UK (Parliament Politics Magazine) – Justice Secretary Shabana Mahmood said the UK takes an “extreme” ECHR approach, urging reform while rejecting withdrawal from the convention.
As reported by The Telegraph, Shabana Mahmood warned that Britain’s approach to the European Convention on Human Rights is overly strict.
What did Shabana Mahmood say about the UK’s ECHR approach?
The Justice Secretary said other European countries view Britain’s approach to the ECHR as maximalist, while she explained how the Government could reform its domestic court applications.
She told the Lords’ Constitution Committee,
“Interestingly, if you talk to colleagues across Europe, there is a view that Britain is maybe more at the maximalist end of the spectrum when it comes to interpreting how we might comply with our international obligations.”
Ms Mahmood said,
“I think it’s perfectly fine for us to question whether we have drawn the line in the right place, and the work that the Home Secretary is doing has both, you know, fresh guidance, secondary legislation or primary legislation all on the table as potential options.”
She stated,
“But as I say, the Home Office have done their immigration White Paper, where this work was a part of that, and they will be seeing more, a little later in the autumn, about progress on that front.”
Ms Mahmood said Home Secretary Yvette Cooper is considering a range of ECHR reforms within UK law, without leaving the convention.
She told MPs that plans on Article 8 rights will be unveiled in the autumn and “may expand” beyond the original plan.
The Justice Secretary said withdrawing from the ECHR would align the UK with Russia and Belarus, but affirmed the government could still defend human rights amid political pressure.
She stated that ministers are “believers in what the convention is trying to achieve” and
“if people who support this instrument and want it to work can’t have this debate in a sensible way, then I mean honestly there’s no hope really at all, for anybody.”
Ms Mahmood added that the Government was “not wanting to play, as you might say, populist politics with it.”
How is the UK planning to curb ECHR rights for deportations?
Yvette Cooper confirmed plans to limit judicial use of ECHR Articles 3 and 8 for removing failed asylum seekers and foreign criminals.
This follows media reports of illegal migrants using the ECHR to avoid deportation, including an Albanian criminal allowed to stay because of his son’s diet, and a Palestinian family admitted under a Ukrainian refugee scheme.
Ex-Labour home secretaries, including Lord Blunkett and Jack Straw, call on the government to suspend ECHR or decouple UK human rights laws to speed deportation of illegal migrants.
Kemi Badenoch’s stance on leaving the ECHR
The Conservative leader, Kemi Badenoch, said tackling immigration has “no silver bullet” and leaving the ECHR is “likely.” In her landmark speech, the Tory leader described the ECHR as a tool undermining common sense and democracy.
She claimed the ECHR has blocked the deportation of foreign criminals, citing Article 8 rights to family life.
Ms Badenoch said,
“Over and over again, we hear of cases like this, where the law is weak, or just a mess. Right now, we are turning into a country that protects criminals and rewards their victims.”
She claimed the government has “lost control” of the asylum system, now run by traffickers.
Nigel Farage’s views on leaving the ECHR
Reform UK leader Nigel Farage said he would pull the UK out of the ECHR if Reform wins the next election.
He reaffirmed his plan to scrap the Human Rights Act and block three international treaties, calling them obstacles to deporting illegal arrivals.
Mr Farage stated that a Reform government would detain and deport illegal migrants, including women and children, but later clarified it would target only males.
Number of illegal migrants in the UK
In the year ending March 2025, 38,023 people arrived by small boats, a 22% increase and 86% of irregular entries. The number of unauthorised migrants is uncertain, estimated between 700,000 and 1.2 million.
Very few are returned, with only 5,563 between 2018 and 2025. In 2025 alone, just 2,240 small boat arrivals were sent back.
Key facts about the ECHR
The ECHR was drafted after WWII, with the UK first to ratify in 1951. It protects life, fair trial, speech, privacy, and bans torture.
The convention has 46 members, excluding Belarus and Russia. The ECtHR enforces it, and its rulings are legally binding. Individuals, groups, or states can bring cases to the ECtHR after using domestic courts.