Analysis of UK’s ECHR Membership in the Context of Sustainable Development Goals

Introduction: The European Convention on Human Rights (ECHR) and UK Governance

A review of the United Kingdom’s relationship with the European Convention on Human Rights (ECHR) indicates a complex history and a contentious present. Historical records show initial skepticism from the post-war Labour government, which feared the convention could impede nationalisation policies. Contemporary debate is driven by concerns that the ECHR frustrates national immigration control. This report analyses the implications of the UK’s ECHR membership through the lens of the United Nations Sustainable Development Goals (SDGs), focusing on governance, equality, and international partnerships.

Alignment with SDG 16: Peace, Justice, and Strong Institutions

The ECHR functions as a critical framework for achieving the objectives of SDG 16, which promotes peaceful, just, and inclusive societies with effective, accountable institutions. Its role is particularly significant for the UK’s constitutional environment.

• Institutional Accountability (SDG Target 16.6): As one of only three democracies without a codified constitution, the UK is susceptible to what has been termed “elective dictatorship.” The ECHR provides an essential external check on legislative and executive power, ensuring that governance remains accountable and transparent.
• Promoting Peace and Stability (SDG Target 16.1): The convention is a foundational component of the Good Friday Agreement in Northern Ireland. Its provisions offer symbolic and practical protections for the Catholic plurality, and withdrawal could severely strain the peace agreement, undermining efforts to build peaceful and inclusive societies.
• Protecting Fundamental Freedoms (SDG Target 16.10): The ECHR safeguards individual rights against parliamentary will during periods of “moral panic.” Historical precedents, such as legislation passed during the 1974 IRA bombing campaign, demonstrate that domestic law alone may not sufficiently protect freedoms when fear and prejudice are prevalent.

Upholding SDG 10: Reduced Inequalities

The ECHR is instrumental in advancing SDG 10, which calls for the reduction of inequality within and among countries. The convention provides legal recourse for minorities and vulnerable populations who may lack effective political representation.

1. Combating Discrimination (SDG Target 10.3): The European Court of Human Rights has a history of addressing discriminatory UK legislation. A key example is the 1968 Commonwealth Immigrants Act, which was found to have subjected Asian people in East Africa to “racial discrimination” amounting to “degrading treatment.” The ECHR provided a mechanism to rectify this historic inequality.
2. Protecting Migrants and Asylum Seekers (SDG Target 10.7): The convention protects the rights of asylum seekers against deportation to countries where they might face ill-treatment, contributing to the goal of safe and responsible migration. While this creates policy challenges regarding immigration control, it upholds a fundamental principle of non-refoulement.
3. Rights of Unpopular Minorities: The Human Rights Act 1998, which incorporates ECHR rights into UK law, has been pivotal in cases involving unpopular minorities such as asylum seekers, prisoners, and suspected terrorists. This ensures that human rights are applied universally, a core principle for reducing societal inequalities.

Policy Considerations and International Cooperation (SDG 17)

Addressing the challenges posed by the ECHR does not necessarily require withdrawal. A collaborative approach, in line with SDG 17 (Partnerships for the Goals), offers a path for reform and effective policy implementation.

• International Precedents: Other signatory nations, including Denmark and Sweden, have successfully implemented stringent immigration and asylum policies while remaining within the ECHR framework, demonstrating that national policy objectives can be pursued without exiting the convention.
• Mechanisms for Reform: The UK government can pursue domestic policy adjustments, such as tightening immigration rules to guide judicial interpretation of Article 8 (respect for family life). Furthermore, derogation from specific articles remains a legal possibility in exceptional circumstances.
• Partnerships for Reform (SDG Target 17.16): There is an emerging coalition of European leaders, including those from Denmark, Italy, and Poland, advocating for ECHR reform. Engaging in this multilateral dialogue presents an opportunity for the UK to shape the future of the convention collaboratively, rather than through unilateral withdrawal.

Analysis of the Article in Relation to Sustainable Development Goals

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions

  The article’s central theme is the role of the European Convention on Human Rights (ECHR) in upholding the rule of law and protecting fundamental freedoms in the UK. It discusses the importance of legal frameworks, the judiciary, and international agreements in preventing an “elective dictatorship” and ensuring justice for all, particularly for unpopular minorities. The connection to the Good Friday agreement also directly links the ECHR to maintaining peace.

• SDG 10: Reduced Inequalities

  The article explicitly addresses inequalities and discrimination. It cites historical examples of discriminatory legislation, such as the 1968 Commonwealth Immigrants Act, which was found to have subjected Kenyan Asians to “racial discrimination.” It also mentions discrimination against Catholics in Northern Ireland regarding housing and employment. Furthermore, the debate on immigration and asylum policies directly relates to the treatment and rights of migrants and refugees, a key aspect of reducing inequality.

• SDG 5: Gender Equality

  While not a primary focus, the article touches upon gender-specific vulnerabilities within the asylum process. By posing the question, “Would anyone wish to deport women to Afghanistan…?”, it highlights the unique and severe risks women can face, implicitly connecting the principles of non-refoulement to the protection of women from violence and ill-treatment.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

     The entire article is a discourse on this target. It debates the UK’s adherence to the ECHR, an international legal instrument, and the role of the Human Rights Act in domestic law. It discusses how these institutions provide access to justice for “unpopular minorities such as asylum seekers, prisoners and suspected terrorists.”

   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

     The ECHR is presented as a crucial international agreement for protecting fundamental freedoms in the UK, especially given the country’s lack of a codified constitution. The article argues that leaving the ECHR would make rights “almost entirely the responsibility of our sovereign parliament,” potentially weakening these protections.

   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.

     The discussion around the 1968 Commonwealth Immigrants Act, which was found to be discriminatory, and the subsequent legal challenge at the European Court of Human Rights, directly relates to the enforcement of non-discriminatory laws and policies.

2. SDG 10: Reduced Inequalities

   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices.

     The article provides a clear example of a discriminatory law in the 1968 Commonwealth Immigrants Act, which the European Court of Human Rights found subjected people to “racial discrimination.” It also mentions the “unfair allocation of council housing, discrimination in local government appointments and gerrymandering” in Northern Ireland as practices that created inequality.

   • Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.

     The article discusses various approaches to migration policy. It mentions that “Denmark and Sweden have recently taken draconian measures to restrict immigration” and that the UK government can “tighten the immigration rules.” This highlights the ongoing debate about what constitutes a “well-managed” migration policy within the framework of human rights law.

3. SDG 5: Gender Equality

   • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres.

     The rhetorical question about deporting women to Afghanistan implies a recognition of the gender-specific dangers, including violence and persecution, that women face. This connects the principles of asylum law to the broader goal of protecting women from harm.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Legal Rulings on Human Rights and Discrimination:

   The article explicitly mentions the 1973 ruling by the European Court of Human Rights, which found the UK’s 1968 legislation constituted “racial discrimination” and “degrading treatment.” Such legal judgments serve as a direct indicator of whether a country’s laws and policies are discriminatory (relevant to Target 10.3 and 16.b).

2. Asylum Application Statistics:

   The article cites specific figures, such as the reduction of asylum claims in Denmark to their “lowest level for 40 years” and a “23% fall in asylum applications” in Sweden between 2023 and 2024. These statistics are used as indicators of the impact of national immigration policies (relevant to Target 10.7).

3. Legislative Actions and Adherence to International Treaties:

   The UK’s potential withdrawal from the ECHR is presented as a critical measure. A country’s status as a signatory to and compliant member of international human rights conventions is a key indicator of its commitment to protecting fundamental freedoms (relevant to Target 16.10). Conversely, the act of giving “British citizenship to the 35,000 Asian people rendered stateless” is a quantifiable indicator of redressing past discriminatory policies.

SDGs, Targets, and Indicators Identified in the Article

Source: theguardian.com