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Kemi Badenoch has declared that the Conservative administration under her leadership would pull the UK out the ECHR.

The decision signals a lurch to the right for the Tories, who are attempting to stem a loss of support to Reform UK led by Nigel Farage. The Reform leader has long been a critic of the ECHR and has vowed to leave it if he becomes prime minister.

The Leader's Statement

Badenoch said on Friday night that she had “not come to this decision lightly, but it is evident that it is necessary to safeguard our frontiers, our ex-service personnel and our citizens”.

Arguments For and Against ECHR Withdrawal

Critics of the ECHR argue it hinders the government’s efforts to deal with illegal migration and remove foreign criminals.

Some commentators argue that withdrawing from the treaty would harm the UK’s global standing and violate the Good Friday agreement, which ended decades of conflict in the province. Russia and Belarus are the only two European countries that are not party to it.

Assessment Conclusions

Badenoch’s decision follows the conclusion of a months-long review by David Wolfson, the shadow attorney general, which found that the convention “places significant constraints on the government” across a range of areas, including immigration management.

The commercial barrister considered other options, such as renegotiating or opting out of the treaty, “not feasible or insufficient”.

Wolfson maintained that leaving it was consistent with the 1998 peace deal and the post-Brexit trade pact negotiated by Rishi Sunak to simplify post-Brexit trading arrangements.

Party Statement

Tory officials commented: “In contrast to Reform UK, who have made hasty announcements with no consideration of the implications and no strategy to implement them, the Tories have done the thorough analysis to explore the legal and practical considerations required to leave the ECHR in an systematic way.”

Background on the ECHR

This human rights treaty was created in 1950 and sets out the liberties and entitlements individuals can claim in the member states of the European body. It is a key component of Britain's rights legislation and has been invoked to stop efforts to remove individuals who are deemed to be in the UK illegally.

Key Concerns

Opponents focused their concerns on article 3, which protects against cruel or humiliating practices, and article 8, which safeguards the right to private and family life, arguing that they are being interpreted too broadly by judges and prevent lawful removals.

Individuals and countries can only appeal to the European court of human rights once they have exhausted every domestic route.

Leadership Contest Context

During the Tory leadership race last summer, membership of the ECHR became a key difference between Badenoch and Robert Jenrick. Badenoch argued that leaving the ECHR would not solve the UK’s issues, while Jenrick said his the Conservatives would “perish” if it supported remaining.