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Kemi Badenoch has declared that a Conservative government if she becomes prime minister would pull the UK out the ECHR.

The decision marks a rightward shift for the Conservative party, who are attempting to stem a loss of support to Nigel Farage’s Reform UK. The Reform leader has consistently been a critic of the ECHR and has pledged to leave it if he takes office as prime minister.

The Leader's Announcement

Badenoch said on Friday night that she had “carefully weighed this choice, but it is clear that it is essential to safeguard our borders, our veterans and our people”.

Arguments Surrounding ECHR Withdrawal

Opponents of the ECHR argue it frustrates the authorities' attempts to deal with illegal migration and deport foreign criminals.

Others argue that withdrawing from the treaty would damage the UK’s global standing and breach the Good Friday agreement, which ended years of strife in Northern Ireland. Russia and Belarus are the only two European countries that are not party to it.

Review Findings

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

The commercial barrister considered other options, such as renegotiating or opting out of the agreement, “not feasible or insufficient”.

He argued that leaving it was compatible with the Good Friday agreement and the post-Brexit trade pact agreed under the former prime minister to ease trade after leaving the EU.

Conservative Response

Tory officials said: “Unlike Reform UK, who have made hasty pledges with little thought of the implications and no strategy to deliver behind them, the Conservatives have done the serious work to explore the legal and practical considerations necessary to leave the ECHR in an systematic way.”

Context on the European Convention

This human rights treaty was created in 1950 and sets out the liberties and entitlements individuals can claim in the 46 signatory countries of the European body. It is a central part of UK human rights law and has been invoked to stop attempts to remove individuals who are deemed to be in the UK illegally.

Key Concerns

Opponents focused their concerns on article 3, which prohibits cruel or humiliating practices, and article 8, which safeguards the right to private and family life, arguing that they are being expansively applied by the courts and block legitimate deportations.

People and nations can only appeal to the Strasbourg court after they have used all national legal options.

Party Election Context

During the Tory leadership race previously, participation in the convention became a key difference between the two candidates. Badenoch argued that leaving the ECHR would not solve the UK’s issues, while Jenrick said his party would “perish” if it argued to stay in.