The Home Secretary will also make changes to how the Refugee Convention is applied, as well as the Modern Slavery Act, to address the issue of deportations of illegal migrants being blocked in the courts.
In recent months, ministers have come to the conclusion that major changes are needed to how international law is interpreted to prevent unsuccessful asylum seekers from using the courts to block their deportations.
Article 3 bans torture or degrading treatment while 8 protects the right to private and family life.
In its immigration white paper in May, the Government promised legislation to “clarify” how the right to a family life should apply to immigration cases.
Mahmood expressed anger earlier this month when a deportation of an Eritrean man under the government’s new one-in one-out deal with France was blocked by the courts under the Modern Slavery Act after he claimed he had been trafficked.
A Home Office source told The i Paper that people would be “surprised” just how radical the Government was willing to be to tackle the boats.
On Wednesday, Starmer confirmed to the BBC that the Government was going to “look again at the interpretation” of a wide range of international law, although he said it would not “tear them down”.
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Read MorePushed on the details, he said: “It’s article 3, or article 8, they’re the two that are most immediately in play. But it’s more than that, it’s the refugee conventions, it’s the torture conventions, it’s conventions of the rights of children.
The charity Freedom from Torture warned against “rolling back rights that keep everyone safe from abuse”.
Chief executive Sonya Sceats said: “Chipping away at Article 3 of the ECHR risks setting in train the destruction of the absolute ban on torture, the most appalling form of abuse, which Britain helped forge and champion over centuries.
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