblog.
Parliaments as compliance partners in the European Convention on Human Rights system
Donald, A. 2017. Parliaments as compliance partners in the European Convention on Human Rights system. in: Saul, M., Follesdal, A. and Ulfstein, G. (ed.) The International Human Rights Judiciary and National Parliaments: Europe and Beyond Cambridge Cambridge University Press (CUP). pp. 75-109
A democratic defence of the European Court of Human Rights
Donald, A. and Leach, P. 2016. A democratic defence of the European Court of Human Rights. Oxford University Press (OUP).
Role of national parliaments
Donald, A. and PluriCourts and the Council of Europe 2014. Role of national parliaments. Conference on the Long-Term Future of the European Court of Human Rights. Oslo 07 - 08 Apr 2014 Council of Europe, PluriCourts. pp. 178-185
The role of parliaments in implementing ECHR standards: overview of existing structures and mechanisms
Donald, A. and Parliamentary Assembly of the Council of Europe 2015. The role of parliaments in implementing ECHR standards: overview of existing structures and mechanisms. Strasbourg Parliamentary Assembly of the Council of Europe.
The right to freedom of religion or belief and its intersection with other rights
Donald, A., Howard, E. and ILGA-Europe 2015. The right to freedom of religion or belief and its intersection with other rights. Brussels, Belgium ILGA-Europe.
Identifying human rights stories: a scoping study
Donald, A. and Mottershaw, E. 2014. Identifying human rights stories: a scoping study. London Middlesex University.
Parliaments and the European Court of Human Rights
Donald, A. and Leach, P. 2016. Parliaments and the European Court of Human Rights. Oxford Oxford University Press (OUP).
Evaluating the impact of selected cases under the Human Rights Act on public services provision
Donald, A., Mottershaw, E., Leach, P. and Watson, J. 2009. Evaluating the impact of selected cases under the Human Rights Act on public services provision. Manchester, UK Equality and Human Rights Commission.
Poverty, inequality and human rights: do human rights make a difference?
Donald, A. and Mottershaw, E. 2009. Poverty, inequality and human rights: do human rights make a difference? Joseph Rowntree Foundation.
Developing a Bill of Rights for the UK
Donald, A. 2010. Developing a Bill of Rights for the UK. Manchester, UK Equality and Human Rights Commission.
Religion or belief, equality and human rights in England and Wales
Donald, A. 2012. Religion or belief, equality and human rights in England and Wales. Manchester, UK Equality and Human Rights Commission.
Debating social rights [Book review]
Donald, A. 2012. Debating social rights [Book review]. Public Law. 2012 (Apr), pp. 370-374.
Opinion: a Bill of Rights for the UK? Why the process matters
Donald, A. 2010. Opinion: a Bill of Rights for the UK? Why the process matters. European Human Rights Law Review. 5, pp. 459-464.
Religion or belief in the workplace and service delivery: findings from a call for evidence
Mitchell, M., Beninger, K., Donald, A., Howard, E. and NatCen Social Research 2015. Religion or belief in the workplace and service delivery: findings from a call for evidence. Equality and Human Rights Commission.
The implementation of judgments of the European Court of Human Rights against the UK: unravelling the paradox
Donald, A. 2015. The implementation of judgments of the European Court of Human Rights against the UK: unravelling the paradox. in: Ziegler, K., Wicks, E. and Hodson, L. (ed.) The UK and European Human Rights: A Strained Relationship? Oxford Hart. pp. 135-162
The role of parliaments following judgments of the European Court of Human Rights
Donald, A. and Leach, P. 2015. The role of parliaments following judgments of the European Court of Human Rights. in: Hunt, M., Hooper, H. and Yowell, P. (ed.) Parliaments and Human Rights: Redressing the Democratic Deficit Oxford Hart. pp. 59-92
The implementation and impact of the Human Rights Act 1998 in the UK
Donald, A. 2014. The implementation and impact of the Human Rights Act 1998 in the UK. PhD thesis Middlesex University School of Law
The UK and the European Court of Human Rights
Donald, A., Gordon, J. and Leach, P. 2012. The UK and the European Court of Human Rights. Equality and Human Rights Commission.
A Bill of Rights for the United Kingdom? Lessons from overseas
Donald, A. 2013. A Bill of Rights for the United Kingdom? Lessons from overseas. in: Masterman, R. and Leigh, I. (ed.) The United Kingdom's statutory Bill of Rights: constitutional and comparative perspectives Oxford, UK Oxford University Press (OUP).
Advancing debate about religion or belief, equality and human rights: grounds for optimism?
Donald, A. 2013. Advancing debate about religion or belief, equality and human rights: grounds for optimism? Oxford Journal of Law and Religion. 2 (1), pp. 50-71. https://doi.org/10.1093/ojlr/rwt002
Limits and achievements of the Human Rights Act from the socio-economic point of view: the HRA, poverty and social exclusion
Donald, A. and Mottershaw, E. 2012. Limits and achievements of the Human Rights Act from the socio-economic point of view: the HRA, poverty and social exclusion. in: Kang-Riou, N., Milner, J. and Nayak, S. (ed.) Confronting the Human Rights Act: Contemporary Themes and Perspectives London and New York Routledge. pp. 141-158
Evaluating the impact of human rights litigation on policy and practice: a case study of the UK
Donald, A. and Mottershaw, E. 2009. Evaluating the impact of human rights litigation on policy and practice: a case study of the UK. Journal of Human Rights Practice. 1 (3), pp. 339-361. https://doi.org/10.1093/jhuman/hup019