Monday, June 27, 2022

Why is Britain still bound by the European Court of Human Rights?

Britain shocked and exasperated the world (again) recently, when it announced a hare-brained plan to ship its unwanted asylum seekers to human rights-challenged Rwanda. Nothing daunted, Her Majesty's Government persisted with the plan, and would have sent its first flight of refugees to the central African country were it not for a last minute reprieve granted by the European Court of Human Rights (ECHR), which grounded the flight indefinitely. Still apparently undaunted, and despite the acute embarrassment of most of its citizens, Britain plans to appeal the ruling.

But, wait, hasn't Britain irrevocably exited the European Union? How can there ECHR still hold sway over the country?

Well, it turns out that the European Court of Human Rights is not an EU institution at all. It was established by the Council of Europe in 1950, long before tyhe EU was even a thing. As a  current member of the Council of Europe, Britain is therefore subject to the provisions and decisions of the ECHR.

The Council of Europe is a completely separate entity from the European Union, although it is often confused with it (maybe partly because the EU adopted the Council of Europe's flag for its own, and even its anthem). Britain was a founding member, along with Belgium, Denmark, France, Ireland, Italy, Luxembourg, Netherlands, Norway and Sweden. Over the years, many more countries joined, and today it boasts 46 members, compared to the EU's 27, including several EU holdouts like Switzerland and Norway (even Russia was a member for a few years until it was expelled in 2022 over its invasion of Ukraine).

So, there you have it, Council of Europe. Different from European Union. Score: Europe 1, Britain 0.

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