The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into domestic law. It came into force in England and Wales in October 2000. It enables citizens of the UK (including children and young people) to seek to protect their ECHR rights through domestic courts. In addition, they can still seek protection through the European Court of Human Rights in Strasbourg, France.

There are 13 substantive rights in the ECHR (articles 2 to 14), with three additional rights under the First Protocol.

Rights under the ECHR

Article 2– the right to life
Article 3– protection from torture or inhuman or degrading treatment or punishment
Article 4– protection from slavery
Article 5– right to liberty and security
Article 6– the right to a fair trial, including the child's right to be informed promptly, in a language he or she understands, of the alleged offence and to have an interpreter in court if he or she cannot understand or speak the language used in court. Restrictions on reporting can be applied to protect the interests of children
Article 7 – no one can be punished for an act that was not a criminal offence when it was carried out
Article 8– the right to respect for private and family life, home and correspondence
Article 9– the right to freedom of thought, conscience and religion
Article 10– the right to freedom of expression
Article 11– the right to freedom of assembly and association
Article 12 – right to marry
Article 13 – right to an effective remedy

These are all supported by article 14 – all the rights in the Convention apply to all people without discrimination.

The ECHR contains rights that are, for the most part, civil and political in nature, and, unlike the Convention on the Rights of the Child, it is not a document designed exclusively for children and young people. However, that should not undermine its relevance for children and young people. There have been numerous cases considered both by the Commission and the Court in Strasbourg that have dealt with children’s rights. They have adopted a very robust approach to the interpretation of ECHR Articles in children’s cases and the concept of the ECHR being a "living instrument" has meant that changing legal and social conditions are taken into account.