PM urges European leaders to reform human rights laws to tackle illegal migration

Sir Keir Starmer has urged European leaders to rewrite human rights legislation to make it easier to deport illegal migrants ahead of critical discussions on the European Convention on Human Rights (ECHR).

The government has already confirmed plans to limit asylum seekers' use of the "right to family life" clause in the ECHR to prevent deportation from the UK. Now, the Prime Minister is urging fellow ECHR members to amend the legislation to make it easier for states to remove people who do not have the right to be in Europe.

Both the Conservatives and Reform UK have called for a complete withdrawal from the ECHR. However, Sir Keir is instead requesting that the convention be updated to cope with the challenges posed by mass migration. In an article for The Guardian, he argues that urgent changes to the convention are required to defeat "the forces of hate and division" that have risen across Europe.

In a joint piece with Danish Prime Minister Mette Frederiksen, the PM wrote: "Listening to legitimate concerns and acting on them is what our politics is about. That's not empty populism, it's democracy. We are determined to demonstrate that our societies can act with compassion while still upholding law and order, as well as fairness."

Key Reforms Discussed 🌍

Critics argue that the ECHR obstructs the deportation of illegal migrants, while supporters insist that its involvement in migration cases is exaggerated. The talks in Strasbourg are expected to address topics such as combating migrant smuggling and the establishment of human rights-compliant "return hubs"—centres outside of Europe where migrants could be housed if they cannot be returned to unsafe countries of origin.

Discussions will also cover Article 8 (the right to family life) and Article 3 (the prohibition of inhuman or degrading treatment), both of which are commonly cited in migration cases.

Justice Secretary David Lammy and Attorney General Lord Hermer have travelled to Strasbourg to participate in the discussions. Lammy is expected to argue that "the definition of 'family life' can't be stretched to prevent the removal of people with no right to remain," and that states must be able to make proportionate decisions on the removal of foreign criminals.

He will add that the convention, while a "vital backbone of peace and stability in Europe," was "never intended to be frozen in time."

A Political Declaration

According to the BBC, the aim is for member states to agree on a political declaration by the spring, which will determine how the ECHR is applied in migration cases. If adopted, this could represent one of the most significant changes to how human rights legislation is implemented in the convention's 75-year history.

This move follows months of tension within the Council of Europe, the body that oversees the ECHR. Earlier this year, nine members, led by Italy and Denmark, called for changes. The UK did not sign that open letter but has been lobbying behind the scenes for reform.

Membership of the convention has become a contentious issue in UK politics. Both the Conservatives and Reform UK have stated they would leave the ECHR if they won the next election. Conservative leader Kemi Badenoch has said that while leaving would not be a "silver bullet," it is a necessary step to "secure our borders, our veterans, and our citizens." Conversely, Liberal Democrat leader Sir Ed Davey condemned such a move, arguing that the convention "upholds our rights" and that leaving would "do nothing to stop the boats or fix our broken immigration system."

Domestic and International Cooperation

Domestically, the UK government has already announced legislation to restrict how the right to private and family life is applied in deportation cases. Officials will now collaborate with member states on a political statement to clarify the application of human rights laws to migration challenges, with a deadline set for next year.

Alain Berset, Secretary General of the Council of Europe, told the BBC in October that he was "fully open" to discussing human rights reforms. This olive branch followed months of diplomatic talks, paving the way for Wednesday's meeting.

"The European Convention on Human Rights provides the framework we need to address these problems efficiently and responsibly," Berset said ahead of the meeting. "Our aim is not to weaken the Convention, but to keep it healthy and relevant—to ensure that liberty, justice, and security remain in balance."