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Brexit and the European Convention on Human Rights

Brexit and human rights

The Government has stated that it “is committed to membership of the European Convention on Human Rights (ECHR)

The European Convention on Human Rights is an international treaty which Member States of the Council of Europe have signed, including the UK.

The Convention sets out a list of the rights and guarantees (Articles and Protocols) which the States have undertaken to respect.

The European Court of Human Rights (ECHR) hears cases related to the European Convention on Human Rights.

Unlike European Court of Justice decisions, ECHR decisions are not binding though many human rights decisions are considered so important that they become part of EU law, which is binding on EU states.

Brexit will not prevent cases being taken to the ECHR, but the repeal of the Human Rights Act might render ECHR decisions less effective and the UK will not be bound by changes to EU law.

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