Debunking Misconceptions About Churchill and the Past: No Ground for Justifying the European Convention on Human Rights.
In a rebuttal to the widespread assumption, Winston Churchill's alleged role as the architect of the European Convention on Human Rights (ECHR) has been contested by Yuan Yi Zhu, Senior Fellow at Policy Exchange.
Sixty years after his death, Churchill remains a respected figure in history, with many contemporaries relegated to the annals of the past. This has likely contributed to the frequent invocation of Churchill's name by ECHR defenders, who argue that his legacy is a reason for Britain to remain in the Convention.
Yet, according to Zhu's research with Dr Conor Casey for Policy Exchange, these claims are misleading. It was not Churchill but his successor, Clement Attlee's Labour government that took Britain into the ECHR in 1950. While Churchill offered verbal support, he declined to provide practical details for the ECHR's implementation. Also, Churchill only casually mentioned the Strasbourg Court, making the claim of him founding the ECHR and the European Court of Human Rights questionable.
The 1950 ECHR bears little resemblance to the ECHR of today. In the original version, the jurisdiction of the European Court of Human Rights was optional and only accepted by the UK in 1966. However, in the latter version, the jurisdiction is now mandatory, and the Court has implemented the "living instrument" doctrine, leading to radical change and interpretation.
Churchill's government, when in power, took no further actions to advance the ECHR's cause. They refused to allow the Strasbourg court to have jurisdiction over the UK and refrained from allowing individuals to petition the Council of Europe for redress. Some members of his administration even questioned the relevance of the ECHR in the British colonies.
In conclusion, Zhu argues that the ECHR as it exists today cannot be considered one of Churchill's legacies, refuting the common historical narrative about Churchill's role in Britain's entry into the ECHR. The debate over the ECHR's relevance today should be based on sound historical facts, rather than the mythical account often espoused by its defenders.
Read more in Zhu's Policy Exchange paper, 'Revisiting the British Origins of the European Convention on Human Rights', available here.
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Education and self-development can benefit from delving into the case study of Yuan Yi Zhu's research, as he challenges the accepted historical narrative regarding Winston Churchill's role in the European Convention on Human Rights (ECHR). This dispenser of knowledge underscores the importance of evaluating politics and general news critically, questioning the myths and legends that may cloud historical truths.
