ECHR Briefing as Parties Weigh UK’s Future in Convention

Labour Government

Policy:

Stay in the ECHR and follow international rules, but enforce stricter rules within the convention.

Keir Starmer, the Prime Minister, said:

“We will never withdraw from the European Convention on Human Rights.”

Point of View:

Labour says that the UK can still be a member of the ECHR and have strict immigration rules at the same time. By tightening the use of Article 8 claims and reforming procedures, the government believes it can prevent abuse of human rights appeals without removing protections entirely.

Labour sees this approach as a way to find a balance between keeping the border safe and adhering to international commitments and agreements (such as the Good Friday Agreement).

Expected Changes: 

• Tighten the rules for family-life claims in immigration cases.
• Review processes to speed up deportations while still protecting human rights

Chance of Opposition:

Labour’s plan follows the law in the UK and the ECHR, so it is unlikely to face significant barriers. The government should be able to anticipate how the courts will interpret its policies.

Opposition could come from the courts, NGOs, the media, or the public.

Conservative Party

Policy:

Removal from ECHR

Conservative Leader Kemi Badenoch said:

 “It is time for Britain to leave the European Convention on Human Rights.”

Point of View:

The Conservative Party believes that decisions made by the European Court of Human Rights make it harder for the UK to deport foreign criminals and handle immigration effectively.

By withdrawing from the ECHR and introducing a domestic “Bill of Rights,” they argue the UK can regain complete control over its borders and legal system.

Conservatives argue that this is a matter of sovereignty, claiming that decisions affecting UK citizens and immigration should be made in the UK rather than being influenced by a European court.

Expected Changes: 

• The Conservatives aim to enact a law that would remove the UK from the ECHR and replace the Human Rights Act with a “Bill of Rights” specific to the UK.
• UK courts would have full authority over rights protections in immigration cases

Chance of Opposition:

If the government has a majority, Parliament could pass the law. However, courts and political backlash could slow down or alter how it is implemented.

The House of Lords, the courts, international treaties, and the public/civil society will all scrutinise the plans.

Reform UK

Policy:

Full withdrawal from the ECHR and repeal of Human Rights Act

Reform UK Leader Nigel Farage said:

“The first thing we have to do is get rid of the ECHR.”

Point of View:

Reform UK states that international treaties, such as the ECHR and the Refugee Convention, make it more difficult for the government to enforce immigration laws.
They say that the Human Rights Act needs to be repealed entirely and withdrawn to quickly remove unauthorised migrants and fix the asylum system.

The party says this is an essential step towards regaining control over the country’s borders and stopping what they consider to be abuses of the current human rights framework.

Expected Changes: 

• Calls for the immediate removal of people who came to the UK without permission
• Reform UK aims to repeal the Human Rights Act, withdraw from the ECHR, and overhaul the immigration system immediately.
• Plans to change the way asylum and immigration work without relying on treaties with other countries

Chance of opposition:
Reform UK could face significant challenges in leaving the ECHR and repealing the Human Rights Act.

Parliament, the courts, international partners, and human rights groups could be stiff opposition. Even if a law passes, it may take years to take effect due to legal and administrative challenges.