ECHR Explained: The European Convention on Human Rights

ECHR stands for the European Convention on Human Rights. It is a treaty made up of numbered articles protecting basic human rights. The Council of Europe was founded after the Second World War to protect human rights and the rule of law, and to promote democracy. The Convention was based on the United Nations' Universal Declaration of Human Rights.

Formed in 1949, the Council of Europe is completely separate from the European Union. The UK's membership of the Council was unaffected by leaving the EU.

This table gives the core wording of each right, as set out in Schedule 1 to the Human Rights Act 1998. Several articles go on to set exceptions or limits, so read the full text before relying on one.

Articles 1 and 13 of the ECHR do not feature in the Human Rights Act. The EHRC explains that this is because, by creating the Act, the UK has fulfilled them. Article 1 says that states must secure the rights of the Convention in their own jurisdiction, and Article 13 makes sure people whose rights are violated can access an effective remedy.

Some can. Article 8, the freedom to manifest religion or belief in Article 9, and Articles 10 and 11 each allow limits that are prescribed by law and necessary in a democratic society, for reasons listed in the article such as public safety.

Article 8 protects your right to respect for your private life, your family life, your home and your correspondence, such as letters, telephone calls and emails. The EHRC describes each part like this:

• Private life covers things like your sexual orientation, your lifestyle, and the way you look and dress. It also includes your right to control who sees and touches your body.
• Family life can include the relationship between an unmarried couple, an adopted child and the adoptive parent, and a foster parent and fostered child.
• Home does not mean a right to housing. It is a right to enjoy your existing home peacefully, whether or not you own it.
• Personal information about you, including official records, photographs and medical records, should be kept securely and not shared without your permission, except in certain circumstances.

A public authority can only interfere if it can show its action is lawful, necessary and proportionate in order to protect national security, public safety, the economy, health or morals, to prevent disorder or crime, or to protect the rights and freedoms of other people. Action is proportionate when it is appropriate and no more than necessary to address the problem. Our guide to subject access requests explains how to see the personal information an organisation holds about you.

It is the court of law of the Council of Europe, based in Strasbourg, France. Set up in 1959, it ensures that member states respect the rights and guarantees in the Convention. It examines complaints, known as applications, which can be made by individuals, or sometimes by member states. When it finds a violation, it explains why in a written judgment. Judgments are binding, and the countries concerned must comply with them.

Before the Human Rights Act, people had to take their complaints to Strasbourg. The Act means that courts in the United Kingdom can hear human rights cases. Our Human Rights Act guide explains who must follow the Act and how to bring a claim, and our guide to legal aid explains who can get help with the cost.

Yes. The devolved legislatures cannot pass laws that break Convention rights. An Act of the Scottish Parliament, an Act of the Senedd or an Act of the Northern Ireland Assembly is not law so far as it is outside their legislative competence, and a provision is outside it if it is incompatible with Convention rights. Our rights guides cover your other legal rights.