European Convention on Human Rights

Introduction

The **European Convention on Human Rights ('ECHR')** is an internationally binding treaty, adopted in **1950** and drawn up by the **Council of Europe**. This chapter explains what the ECHR is, how it differs from EU law, and how it is enforced by the **European Court of Human Rights ('ECtHR')** in Strasbourg. It introduces the **three categories of Convention rights** — **absolute, limited and qualified** — and the tests a state must satisfy to interfere lawfully with a **qualified right** (**prescribed by law**, **legitimate aim**, **necessary in a democratic society**). It also covers the **proportionality test** (**Huang** and **Bank Mellat**), the role of the **Human Rights Act 1998 ('HRA')**, derogation under **Article 15** and reservations under **Article 57**.

Assessment focus

For the SQE1 FLK1 assessment you must be able to **classify a Convention right** as absolute, limited or qualified, and to **apply the correct test** to a client scenario. The most heavily examined point is the **four-stage proportionality test** for interference with a **qualified right** — candidates must distinguish the **full Bank Mellat test** (which includes the final **fair-balance** stage) from the three-stage formulation and from **Wednesbury** unreasonableness. You should also be able to explain the relationship between the **HRA 1998** and the **ECHR** (interpretation under s 3 and the **Declaration of Incompatibility**), and to recognise the conditions for **derogation under Article 15** and **reservations under Article 57**. Questions are single best answer questions ('SBAQs') set in realistic client scenarios; this is a closed-book assessment, so recall the categories, tests and key authorities from memory.

Study tips

1) Memorise the **three categories** of right: **absolute** (e.g. Art 2 life, Art 3 torture), **limited** (e.g. Art 5 liberty), **qualified** (e.g. Art 8, Art 10, Art 11). 2) Learn the **three conditions** for interfering with a qualified right: **prescribed by law**, **legitimate aim**, **necessary in a democratic society** (Arts 14 and 18 also engaged). 3) Commit the **four-stage proportionality test** to memory — and note the decisive **final fair-balance stage** that distinguishes the **Bank Mellat / Huang** test from the EU-law three-stage test. 4) Distinguish the **ECHR** (Council of Europe; survives **Brexit**) from **EU law** and from the **EU Charter of Fundamental Rights ('ECFR')**. 5) For **Article 15**, remember the **non-derogable rights** (Arts 2 (save lawful acts of war), 3, 4(1) and 7) and the **Covid-19 / Coronavirus Act 2020** example.