ABSTRACT

In May 1997 the Labour government announced that the European Convention on Human Rights would be incorporated into UK law by an Act of Parliament. This means that litigants would be able to directly rely on the Convention’s provisions in English court proceedings. For the foreseeable future, however, if your client wishes to pursue a case under the Convention it will be necessary for them to take the matter to the European Court of Human Rights in Strasbourg. A prospective litigant has no direct right of access to the court. The Convention’s Commission will first vet the case to ensure that there is no further assistance to be gained from a UK national court and that issue relates to a right guaranteed by the Convention.