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Kemi Badenoch has declared that the Conservative administration if she becomes prime minister would withdraw Britain from the ECHR.

The decision marks a lurch to the right for the Tories, who are attempting to stem a erosion of backing to Reform UK led by Nigel Farage. The Reform leader has long been a opponent of the ECHR and has vowed to leave it if he takes office as prime minister.

Badenoch's Statement

Badenoch said on Friday night that she had “carefully weighed this choice, but it is clear that it is essential to protect our borders, our ex-service personnel and our people”.

Arguments For and Against ECHR Withdrawal

Opponents of the ECHR claim it hinders the authorities' attempts to deal with illegal migration and deport overseas offenders.

Some commentators argue that withdrawing from the treaty would harm the UK’s global standing and violate the Belfast Agreement, which brought an end to years of strife in Northern Ireland. Russia and Belarus are the sole European nations that are not party to it.

Assessment Findings

Badenoch’s decision follows the conclusion of a extensive study by Lord Wolfson, the shadow attorney general, which determined that the convention “places significant constraints on the government” across a variety of fields, including border control.

Lord Wolfson deemed other options, such as revising or derogating from the treaty, “either unrealistic or ineffective”.

Wolfson maintained that withdrawal was compatible with the Good Friday agreement and the post-Brexit trade pact agreed under the former prime minister to ease post-Brexit trading arrangements.

Party Response

Tory officials said: “In contrast to Reform UK, who have made hasty announcements with little thought of the consequences and no plan to deliver behind them, the Tories have done the thorough analysis to examine the legal and practical considerations required to withdraw from the convention in an systematic way.”

Context on the ECHR

The ECHR was established in the mid-20th century and sets out the rights and freedoms people are entitled to in the 46 signatory countries of the Council of Europe. It is a central part of UK human rights law and has been used to halt efforts to remove individuals who are considered to be in the UK without authorization.

Key Concerns

Opponents focused their concerns on Article Three, which prohibits inhuman or degrading treatment, and article 8, which helps to protect the right to private and family life, saying that they are being interpreted too broadly by the courts and block lawful removals.

Individuals and countries can only make an application to the European court of human rights after they have used all national legal options.

Leadership Election Background

During the Conservative leadership election last summer, membership of the ECHR became a dividing line between the two candidates. Badenoch argued that withdrawal would not resolve the UK’s issues, while Jenrick said his party would “perish” if it argued to stay in.