European leaders are being urged to reform major human rights laws to help tackle illegal migration and prevent voters from turning to “the forces that seek to divide us”, Sir Keir Starmer has said.
The Prime Minister and his Danish counterpart Mette Frederiksen jointly called on other leaders to agree a “modernisation” of how the European Convention on Human Rights (ECHR) is interpreted in their countries’ laws.
In an opinion piece for the Guardian, the two prime ministers advocated for a tougher approach to policing Europe’s borders as a means of winning against populist political opponents.
The ECHR, which underpins Britain’s Human Rights Act, is seen by its critics as a major barrier to attempts to deport illegal migrants from the country.
Last month, Shabana Mahmood outlined new reforms to Britain’s asylum policy, including a push for international reform of the interpretation of parts of Article 3, which protects individuals from torture and inhumane or degrading treatment, on the grounds that its current interpretation can impede removals.
Denmark has taken a similar approach while remaining inside the ECHR.
‘Created for another era’
The Home Office has said it has seen a trend of Article 3 rights being used to halt deportations because of claims migrants’ healthcare needs could not be met in their homeland.
The Conservatives and Reform UK have both said they would leave the ECHR if in power.
In his joint op-ed with Fredriksen, Starmer acknowledged the “current asylum framework was created for another era”, adding: “In a world with mass mobility, yesterday’s answers do not work. We will always protect those fleeing war and terror – but the world has changed and asylum systems must change with it.”
“Migration must be orderly, managed and sustainable. Irregular routes should not be the go-to option – so we must dismantle the human smuggling networks that prey on desperation.
“Together, we are calling on our friends across Europe to go further in tackling these shared challenges,” the two leaders wrote.
European ministers, including Deputy Prime Minister David Lammy, are due to meet in Strasbourg, France, on Wednesday to discuss reforming how the treaty is interpreted in the courts.
A political declaration signed by the gathered ministers could carry enough weight to directly influence how the European Court of Human Rights interprets the agreement, it is understood.
Human rights campaigners criticise reforms
In a warning to other leaders, Starmer and Fredriksen added: “Europe has faced big tests before and we have overcome them by acting together. Now we must do so again. Otherwise, the forces that seek to divide us will grow stronger.
“So our message is this: as responsible, progressive governments we will deliver the change that people are crying out for. We will control our borders to protect our democracies – and make our nations stronger than ever in the years to come.”
The Government is expected to bring forward homegrown legislation to change how the Article 8 right to family life is interpreted in UK courts, and is also considering examining the threshold for Article 3 rights.
Amnesty International UK has hit out at UK plans to lead reforms of the ECHR, describing it as weakening protections.
Steve Valdez-Symonds, Amnesty International UK’s refugee and migrant rights programme director, said the move “shows how far we have drifted from the moral resolve of the last century, when our grandparents determined that the fact we are all born free and equal must be protected in law.”
He continued: “Human rights were never meant to be optional or reserved for comfortable and secure times. They were designed to be a compass, our conscience, when the politics of fear and division try to steer us wrong. To weaken ECHR protections now, on a day meant to reaffirm dignity and protection for all, is not reform. It is moral retreat.”
Separately, French far-right leader Jordan Bardella, who met Nigel Farage in London this week, told the Daily Telegraph he would rewrite French border policy to allow British patrol boats to push back migrant dinghies into France’s waters, if he led the country.
The National Rally leader and French MEP is currently leading in opinion polls to win the first round of France’s next presidential elections, expected in 2027.
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As ministers continue their plans to bear down on migration, a cross-party group of MPs has meanwhile claimed that a proposed youth exchange scheme with the EU could have a cap as high as 44,000 without adding to net migration.
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