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33 votes

Why is it a violation of ECHR to have someone shackled in court?

It may be less of a concern in a civil law system with a panel of judges instead of jury, but the appearance of the defendant is important. If the defendant looks like a criminal the jury may be ...
James K's user avatar
  • 122k
33 votes

Why doesn't the UK want to be part of the European Convention on Human Rights?

Despite the ECHR not being an EU institution, the optics of a European court having jurisdiction over the UK should not be underestimated. This YouGov poll from 2014, shows that the British public ...
CDJB's user avatar
  • 108k
20 votes

Why doesn't the UK want to be part of the European Convention on Human Rights?

The UK can't leave the jurisdiction of the European Court of Human Rights without withdrawing from the convention. Whilst not an EU institution, it's a popular target for the largely right-leaning ...
richardb's user avatar
  • 3,674
18 votes
Accepted

How can the ECtHR judgement on encryption be reconciled with the UK's Online Safety act?

A European Court of Human Rights judgment against another state doesn't legally oblige the UK to amend its law. European Convention on Human Rights Article 46.1 (my emphasis): The High Contracting ...
Lag's user avatar
  • 6,213
14 votes

Why doesn't the UK want to be part of the European Convention on Human Rights?

In a nutshell, the UK [Conservative public] wants to exit from the ECHR for the same "take back control of our laws" reason that has been a substantial motivator for Brexit. Some are ...
against very long user names's user avatar
12 votes
Accepted

Why is it a violation of ECHR to have someone shackled in court?

There are numerous jurisdictions that have rules against defendants being routinely shackled and (as in James K's answer) one of the reasons is that it may introduce bias in the judge and/or jury. ...
Lag's user avatar
  • 6,213
12 votes

Why doesn't the UK want to be part of the European Convention on Human Rights?

There are two kinds of cases which the government has lost repeatedly over the past 20 years and wishes to reverse or win in future: immigration and torture. The Article 8 right to family life is ...
pjc50's user avatar
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11 votes
Accepted

Why didn't the Human Rights Act 1998 incorporate the European Convention of Human Rights?

Your teacher is not completely correct. The ECHR is incorporated as a schedule to the HRA 1998. Schedules to an Act are part of the act and can be referred to by courts when interpreting the law. But ...
James K's user avatar
  • 122k
11 votes
Accepted

Why doesn't the UK want to be part of the European Convention on Human Rights?

This is perhaps more of a legal than a political question. I am not a lawyer. The answer below is based on my lay understanding/interpretation of articles and rulings. What could the UK do if it ...
gerrit's user avatar
  • 48.5k
11 votes

Why is it a violation of ECHR to have someone shackled in court?

My apologies for not answering the question itself, but it might be appropriate to explain the Italian view on the use of handcuffs a bit. Italian Wikipedia explains: In the Italian Code of Criminal ...
ccprog's user avatar
  • 8,382
6 votes

How can the ECtHR judgement on encryption be reconciled with the UK's Online Safety act?

In addition to the points raised in Lag's answer, if it is possible to interpret UK legislation in a way which is compatible with the ECHR, then the domestic Courts must do so. See Section 3(1) of the ...
JBentley's user avatar
  • 529
5 votes

What would happen if the UK government simply ignores the ECHR and proceeds with the Rwanda relocation scheme?

The government would be breaking the law of the UK. And so could be sued for damages in UK courts. It is different if Parliament tells the government to ignore the ECHR, for example by amending the ...
James K's user avatar
  • 122k
5 votes

Would there be any economic consequences if the UK were to leave the ECHR?

It would break the Good Friday Agreement, which specifies “The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights (ECHR), with direct ...
Mike Scott's user avatar
  • 4,553
4 votes

Why is it a violation of ECHR to have someone shackled in court?

In several case, use of shackles has been considered under Article 3 of the European Convention on Human Rights (ECHR) (degrading treatment), but I am unable to find any European Court of Human Rights ...
david's user avatar
  • 177
4 votes
Accepted

Why are ECHR payouts to victims of state misconduct so low?

I don't know about all 47 member states but several ECHR member states (e.g. Germany or France) do not award punitive damages. It doesn't really matter whether the amount is large or small for the ...
Relaxed's user avatar
  • 31.2k
4 votes
Accepted

What would happen if the UK government simply ignores the ECHR and proceeds with the Rwanda relocation scheme?

They could still abide by all other ECHR rulings but declare that henceforth any rulings related to matters of asylum will be ignored. International repercussions could they'd be suspended from CoE ...
against very long user names's user avatar
2 votes

Why are ECHR payouts to victims of state misconduct so low?

Damages are not punitive, they are compensation to the victim for their losses. As such, they do not depend on the defendant's ability to pay. Note that in this case the only thing considered in the ...
SJuan76's user avatar
  • 31.9k
1 vote

What are the enforcement mechanisms of the ECHR and possible consequences of ignoring the ruling?

If we're going to talk about the concrete cases connected here, the first of which was Sejdic and Finci (2009), the EU has been (gently?) pressuring Bosnia & Herzegovina to adopt the ...
against very long user names's user avatar

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