Title page
Contents
Summary 5
1. Background 8
2. The European Court of Human Rights and its relationship with the United Kingdom 13
2.1. The European Court of Human Rights 13
Judges 13
Structure 14
2.2. The life of a case before the European Court of Human Rights 14
Stage 1: National-level proceedings 14
Stage 2: Admissibility 15
Stage 3: Substantive judgment (merits) 17
Stage 4: Judgment execution 22
2.3. The Government's internal processes relating to the European Court of Human Rights 25
2.4. Reform of the European Court of Human Rights 26
3. Debate over reform of the Human Rights Act 31
3.1. Position of the main political parties on the UK's human rights framework 31
Timeline of discussions about a 'British Bill of Rights' 31
3.2. Wider debate about reform of the HRA 33
Opposition to the HRA 33
Support for the HRA 35
4. Developments since the 2019 election 37
4.1. The Independent Human Rights Act Review 37
Outcome of the review 37
Government consultation: A Modern Bill of Rights 39
4.2. The Bill of Rights Bill 43
The role of the courts 43
The role of Parliament: Statements of compatibility 44
Public authorities: Limiting positive obligations 45
Procedure: new permission stage 45
Remedies 45
Balancing rights 46
Extra territorial application 47
Interim measures of the European Court of Human Rights 48
4.3. Reaction to the Bill of Rights Bill 48
Scrutiny by the Joint Committee on Human Rights 51
5. What next? 53
5.1. Measures taken forward in other legislation 53
Safety of Rwanda (Asylum and Immigration) Bill 53
Illegal Migration Act 2023 55
Victims and Prisoners Bill 56
Northern Ireland Troubles Act 2023 and Overseas Operations Act 2021 56
5.2. Impact on the UK's human rights framework 57
How might the UK respond to an adverse ruling from the ECtHR? 59
The ECHR and British foreign policy 61
5.3. Could the UK withdraw from the ECHR? 63
Would it require legislation to leave the ECHR? 64
What would it mean for the devolution settlements? 66
Implications for the Belfast/Good Friday Agreement 67
What would it mean for the Trade and Cooperation Agreement with the EU? 68