European Convention on Human Rights - The future ?

Letter to Council of Europe from 9 countries - Denmark, Italy, Austria, Belgium, Czech Republic, Estonia, Latvia, Lithuania, Poland. (The order in which the signatures to the letter appear).

Speech (18 June 2025) at the Council of Europe by Shabana Mahmood (Secretary of State for Justice and Lord Chancellor) - indicating that the UK may legislate about interpretation of certain convention rights

According to Mahmood ' ... across Europe, public confidence in the rule of law is fraying ...'

'There

is a growing perception – sometimes mistaken, sometimes grounded in reality – that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility.'

Mahmood said - " .. when the application of rights begins to feel out of step with common sense – when it conflicts with fairness or disrupts legitimate government action – trust begins to erode.

We have seen this in the UK in two particularly sensitive areas: immigration and criminal justice.

If a foreign national commits a serious crime, they should expect to be removed from the country.

But we see cases where individuals invoke the right to family life – even after neglecting or harming those very family ties.

Or take prison discipline. Being in custody is a punishment. It means some privileges are lost.

But dangerous prisoners have been invoking Article 8 to try to block prison staff from putting them in separation centres to manage the risk they pose.

It is not right that dangerous prisoners’ rights are given priority over others’ safety and security.

That is not what the Convention was ever intended to protect.'

Comment

Mahmood referred to "common sense". I am always somewhat nervous about such references because it is can be problematic.  The letter from the 9 nations does not use that phrase. It states - 

 

Mahmood will have to produce more detailed proposals about the changes the government envisages and it may be preferable to reserve comment until then. The speech referred to immigration and prisoners' rights but will government proposals extend beyond those? 

Politically, the Labour government continues to support the European Convention but this speech indicates that there is a view within government that human rights claims are inhibiting action they wish to take to deal with immigration. The speech is therefore a significant change of tone from Labour. 

Some UK politicians have made statements that the UK should withdraw from the convention. Whatever changes the Labour government is able to make will be unlikely to satisfy those who want to have nothing to do with the convention.

Links

Joshua Rozenberg - ECHR must evolve

Public Law for Everyone - Justice Secretary Shabana Mahmood on human rights reform in the UK and in Europe

Immigration - European Court of Human Rights - Case Law Guide

UK Immigration Rules