The Conservative Party has proposed changes to the law that would prevent migrants and foreign criminals from using the Human Rights Act to challenge deportations in UK courts. Party leader Kemi Badenoch argues that the act has been exploited by those seeking to avoid removal, often citing rights such as family life to remain in the country. She believes that some judges have interpreted the law too generously, making it harder for the government to enforce immigration policies.
The Human Rights Act, introduced by a previous Labour government, incorporates the European Convention on Human Rights (ECHR) into British law. The ECHR has long been a divisive issue within the Conservative Party, with some members calling for the UK to withdraw from the treaty entirely. While Badenoch has not proposed leaving the ECHR, she is pushing for an amendment to the government’s Border Security, Asylum and Immigration Bill—currently in its committee stage—that would prevent the act from applying to immigration cases.
Explaining her stance, Badenoch said that her proposed amendment was necessary to shift immigration powers from the courts to elected ministers in Parliament. She argued that giving lawmakers greater control would strengthen the UK’s borders and national security. “Operating in Britain’s national interest means recognizing the government’s primary purpose: defending our borders, values, and people. Our amendment aims to restore control and prioritize national security,” she stated.
However, critics have dismissed the proposal as impractical. A Home Office source accused the Conservatives of creating “utter chaos” in the asylum system during their 14 years in power. The source highlighted the failure of the Rwanda deportation scheme, which cost hundreds of millions of pounds, while small boat crossings reached record levels. “This amendment is totally unworkable,” they said, adding that the Labour government is now taking steps to fix the system, increasing deportations of those with no legal right to remain, reducing the use of asylum hotels, and reviewing how Article 8 of the ECHR—relating to the right to family life—is applied.
The ECHR was established in 1950 with the UK as a founding member. It protects the rights and freedoms of individuals across 46 signatory nations and is overseen by the European Court of Human Rights in Strasbourg. Although the UK remained a party to the convention after Brexit, the treaty remains a contentious issue within the Conservative Party, with some members arguing that the UK should withdraw to regain full control over its immigration policies.
If the Conservative proposal were enacted, migrants would still have the option to appeal their deportation to the European Court of Human Rights. However, the proposed changes would significantly reduce the ability of individuals to challenge deportation in UK courts under human rights legislation. The policy also serves as a political dividing line between the Conservatives and Labour, which has focused on tightening existing immigration rules rather than making fundamental legal changes.
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