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The Conservative party has proposed a change to the law, suggesting that the Human Rights Act should no longer be applicable to immigration decisions. Party leader Kemi Badenoch has expressed concerns about how some foreign criminals and illegal migrants use the act to avoid deportation, calling for a shift in power from the courts to Parliament and elected ministers to enhance control over borders.
The Human Rights Act, which was implemented by a previous Labour government, incorporates the European Convention on Human Rights (ECHR) into British law. There has been a significant debate within the Conservative Party regarding the ECHR, with some members advocating for the UK to withdraw from the treaty entirely. This act has been decisive in preventing the deportation of migrants deemed to be residing in the UK illegally and has halted flights carrying asylum seekers bound for Rwanda.
Badenoch has emphasized the need to prioritize national security and defend borders, values, and people by proposing an amendment to disapply the Human Rights Act in immigration cases. This proposal aims to create a distinct political divide with the Labour party, enabling more effective control over immigration powers.
The Home Office has criticized the proposed amendment, labeling it as unworkable and a result of the previous Conservative administration’s failure to address the asylum system effectively. While migrants can still appeal against deportation to the European Court of Human Rights in Strasbourg under the ECHR, the proposed amendment seeks to restore control over borders and prioritize national security by shifting power from the courts to elected officials.
Established in 1950, the ECHR outlines the rights and freedoms individuals are entitled to across the 46 signatory countries, overseen by the European Court of Human Rights in Strasbourg. It is essential to note that the ECHR is distinct from the European Union, so the UK remained a part of both entities post-Brexit
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