The ECHR and the Belfast (Good Friday) Agreement
This report, from the Policy Exchange, challenges the widespread claim that UK withdrawal from the European Convention on Human Rights (ECHR) would breach the Belfast (Good Friday) Agreement. It argues that this assertion is legally unfounded. Both the UK and Ireland have the right under Article 58 of the ECHR to withdraw from the Convention, and this right is not restricted by the Belfast Agreement.
The Belfast Agreement comprises two parts: the British-Irish Agreement (a binding international treaty) and the Multi-Party Agreement (a political accord among governments and Northern Irish parties). The British-Irish Agreement does not mention the ECHR or require continued membership. It also references EU membership, yet the UK’s departure from the EU was not deemed a breach of the Agreement.
While the Multi-Party Agreement does refer to the ECHR, these references pertain solely to domestic law—specifically, the incorporation of ECHR principles into Northern Ireland’s legal framework to limit devolved powers and prevent abuse. These commitments were fulfilled through the Northern Ireland Act 1998 and the Human Rights Act 1998. The Agreement does not rely on the Strasbourg Court’s jurisdiction or jurisprudence, nor does it mandate perpetual ECHR membership.
Withdrawal from the ECHR would not undermine the spirit of the Multi-Party Agreement, which emphasizes safeguards against misuse of devolved power and respect for Northern Ireland’s constitutional status. The British Government would still be able to uphold its commitments by maintaining existing legal limits or negotiating new ones with Northern Irish parties. This could include revisiting proposals for a Northern Irish Bill of Rights.
The Windsor Framework and the UK-EU Trade and Cooperation Agreement do not legally constrain the UK’s ability to leave the ECHR. In fact, the latter anticipates such a possibility and allows for continued relations post-withdrawal.
Ultimately, the report concludes that invoking the Belfast Agreement to oppose ECHR withdrawal is a misinterpretation. Withdrawal would not violate international obligations or destabilize the peace process, provided the UK maintains legal safeguards and engages constructively with Northern Irish stakeholders.