Parliamentary Briefing – Autumn 2025 Party Conferences
René Cassin strongly advocates for the UK to remain a committed signatory to the European Convention on Human Rights (ECHR). Due to the importance of safeguarding the rights and freedoms of our citizens, we believe continued adherence to the Convention is essential.
Historical Foundations of the European Human Rights Framework
The horrors of the Holocaust revealed the catastrophic consequences of unchecked state power. In response, Jewish lawyers played a pivotal role in shaping the international human rights framework that followed, culminating in the European Convention on Human Rights. This framework was later incorporated into UK law through the Human Rights Act.
The Convention is a testament to the UK’s leadership in building a rules-based international order. British Conservative politician David Maxwell Fyfe, drawing on the human rights vision of Jewish legal scholar Hersch Lauterpacht, helped draft the Convention. Both men served on the UK’s prosecution team at the Nuremberg Trials, symbolising a historic collaboration between British and Jewish efforts to uphold human dignity.
Enduring Principles of the Convention
Signed by the UK in 1951, the Convention enshrines timeless principles: freedom from torture, freedom of
expression and religion, the right to a fair trial, and more. These rights remain as vital today as they were in the
aftermath of World War II.
Two key legal principles underpin the Convention:
- Living Instrument Doctrine: The Convention is interpreted in light of contemporary values. Its broad articles have enabled landmark rulings affirming rights for LGBTQ+ individuals, protections against domestic abuse, and more.
- Margin of Appreciation: The European Court of Human Rights allows states discretion in applying Convention rights, respecting national contexts. For example, in McDonald v UK, the Court upheld the UK’s decision to provide incontinence pads instead of night-time care, recognising resource constraints while affirming privacy and dignity under Article 8. UK judges retain the authority to interpret the Convention in line with both UK and European case law. Most cases brought against the UK are deemed inadmissible; of those admitted, only about half result in a finding of violation.
UK Case Studies: Freedom of Religion
Two notable UK cases illustrate the Convention’s role in protecting religious freedom (Article 9):
1. Adath Yisroel Burial Society v HM Senior Coroner for Inner North London (2018): A coroner’s policy failed to prioritise Jewish and Muslim burials, violating religious requirements. The court ruled the policy unlawful, citing failure to balance competing rights under Article 9. New guidance was issued as a result.
2. Eweida v UK (2013): British Airways banned Nadia Eweida from wearing a crucifix at work. While UK courts upheld the ban, the European Court ruled in her favour, affirming her right to manifest her beliefs.
These cases ensured that Jewish and Muslim mourners could bury loved ones according to religious customs, and that individuals of all faiths could wear religious symbols at work.
Standing Against Marginalisation
As Jews, our history includes seeking refuge from persecution. This experience informs our deep concern over efforts to curtail the rights of minorities. Creating categories of “deserving” and “undeserving” human rights recipients is dangerous—those marginalised are often the most vulnerable to abuse.
Former UK Supreme Court President Brenda Hale said: “Democracy values everyone equally, even when the majority does not.” This principle reassures us that groups are safe and welcome in the UK. Without legal frameworks like the European Convention and the Human Rights Act, that assurance is at risk.
Proposed Changes and Their Risks
Any attempt to weaken the UK’s human rights obligations would:
- Disproportionately harm minority and marginalised communities
- Threaten peace in Northern Ireland
- Destabilise the UK’s constitutional integrity
- Align the UK with authoritarian regimes outside the Convention
If changes are to be made, they should expand rights—particularly social, economic, and cultural rights—not diminish them.
Conclusion
The Jewish experience of persecution and resilience has shaped the modern human rights framework. Jewish lawyers responding to Jewish experience helped build the European Convention. Our faith and history compel us to defend these rights—not just for ourselves, but for all.
Download the briefing here.
Download the ECHR fact sheet here.
