European Convention on Human Rights: 75th Anniversary

Baroness Kennedy of Shaws Excerpts

Thursday 20th March 2025 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I declare that I am a practitioner at the English Bar and the president of the council of Justice, a leading British law organisation. I am the director of the International Bar Association’s Human Rights Institute, an honorary Writer to the Signet in Scotland and, as your Lordships heard earlier, I am currently working for President Zelensky, heading up with his chef de cabinet a task force to get the children back from Russia. I have been working on that for a number of years with the Yale observatory and other bodies.

I thank the noble Lord, Lord Alton. We owe him a debt of gratitude in this House for his constant reminders of our common humanity. He is tireless in his work on the abuses that happen around the world, so it is no surprise that he is speaking here in protection of the values of the European Convention on Human Rights. It amazes me that the very same people who fought tooth and nail to take us out of the European Union—a step which has been ruinous for the economy of this country—are still seeking to sever ties with our European neighbours, especially when it is clear that we have to retain our bonds of connection with Europe and European nations in the face of grievous threats from Russia.

Withdrawal from the ECHR would be disastrous. The Human Rights Act has enriched our law enormously, and it has been especially productive for women. I say that as someone who has been very much on the front line in cases concerning the rights of women. You have only to think about the case of Worboys, where it was possible to use the ECHR before the courts to make sure that rape was properly recognised in prosecutions. Vulnerable victims of domestic violence have received better protection because of the Human Rights Act. There is also the ending of the ban of gay people in the Army, the inquiry into the sex abuse of women in the Army, the better protection of children against corporal punishment and sexual abuse, the greater protection of the media, the ending of detention without trial at the beginning of the 21st century, the prevention of torture from other countries being used and evidenced in our courts, and the protection of religious freedom. The list is enormous. It has also been vital in the Northern Ireland peace process.

You cannot pull out of the ECHR without leaving the Council of Europe. This alliance promotes democracy, human rights and the rule of law across 46 states. Since its inception, the Council of Europe has accepted over 200 treaties, conventions and protocols, including the Istanbul convention, to end violence against women and girls and to end domestic violence; the Lanzarote convention, to protect children from sexual exploitation and sexual abuse; and the Council of Europe convention against human trafficking. I hear the muttering on the Benches opposite, but we should remember the work that is done through the Council of Europe to defend local and regional democracy and governance. It observes elections and promotes good governance through the exchange of experience among member states—which I have done. The Council of Europe also helps member states to fight corruption and terrorism, and undertakes necessary judicial reforms. It has a group of constitutional experts, the Venice Commission, which offers legal advice to member states. Are we going to pull out of that?

The Council of Europe is supporting the people of Ukraine in the face of Russia’s ongoing aggression. It has a dedicated Ukraine action plan and a development bank which is aiding Ukraine in its recovery efforts and accommodating Ukrainian refugees. Are we really going to put all this at risk? Are we really going to reduce ourselves to little Englanders? That is what it would mean, because the people of Scotland, Northern Ireland and Wales do not want to leave the European Convention on Human Rights.