In 2022, the number of legal cases filed against the United Kingdom in the European Court of Human Rights (ECtHR) was the lowest in Europe.
Prime Minister Rishi Sunak warned the Council of Europe that the “current international system is not working” in terms of illegal immigration.
Last year, a record 54,000 people were discovered unlawfully entering the UK, as tiny boat crossings of the Channel increased by 60% over 2021 levels. Home Office predictions for 2023 reach 65,000 people.
So far, the UK’s proposals to address the issue have received strong opposition from the European Court of Human Rights (ECtHR), the Strasbourg-based court whose decisions are binding on ratifying nations of the European Convention on Human Rights (ECHR).
Since an emergency interim measure grounded the government’s first scheduled deportation flight to Rwanda last June, calls to withdraw from the treaty have become stronger. The Illegal Immigration Bill is likely to exacerbate tensions.
Despite the uproar, a review of ECHR judgement data finds that the UK has one of the greatest track records in Europe.
In his address to the summit, Mr Sunak said: “The moral case for action is clear: we can’t just sit back and watch as criminal gangs profiteer on people’s misery.” He added: “Friends, the United Kingdom may have left the EU, but we have not left Europe.”
Set up in the wake of the Second World War, the Council of Europe is an organisation designed to “uphold human rights, democracy and the rule of law” entirely separate from the EU. All 46 of its members signed the ECHR, and it has been in force since 1959.
So far, the UK’s plans to tackle the issue have faced significant pushback from the ECtHR – the Strasbourg-based court whose judgments are binding for ratifying members of the European Convention on Human Rights (ECHR).
Calls to pull out of the treaty have been growing louder ever since an urgent interim measure last June grounded the Government’s first scheduled deportation flight to Rwanda. Moreover, the Illegal Migration Bill is likely to cause further tension.
Despite the furore, a look at the data on ECHR judgments reveals the UK has one of the best track records in Europe.
The primary reason behind this enviable trend, experts believe, is the implementation of the Human Rights Act 1998 (HRA). Coming into force in October 2000, it incorporated ECHR rights into domestic law.