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UK Considers Reform to the European Convention on Human Rights: ‘Essential’ to Strengthen Migration Control

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Chris Lawton, May 23, 2016

Jasmin Kaur Rajwant

Chris Lawton, May 23, 2016

In order to tighten asylum and deportation policies in the UK, the government has been considering reforms to the European Convention on Human Rights (ECHR), following pressure from right-wing parties, some of which advocate for complete withdrawal from the ECHR.

On 18 June, 2025 UK’s Secretary of State for Justice, Shabana Mahmood, addressed the Committee of Ministers of the Council of Europe in Strasbourg, urging reforms to the ECHR, stating that it must reflect the ‘changing political realities’. She also criticised the application of Article 8, which grants the right to family life in immigration cases but, some argue, undermines public confidence. The Convention is believed to prevent the deportation of criminals who have committed serious offences through Article 8 on the grounds of family ties in the UK.

Keir Starmer, former human rights lawyer and current UK Prime Minister, has been under pressure from both his allies and opponents to curb unauthorised migration. Right-wing parties claim that immigration and deportation are not being managed effectively; therefore, Starmer’s government has made it a prominent issue. They have been calling on the current government to reform the ECHR, as they believe that the UK must gain sovereignty over deportation and immigration rulings and not let a European court meddle in British policies. Many critics claim that the current government is only entertaining the ECHR reforms as a strategic move to appear stricter on immigration issues while avoiding a direct exit from the treaty.

Human rights advocates, opposition parties, and several international organisations are strongly against the UK’s proposal to withdraw from the ECHR. Amnesty International UK has also emphasised the importance of the ECHR in keeping governments accountable and ensuring human rights are upheld. In the case of exit, the UK risks undermining the human rights progress it has made in the past decade. The head of the UK’s Refugee Council, Enver Solomon, has criticised the present discussion of the exit from the ECHR, claiming that such action would evade the UK’s human rights responsibilities.

The UK’s debate on withdrawing from the ECHR, unfortunately, reflects broader tensions between wanting international human rights standards and the enforcement of tighter migration policies. The UK government faces the challenge of balancing its commitment to human rights as a party to the ECHR and the public’s demand to secure borders. This decision will significantly impact the UK’s legal landscape and its broader relationship with the EU. 

Sources and further readings:

The one thing you need to know about the European Convention on Human Rights (ECHR)

‘Lefty lawyer’ Keir Starmer to push for ECHR reform 

Does human rights law really stop the UK from controlling migration? No – and Keir Starmer knows that 

Lord Chancellor backs ECHR reform, citing Article 8 immigration concerns. Electronic Immigration Network

UK eyes changes to visa system and targets the human rights convention

Britain, under pressure on immigration, urges reform of the European Human Rights framework 

UK government calls for reform of European Human Rights Convention to help manage migration

 

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