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The justice secretary, Shabana Mahmood, emphasized that human rights law should not be used to prevent the deportation of foreign criminals. In her address to foreign ministers at the Council of Europe in Strasbourg, Mahmood highlighted the need for the law to evolve to address new threats, stating that the government is working to clarify how these laws function. While reaffirming the UK’s commitment to the European Convention on Human Rights (ECHR), Mahmood stressed the necessity for the convention to adapt to current challenges.
The ECHR, established in 1950, outlines the rights and freedoms of individuals in 46 signatory countries and forms a crucial component of UK human rights law. Overseen by the Council of Europe, which includes EU members, the UK, Turkey, and Ukraine, the ECHR has been subject to discussions regarding its future direction. Mahmood welcomed discussions about the ECHR’s evolution, noting that the convention has been continually amended, expanded, and reinterpreted in response to changing circumstances.
The government has pledged to introduce new legislation to clarify how Article 8 of the ECHR, which safeguards the right to family life, interacts with immigration regulations and to enable parliamentary oversight of border control. Mahmood cited instances where foreign criminals have used Article 8 to avoid deportation, a practice she deemed contradictory to common sense. Furthermore, there have been cases where dangerous inmates invoked the same article to prevent being placed in segregation units, prompting concerns about the misuse of human rights laws.
Conservative leader Kemi Badenoch has advocated for human rights law to be excluded from immigration cases and for the government to have the authority to deport all foreign criminals. Badenoch’s commission is examining the potential repercussions of exiting the ECHR, a move contested within the Tory Party. Calls for reforming the ECHR to facilitate the deportation of foreign criminals have also come from other Council of Europe members. Despite differing opinions within political circles, the discussion around human rights laws and the ECHR’s role continues to be a contentious issue
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