Sir Keir Starmer has called on European leaders to consider reforms to the European Convention on Human Rights (ECHR) as part of broader efforts to tackle illegal migration.
Last month, the Government set out plans to narrow how the ECHR’s “right to family life” – Article 8 of the convention – applies in deportation cases.
But ministers now want European allies in the Council of Europe to look at formal changes.
Justice Secretary David Lammy and Attorney General Richard Hermer travelled to France today for talks which focused heavily on the future scope of the convention.
Following the meeting, representatives of 27 of the 46 Council of Europe members, including the UK, signed an unofficial statement which called for a new ECHR framework, which is set to be formally ratified next spring.
Here’s how the convention could be reformed – and what that means for the UK.
What changes is Starmer proposing?
The ECHR, created after the Second World War, is a key treaty from the Council of Europe that sets minimum standards for how states must treat people. It is enforced by the European Court of Human Rights (ECtHR) in Strasbourg.
Starmer has ruled out leaving the convention, unlike Conservative leader Kemi Badenoch and Reform UK’s Nigel Farage, who support withdrawal.
The Government says the ECHR should remain “a critical foundation of peace, stability and security” but argues it must not be “frozen in time”.
Article 8 of the convention protects the right to family life. Last month, Home Secretary Shabana Mahmood said courts have adopted an “ever-expanding interpretation of this right”.
She announced domestic plans to tighten this clause, while Lammy pushes for a Europe-wide agreement to review its definition.
Article 3 of the ECHR protects against torture and “inhuman or degrading treatment or punishment”.
Lammy said he would argue that its interpretation has widened too far, covering issues such as limited access to healthcare abroad. He added that the threshold “must be constrained to the most serious issues” to allow proportionate removal decisions.
Keir Starmer with Denmark’s Prime Minister, Mette Frederiksen. European leaders are meeting to discuss the treaty and reforming how it is interpreted in the courts (Photo: Henry Nicholls/PA)Why the Government wants to change the ECHR
Small boat arrivals have climbed sharply, with around 46,000 people reaching the UK by September 2025. This was already higher than the 36,800 recorded across all of 2024.
Ministers argue this is putting pressure on the asylum system and increasing demands for firmer border control.
Meanwhile, across Europe many populist parties have gained support by promising stricter immigration controls. In the UK, Reform UK has surged in the polls with plans to freeze non-essential immigration and take tougher action on small boat crossings.
Starmer and Denmark’s Prime Minister, Mette Frederiksen, wrote in The Guardian that migration should leave communities feeling “supported rather than strained”.
They stressed that protecting refugees remains essential, but added that “controlling who comes here is an essential task of the government and is what the public rightly demands”.
The leaders also argued that Europe’s asylum rules were designed “for another era” and no longer reflect modern migration, where many people move for both safety and opportunity.
Updating how the ECHR is applied, they say, is necessary to keep protection focused on those most at risk while maintaining public confidence.
How certain changes could affect the UK
For most people, daily life will not change.
But the reforms could affect British citizens with relatives overseas, families facing removal decisions, migrants with humanitarian claims, and those working towards permanent settlement.
Domestic proposals from the Home Office provide an indication of the impact certain changes to the convention could have in the UK.
Currently, judges can sometimes block deportations if a migrant has family in the UK, using Article 8’s family life protections.
But under Home Office plans, only partners and children under 18 would normally be considered. Adult children, elderly parents, or siblings would face a much higher legal hurdle to prevent a removal.
Home Secretary Shabana Mahmood (Photo: Aaron Chown/PA Wire)These plans would also make it harder for migrants to block deportations for “exceptional” reasons. There have been cases where removals were delayed because medical care or other services in the home country were not as good as in the UK.
These were argued under Article 3, which protects against “inhuman” treatment. Mahmood’s reforms aim to ensure only the most serious, unavoidable risks – like real threats to life or safety – can prevent a removal under that clause.
But changes to the ECHR matter at a European level – because the convention is enforced by the ECtHR.
Even if Mahmood tightens UK law, Strasbourg rulings can still block deportations if judges there interpret Articles 3 or 8 as they often do currently, creating a legal headache for Starmer.
Securing an agreement with European partners would make it harder for migrants to challenge removals using the convention, likely giving UK reforms stronger legal backing.
What happens next
Negotiations in Strasbourg are ongoing.
Earlier this year, nine countries led by Italy and Denmark called for the convention’s scope to be reviewed. The UK did not sign their letter but supports the discussion.
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Alain Berset, secretary general of the Council of Europe, recently told the BBC he was “absolutely ready” to discuss updates, stressing that the goal is “not to weaken the convention, but to keep it strong and relevant”.
Member states are aiming to agree on a political declaration next spring.
This would guide how the ECtHR interprets Articles 3 and 8. Any changes to UK law, such as tightening Article 8, would continue separately through Parliament.
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