The Bishop of St Albans spoke in a debate marking the 75th anniversary of the European Convention on Human Rights on 20th March 2025:
The Lord Bishop of St Albans: My Lords, I too add my thanks to the noble Lord, Lord Alton, for bringing this debate and for his speech. I am not going to explore the legal implications, but want to make a few theological points, if I may. I want to comment on the origins of the spring from which these ideas first came, how it developed into a stream and then a river, and how still today our understanding of rights and responsibilities is developing.
The noble Lord, Lord Lilley, is right. It goes back to those early chapters of Genesis. In fact, you could go back to the Code of Hammurabi, 1,700 years before Christ, but let us go back to the Ten Commandments, where we find the creation narratives where humankind is created in God’s image. It is about the inherent dignity that belongs to each and every person, not dependent on sex, wealth, education or any other differentiation. This is implied in the Ten Commandments and is developed further in passages such as Deuteronomy 10, where God defends the cause of the fatherless and the widow and loves the stranger in the land. It is why the prophet Isaiah urges the people of God to seek justice, correct oppression, defend the fatherless and plead for the widow.
However, as Jonathan Sacks, a former Member of your Lordships’ House, was keen to point out, rights are things we claim and duties are things we perform. In other words, duties, he said, are rights translated from the passive to the active mode. The biblical teaching in the New Testament reaches its fullest expression in this reciprocity in human relating, expressed by Jesus in this way: love the lord your God with all your heart, soul and mind, and love your neighbour as yourself.
Nowhere in the scriptures do we find the phrase human rights—and certainly no reference to the ECHR. Indeed, some theologians, such as the eminent Alasdair MacIntyre, have argued that human rights are actually a fiction; he simply did not agree with them as a concept. Others, including a former Member of this House, Lord Williams of Oystermouth, disagreed, saying that the fundamental theological point
“is not so much that every person has a specific set of positive claims to be enforced, but that persons and minority groups of persons need to be recognized as belonging to the same moral and civic world as the majority, whatever differences or disagreements there may be”.
He went on to argue that
“a proper consideration of human rights has a better chance of sustaining its case if it begins from the recognition of a common dignity or worthiness of respect among members of a community than if it assumes some comprehensive catalogue of claims that might be enforceable”.
All laws and all conventions are ultimately human constructs. There are some who dislike the ECHR and have problems with the wider issue of human rights. There are people who are not happy with the way that the court has interpreted the underlying legal principles which are enshrined in the convention. But the huge benefits that it has brought to so many people, particularly people who have traditionally been marginalised and not given the ability to participate and to engage, surely outweighs the frustrations that people sometimes feel. I, for one, am thankful that we have the ECHR.
Extracts from the speeches that followed:
The Earl of Dundee (CB): My Lords, while congratulating the noble Lord, Lord Alton, on securing this debate, I begin by paying tribute, as he and others have done, to one of the ECHR founders and drafters in the 1950s, Sir David Maxwell Fyfe—later Viscount Kilmuir from 1954 to 1962 and Lord Chancellor here under Churchill, Eden and Macmillan—who earlier on at the Nuremberg trials, through his fair-minded skill and clarity as a prosecuting counsel, played an enormous part in enabling the German public to understand and accept the guilt of their leaders for crimes against humanity, his cross-examination of Hermann Göring becoming one of the most noted in history.
I join with your Lordships in giving huge thanks for the ECHR, whose 75th anniversary we now commemorate; for the extent to which it has not only healed wounds but with balanced purpose, as implied by the right reverend Prelate the Bishop of St Albans, reinvigorated the heart, mind and soul of Europe; yet furthermore, for its success in providing soft power, direction and stability well beyond Europe and throughout the world; thus with efficacy accomplishing what was intended of it in the first place, as expressed by Maxwell Fyfe in Strasbourg in August 1949, and I quote:
“We cannot let the matter rest at a declaration of moral principles and pious aspirations, excellent though the latter may be. There must be a binding convention”.
Baroness Chapman of Darlington (Lab, FCDO): I begin by completely reinforcing the assertion from the noble Lord, Lord Lilley, that we always start with history; yes, we often do. I will begin not as far back as the right reverend Prelate the Bishop of St Albans with the 10 commandments, but with March 1951 when the UK became the first country to ratify the European Convention on Human Rights—the ECHR. Signed in Rome on 4 November 1950, it came into force in the United Kingdom in 1953. Although some commentators would have us believe that the ECHR was imposed on us unwillingly by our neighbours, this is not the case.
In response to the horrors of the Second World War, which engulfed the world in a generation, Winston Churchill was a leading proponent of the Council of Europe, which made this convention the first order of business. Indeed, I know that the Lord Speaker and many of my noble colleagues recently commemorated the historic moment when the treaty that led to the creation of the Council of Europe was signed at St James’s Palace in 1949. I recognise the contributions made by Members of both Houses who serve on the delegation to the Parliamentary Assembly of the Council of Europe under the able chairmanship of the noble Lord, Lord Touhig.
The Church of England in Parliament 
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