Human Rights

House of Lords written question – answered on 5th November 2012.

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Photo of Lord Lester of Herne Hill Lord Lester of Herne Hill Liberal Democrat

To ask Her Majesty's Government whether they consider that the obligation imposed by Article 1 of the European Convention on Human Rights to secure to everyone within its jurisdiction the Convention rights should be reflected by legislation passed in the United Kingdom.

To ask Her Majesty's Government whether they accept the obligation imposed by Article 46 of the European Convention on Human Rights to abide by final judgments of the European Court of Human Rights.

To ask Her Majesty's Government whether there have been any occasions since the United Kingdom ratified the European Convention on Human Rights in 1951 on which Her Majesty's Government have refused to abide by a final judgment of the European Court of Human Rights.

To ask Her Majesty's Government whether they intend to remain party to the European Convention on Human Rights.

Photo of Lord McNally Lord McNally Deputy Leader of the House of Lords, The Minister of State, Ministry of Justice, Liberal Democrat Leader in the House of Lords

The convention forms part of the international law obligations of the United Kingdom, and it is for Parliament to have regard to these obligations when legislating.

Under Article 46 of the convention, the high contracting parties undertake to abide by the final judgment of the court in any case to which they are parties. This undertaking, then contained in Article 52 of the convention, was given by the United Kingdom upon its original ratification of the convention on 8 March 1951, and forms part of the international law obligations of the United Kingdom.

The United Kingdom has never refused to abide by a final judgment of the Strasbourg Court.

The Government have no plans to denounce the European Convention on Human Rights.

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