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    The ECHR is a completely separate organisation. We're a signatory via our membership of the Council of Europe not our membership of the EU.

    It's used by the EU as a benchmark for human rights hence the requirement for member states to adhere to it.
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    (Original post by Maria.L)
    Indeed, in fact, I have a Government consultation in front of me as regards the prospect of a 'British Bill of Rights' :-)
    I think you seem to have some really good points. If it were me, I'd go about it by briefly summarising the current system and how we're bound, discuss the HRA and how that means we're bound then go into the prospect of leaving - would the HRA have to be repealed? What would the process of that be? Compare and analyse the examples you gave of Russia and Ukraine and how their system operates then offer the bill of rights as an alternative. The bottom line would be there would have to be something, we cannot live in a country where human rights aren't legislated
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    (Original post by Hann95)
    I think you seem to have some really good points. If it were me, I'd go about it by briefly summarising the current system and how we're bound, discuss the HRA and how that means we're bound then go into the prospect of leaving - would the HRA have to be repealed? What would the process of that be? Compare and analyse the examples you gave of Russia and Ukraine and how their system operates then offer the bill of rights as an alternative. The bottom line would be there would have to be something, we cannot live in a country where human rights aren't legislated
    Thanks for your suggestions, I will go down that route :-) I think Lord Bingham's rhetorical question 'and as for the convention rights themselves, which ones should we not have as protections' is spot on too - I don't see which convention article should be discarded, and personally I don't believe that a Bill of Rights would be more effectual (under the current system we retain sovereignty by its implementation into domestic law and it is not binding on us - we only have to take it in to 'account'.

    I've just found a House of Commons research paper which deals with the other side of the coin. For example, would repealing the HRA mean discontinued membership? Although opinion is split, the consensus is that repealing the HRA would not result in an obligation to leave: researchbriefings.files.parliame nt.uk/documents/SN06577/SN06577.pdf
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    (Original post by Maria.L)
    I have been given an essay on the EU and have been asked to discuss its interrelation to the ECHR.

    One thing that I cant find, however, is that if the United Kingdom is no longer a member of the EU, will it still be bound by the European Convention on Human Rights? I can find no authority for this whatsoever.
    If the UK leaves the EU, we will still be party to the ECHR because the UK has signed and ratified the Convention. The EU and the European Court of Human Rights are two seperate institutions.
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    (Original post by WBZ144)
    If the UK leaves the EU, we will still be party to the ECHR because the UK has signed and ratified the Convention. The EU and the European Court of Human Rights are two seperate institutions.
    Thank you, as I suspected :-)

    There was an argument between my peers as to whether or not we will be obliged to withdraw from the jurisdiction of the ECHR should we leave the EU, however, we only need look at the signatories to the ECHR - many of which are not members of the EU.
 
 
 
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