🔗 Share this article

Kemi Badenoch is anticipated to present a plan this coming Sunday for the UK to withdraw from the ECHR should the Conservatives win the upcoming general election. This decision comes as the Tories' attempt to stop a loss of support to the rival party.

Political Reactions and Party Dynamics

Rival parties are likely to highlight this move as evidence that the Conservatives have shifted towards more conservative policies. Only Russia and Belarus are the only other countries in Europe that have withdrawn from the ECHR. This position could cost the party support from centrist voters.

The Tory leader's position has hardened since last autumn, when she remarked that exiting the treaty would not be a “quick fix” for addressing immigration. By February, she suggested the UK would “likely have to leave” if the agreement prevented the government from taking action in the country's best interests.

Despite private concerns from centrist Conservatives that such a decision could drive out party moderates, the leader is believed to have approved plans to withdraw the ECHR.

Upcoming Announcement and Manchester Event

Badenoch is now scheduled to detail in a address at the party's annual gathering on Sunday how the Conservatives would leave the ECHR. This comes after a senior party discussion on the decision held on the previous day.

In June, Badenoch set up a commission to examine whether the UK should withdraw from a number of global treaties, such as the ECHR and the refugee convention, and repeal some UK laws, like the Climate Change Act and the Equality Act.

Tory MPs' Opinions

Moderate Tory MPs have been keeping their reservations private to avoid worsening the party's dire poll ratings. “Given where we are I’m not voicing opposition against it,” a member commented, while another noted it was “hard to argue against” given the party's position.

Nonetheless, several Conservative MPs who had earlier expressed opposition against leaving the ECHR, cautioning about the impact on the Good Friday agreement and the UK’s global standing, now seem to have changed their minds.

“The ECHR is letting down us all. Europe needs a revised agreement on asylum and immigration to cope with the global situation of today, which is distinct from the era of the post-war period,” one MP stated. “The Labour leader needs to be leading the charge or he’ll lose. People across the country have had enough.”

Another Conservative member said: “Things have changed. When people perceive international agreements as preventing elected officials doing things they voted them in for – the democratic process comes first.” Another added: “The global landscape has progressed in respect of the European convention and will have advanced further by the next general election.”

Convention History and Function

The ECHR was established in the mid-20th century and outlines the rights and freedoms individuals are guaranteed in the 46 signatory countries of the European body. It is a central part of UK human rights law and has been used to halt efforts to remove people who are considered to be in the UK illegally.

Opponents have focused their objections on article 3, which protects against cruel or humiliating actions, and the eighth article, which helps to safeguard the right to personal and family privacy.

People and countries can make an application to the European court of human rights (not to be mistaken with the court of justice of the EU), but only if they have exhausted every national legal option.

Leadership Divisions

During the Tory leadership contest, the ECHR became a point of disagreement between Badenoch and Robert Jenrick, who failed to become party chief. She argued that leaving the convention would not resolve the UK’s issues, while her opponent claimed his party would “fail” if it argued to remain.

Jenrick, said recently that prospective Conservative candidates should either endorse exiting the European convention or stand down.

Addressing a meeting of the Thatcherite Bruges Group, he said: “I would get them to sign a pledge to say they actually represent Conservative values. I would get them to say you have must leave the European convention, and if you refuse to do that, don’t stand as a Conservative.”

Moderate Tories were alarmed by Jenrick's comments. A ex-Conservative minister said: “This step of in practice imposing an ideological purity test is a dangerous path for any party. It is more sensible to broaden your appeal rather than contract it.”

Labour's Position

Labour has revealed plans to try to restrict people's ability to use the European convention to challenge removal.

The Labour leader said on Monday that he was prepared to alter the manner the ECHR is implemented in the UK to enable the government to remove more refugees whose applications have been rejected and overseas offenders who claim they are victims of abuse.

He said the government needed to “look again at the application” of articles 3 and 8 of the treaty, which defend the rights of people against breaches of their family life, and torture or inhuman treatment if deported back to their home country.