Examining 10 reasons to stay in the European Convention on Human Rights: informing public debate in the UK

Discussion paper

Donald, A., Leach, P., Cali, B., Grogan, J. and Adelmant, V. 2025. Examining 10 reasons to stay in the European Convention on Human Rights: informing public debate in the UK. Oxford, UK Bonavero Institute of Human Rights .
TypeDiscussion paper
TitleExamining 10 reasons to stay in the European Convention on Human Rights: informing public debate in the UK
AuthorsDonald, A., Leach, P., Cali, B., Grogan, J. and Adelmant, V.
Abstract

2025 marks two significant anniversaries: the 75th year of the European Convention on Human Rights (ECHR) and 25 years since the Human Rights Act (HRA) gave legal effect to the Convention in the UK. This year has also seen proposals made by Reform UK and the Conservative Party to take the UK out of the ECHR, a step no democracy has ever taken. The pro-withdrawal narrative has been amplified in media reporting which, analysis reveals, is overwhelmingly negative about the ECHR and HRA and dominated by often inaccurate or misleading reporting of the purported impact of the ECHR on immigration control. This report identifies and examines 10 reasons why the UK should stay in the ECHR, and addresses the counterarguments, based on a comprehensive review of evidence derived from a wide range of sources. These include the everyday practice of public authorities, UK law and constitutional arrangements, case law of UK courts and the European Court of Human Rights, UK and Council of Europe institutional arrangements, UK domestic and foreign policy, international treaties including the Belfast/Good Friday Agreement as well as post-Brexit agreements, and academic and other expert literature.

KeywordsECHR; Human Rights Act; democracy; Northern Ireland; accountability; positive obligations; living instrument
Sustainable Development Goals16 Peace, justice and strong institutions
Middlesex University ThemeHealth & Wellbeing
Research GroupLaw and Politics
PublisherBonavero Institute of Human Rights
Place of publicationOxford, UK
Publication dates
Print10 Dec 2025
Publication process dates
Accepted11 Nov 2025
Deposited16 Dec 2025
Output statusPublished
Additional information

Bonavero Report 5/2025

Web address (URL)https://www.law.ox.ac.uk/examining-10-reasons-to-stay-in-the-echr/examining-10-reasons-stay-european-convention-human-rights
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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
The Chechen conflict: analysing the oversight of the European Court of Human Rights
Leach, P. 2008. The Chechen conflict: analysing the oversight of the European Court of Human Rights. European Human Rights Law Review. 2008 (6), pp. 732-761.
International human rights & fact-finding: an analysis of the fact-finding missions conducted by the European Commission and Court of Human Rights
Leach, P., Paraskeva, C. and Uzelac, G. 2009. International human rights & fact-finding: an analysis of the fact-finding missions conducted by the European Commission and Court of Human Rights. London, UK Human Rights & Social Justice Research Institute, London Metropolitan University.
South Ossetia (2008)
Leach, P. 2012. South Ossetia (2008). in: Wilmshurst, E. (ed.) International law and the classification of conflicts Oxford, UK Oxford University Press (OUP). pp. 317-355
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.
Responding to systemic human rights violations: an analysis of pilot judgments of the European Court of Human Rights and their impact at national level
Leach, P., Hardman, H., Stephenson, S. and Blitz, B. 2010. Responding to systemic human rights violations: an analysis of pilot judgments of the European Court of Human Rights and their impact at national level. Intersentia.
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