Kemi Badenoch is anticipated to reveal a proposal this weekend for the UK to withdraw from the European Convention on Human Rights (ECHR) if the Conservative Party secures victory in the next general election, as the party seeks to stem a loss of voter support to Reform UK.
Political opponents are likely to interpret the move as further evidence that the Conservative Party is shifting to the far right. The only other European countries not bound by the ECHR are Russia and Belarus. Critics argue the plan could alienate centrist voters and damage the party’s broader appeal.
Badenoch’s position has become more firm since last autumn, when she previously stated that leaving the convention would not be a quick fix for immigration challenges. However, by February, she acknowledged that the UK would likely have to leave if the treaty obstructed the government from acting in what it considers the national interest.
Despite reservations among centrist Conservatives that such a course could drive away moderate supporters, party leadership is understood to have approved a plan to exit the international treaty.
Badenoch is expected to present the proposal during a speech at the party conference in Manchester on Sunday, following a shadow cabinet discussion scheduled for Friday.
Back in June, Badenoch established a commission to assess whether the UK should exit a number of international legal agreements, including the ECHR and the refugee convention, and reconsider certain domestic laws such as the Climate Change Act and the Equality Act.
Centrist Conservative MPs, while privately uneasy, have largely kept silent to avoid worsening the party’s already poor polling numbers. “Given our position, I’m not going to publicly oppose it,” said one MP, while another remarked it was “hard to challenge” the plan under the current political climate.
Several Tory MPs who had previously voiced opposition to leaving the ECHR citing potential damage to the Good Friday Agreement and harm to the UK’s global standing now appear to have reconsidered.
“The ECHR is no longer fit for purpose. Europe needs a new agreement on asylum and immigration that reflects today’s realities, not those of 1945,” one MP said.
“Starmer should be leading on this, or he risks falling behind. People outside Westminster have had enough.”
Another MP commented: “The situation has evolved. When people believe international treaties are stopping elected governments from doing what they promised democracy has to come first.” A third said: “Public and political attitudes towards the ECHR have shifted, and they’ll likely shift even more by the time of the next election.”
The European Convention on Human Rights, established in 1950, outlines the basic rights and liberties of individuals in the 46 member states of the Council of Europe. It remains a cornerstone of UK human rights law and has often been used to block attempts to deport individuals classified as being in the country unlawfully.
Critics mainly take issue with article 3, which bans inhuman or degrading treatment, and article 8, which protects the right to private and family life.
Both individuals and states can appeal to the European Court of Human Rights in Strasbourg distinct from the European Union’s Court of Justice in Luxembourg but only after all domestic legal channels have been exhausted.
During the last Conservative leadership contest, the ECHR emerged as a dividing topic between Badenoch and Robert Jenrick, who failed in his leadership bid. At the time, Badenoch said that quitting the ECHR would not fix the UK’s issues, while Jenrick warned the party could collapse if it didn’t support leaving.
Jenrick, now the shadow justice secretary, recently argued that Conservative candidates must back ECHR withdrawal or step aside.
Speaking at a Bruges Group event, a right-wing think tank, he said: “I’d have them sign a pledge affirming their commitment to Conservative principles. That includes agreeing to leave the ECHR if they can’t commit to that, they shouldn’t be standing as Conservatives.”
Moderate Tories have expressed concern over this approach. One former minister said: “Imposing an ideological loyalty test is a risky path for any party. It makes more sense to broaden support, not narrow it.”
Meanwhile, Labour has outlined its own plans to limit how individuals use the ECHR to fight deportations.
Labour leader Keir Starmer stated earlier this week that he would be prepared to revise how the ECHR is interpreted in the UK, in order to make it easier to deport failed asylum seekers and foreign nationals convicted of crimes, even if they claim they’re at risk of torture.
He said the government needs to reassess how articles 3 and 8 are applied, in reference to the sections of the convention that prevent violations of family life or inhumane treatment when individuals are removed from the UK.
