Starmer Urges ECHR Reform to Bolster Borders and Counter Right-Wing Surge
Amid growing concerns over migration and the rise of populist movements, UK Prime Minister Keir Starmer is calling for urgent reforms to joint European human rights laws. The proposed changes aim to empower member states to take more decisive action in securing their borders, a move unveiled ahead of a crucial European summit scheduled for Wednesday.
Starmer urged fellow European leaders to “go further” in modernizing the interpretation of the European Convention on Human Rights (ECHR), specifically to prevent asylum seekers from utilizing it to avoid deportation. This initiative, however, has already drawn sharp criticism from human rights advocates, Labour peers, and some Members of Parliament, who fear it could lead to the abandonment of protections for vulnerable populations.
Critics of the government’s broader asylum changes argue that diluting these protections would be a concession to the right, exacerbating concerns that the rhetoric surrounding immigration could demonize refugees. On the eve of the Council of Europe summit in Strasbourg, a coalition of 21 prominent figures – including actors Michael Palin, Stephen Fry, and Joanna Lumley – publicly appealed to Starmer to reconsider his plans, urging him to “take a principled stand” in defense of torture victims.
The government announced last month sweeping changes intended to curtail the use of ECHR rights, particularly the right to family life, as a means of avoiding deportation. While the Conservatives and Reform UK have advocated for complete withdrawal from the convention, Starmer argues that updating its interpretation is essential to address the challenges of 21st-century mass migration and counter the divisive tactics of far-right forces.
“The best way of fighting against the forces of hate and division is to show that mainstream, progressive politics can fix this problem,” Starmer wrote in a joint article with Danish Prime Minister Mette Frederiksen. “Listening to legitimate concerns and acting on them is what our politics is about. That’s not empty populism, it’s democracy.”
The two leaders emphasized the need for a unified European response, stating that acting together is crucial to overcome shared challenges. “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,” they wrote. They pledged to deliver change that addresses public concerns while upholding both compassion and the rule of law.
The UK, mirroring Denmark’s stringent asylum model, saw asylum grants fall to a 40-year low last year, excluding the pandemic-affected year of 2020. David Lammy, the Justice Secretary, and Richard Hermer, the Attorney General, will represent the UK at the Strasbourg meeting, where they will explore options for updating the ECHR’s implementation.
A proposed political declaration emerging from the summit could significantly influence how the European Court of Human Rights interprets and applies ECHR rights, should it garner sufficient support. The government has already signaled its intention to legislate clarification regarding the interpretation of Article 8 – the right to a private life – in relation to immigration regulations.
Lammy is expected to advocate for reinterpreting the ECHR to narrow the scope of rights under Article 3, which prohibits torture and “degrading treatment.” This could involve raising the threshold for acceptable prison conditions or access to healthcare abroad, potentially facilitating extradition or deportation from the UK.
The Deputy Prime Minister will reaffirm the UK’s commitment to the ECHR, characterizing withdrawal as a “fake solution” that would jeopardize international agreements on national and border security. He is expected to argue for a balance between individual rights and public interest, warning that a loss of confidence in the convention could undermine human rights themselves. “The definition of ‘family life’ can’t be stretched to prevent the removal of people with no right to remain in the country… The threshold of ‘inhuman and degrading treatment’ must be constrained to the most serious issues,” he is expected to state.
These proposed changes come as Nigel Farage’s Reform UK gains traction, fueled by public dissatisfaction with the government’s handling of unauthorized small boat crossings and concerns over the use of hotels to house asylum seekers. New measures include potentially forcing individuals with refugee status to return home when conditions permit, imposing a 20-year waiting period for permanent settlement for those arriving illegally, and revoking the statutory duty to provide support – including housing and allowances – to asylum seekers. The government also plans to introduce capped “safe and legal routes” to the UK, aiming to reduce dangerous Channel crossings.
However, Labour MPs, charities, and legal experts have cautioned that weakening the application of Article 3 in the UK could set a dangerous precedent, potentially encouraging less scrupulous nations to follow suit with devastating consequences. Veronika Fikfak, a professor of international law at University College London, emphasized that altering the anti-torture provisions within the ECHR “touches the very core” of the convention. “Prohibition of torture and inhuman and degrading treatment is an absolute right. It allows for no balancing. There is no margin of appreciation for states, nor any deference to them,” she said.
Lammy will engage in discussions with ministers from 45 other countries regarding potential changes. Nine member states, including Italy and Denmark, have already signaled their support for limiting the scope of the ECHR through a letter issued in May.
