Business Law – The UK at the European Court of Human Rights


Please have a read through the information provided below and answer the question with relevant references.

“A number of posts have made me think of the HRA and Brexit. And how much of a sovereignty problem does the Convention and Court pose for the UK?

With the forthcoming departure from the European Union, or Brexit as we know it by, what might the consequences be for the UK? Do we think that question is

likely to remain a matter of dispute? The number of cases in which the European Court of Human Rights finds against the UK Government is very small indeed

but the question of the final word is still very contentious.

The Council of Europe and the EU require that Member States respect human rights. In practice, this has meant ratifying or acceding to the European

Convention. If we are no longer in the EU how does that affect us with the CoE and will we still be part of it? As the CoE require sign up to the

convention, will we still need to adhere to it if we are no longer an EU member state, or outside of the CoE? It would seem that a UK withdrawal from the

Convention might leave UK courts in the position of not applying the Convention as part of UK law (as at present they are required to do under the Human

Rights Act), and if no longer in the EU, will the negotiations include provision for application in regards to UK Law without having to apply it EU law?