Justice Secretary Shabana Mahmood has confirmed that the UK will push for reforms to the European Convention on Human Rights (ECHR), citing growing public frustration over how the treaty is being used in immigration and deportation cases. In a speech to the Council of Europe, Mahmood stressed that while the UK remains committed to upholding human rights, the 70-year-old convention must evolve to meet modern challenges, particularly around public safety and border control.
Mahmood pointed to the increasing use of Articles 3 and 8 provisions protecting against inhuman treatment and safeguarding family life by foreign nationals to resist deportation after committing serious crimes. She argued that this has contributed to a perception that human rights protections are being used to shield individuals who pose a threat to public safety. “We must strike the right balance between protecting rights and upholding public confidence in the justice system,” she said, warning that a growing sense of imbalance risks eroding public trust in the rule of law.
Her comments reflect a broader sentiment across Europe, where countries like Italy and Denmark have also called for updates to the convention. Mahmood outlined a two-track approach: working with European allies to negotiate changes to the ECHR, while also introducing domestic legislation to guide UK courts on how these rights should be interpreted in cases involving deportation. One likely focus will be clarifying the weight given to family life claims when assessing whether someone should be removed from the UK.
The justice secretary was careful to stress that these reforms are not an attack on the concept of human rights, but rather a necessary step to ensure that rights remain relevant and practical in today’s world. She highlighted the need for common-sense interpretations that do not allow dangerous individuals to exploit legal loopholes. “The strength of our rights framework lies in its ability to adapt,” she said.
While Prime Minister Keir Starmer is believed to support Mahmood’s measured approach, the move has drawn mixed reactions. Some legal experts and human rights advocates fear that tinkering with established rights could weaken essential protections. Others within Labour are wary of being seen as drifting toward populist rhetoric.
Still, Mahmood’s speech marks a significant shift in tone from a Labour government, signalling a willingness to lead on reform, not just uphold the status quo. The coming months will reveal how far the UK can go in reshaping the Convention without compromising its fundamental values.
