Britain has best human rights record of ECHR members despite row over Rwanda plan, research shows

Britain has the best record on human rights of any country in Europe, according to research by the European Court of Human Rights (ECtHR), despite the row over the Rwanda plan.

The UK had the lowest number of cases before the court per head of population alleging abuse of human rights out of nearly 50 nations that are signatories to the European Convention on Human Rights (ECHR).

Britain had a ratio of 0.03 per cent of cases per 10,000 of the population, compared with 0.04 per cent for Ireland, its closest rival, and Germany, in third place with 0.05 per cent.

The research suggests that the UK’s domestic courts are more rigorous in applying the ECHR in cases than other countries, reducing challenges being taken to Strasbourg.

The ECtHR says that the Human Rights Act 1998, introduced by Tony Blair’s new Labour government to enact the ECHR in domestic legislation, has meant UK courts are more closely aligned than most other nations in applying the ECHR in cases at home.

“This has undoubtedly resulted in a reduction in the number of applications coming from the UK and in the number of violations which are found in relation to the UK,” a senior Strasbourg judge said.

Showdown with European judges

It comes as Rishi Sunak is set for a showdown with European judges over his Rwanda deportation scheme after Strasbourg’s most senior judge ruled that the plans were unlawful.

Siofra O’Leary, the president of the ECtHR, said on Thursday that the UK would be in breach of its legal obligations if it refused to comply with a Strasbourg injunction, known as a Rule 39 order.

Deportation flights to Rwanda have been blocked since the first was grounded by a Rule 39 interim order issued by a ECtHR judge at the 11th hour in June 2022.

Britain abided by the injunction, which culminated in the Supreme Court verdict which found the Rwanda policy unlawful on the basis that the country was not safe for asylum seekers due to the risk that they could be returned to their home country, where they could face persecution.

The Rwanda Bill gives ministers powers to ignore Rule 39 orders. Despite this, the Prime Minister says that the legislation complies with the UK’s international obligations.

The Government maintains that Rule 39 orders are not binding, and are not part of the ECHR but instead purely administrative devices outside its remit.

Breach of international law

However, there is conflicting legal advice, with Victoria Prentis, the Attorney General, arguing that to ignore the orders would be a breach of international law.

One Tory rebel said the research by the ECtHR demonstrated why the Human Rights Act should be disapplied in its entirety on the basis that it had provided a block to deporting migrants by the very fact that it enshrined the ECHR.

The top countries after the UK, Ireland and Germany are: Spain, 0.09 per cent; France, 0.11 per cent; Sweden, 0.14 per cent; Denmark, 0.15 per cent; and Norway and Finland, 0.16 per cent.

The worst are: San Marino, 4.71 per cent; Monaco and Slovenia, 4.62 per cent; Montenegro, 2.8 per cent; Moldova, 2.6 per cent; and Serbia, 2.28 per cent.

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