Badenoch confirmed she would announced that a Conservative administration under her leadership would pull the UK out the European convention on human rights.
This move marks a lurch to the right for the Tories, who are striving to stem a loss of support to Reform UK led by Nigel Farage. The Reform leader has consistently been a critic of the ECHR and has vowed to withdraw from it if he takes office as prime minister.
She stated recently that she had “not come to this decision lightly, but it is clear that it is necessary to protect our frontiers, our veterans and our citizens”.
Opponents of the ECHR argue it hinders the government’s efforts to deal with illegal migration and remove overseas offenders.
Some commentators contend that withdrawing from the treaty would harm the UK’s international reputation and breach the Belfast Agreement, which brought an end to decades of conflict in the province. Only Russia and Belarus are the only two European countries that are not party to it.
The announcement follows the conclusion of a months-long review by David Wolfson, the opposition legal chief, which found that the convention “imposes major limits on the administration” across a range of areas, including immigration management.
The commercial barrister considered other alternatives, such as revising or opting out of the treaty, “not feasible or insufficient”.
Wolfson maintained that leaving it was compatible with the Good Friday agreement and the post-Brexit trade pact negotiated by the former prime minister to simplify trade after leaving the EU.
Tory officials said: “In contrast to Reform UK, who have made hasty pledges with little thought of the implications and no plan to implement them, the Conservatives have done the serious work to examine the juridical and operational factors required to leave the ECHR in an orderly manner.”
The ECHR was established in the mid-20th century and sets out the rights and freedoms people are entitled to in the member states of the European body. It is a central part of UK human rights law and has been used to halt efforts to deport individuals who are considered to be in the UK without authorization.
Its critics highlighted problems with article 3, which prohibits inhuman or degrading treatment, and Article Eight, which helps to protect the right to private and family life, arguing that they are being expansively applied by judges and prevent legitimate deportations.
People and nations can only make an application to the Strasbourg court after they have exhausted every domestic route.
During the Conservative leadership election last summer, membership of the ECHR became a dividing line between the two candidates. She claimed that leaving the ECHR would not solve the UK’s issues, while Jenrick said his the Conservatives would “perish” if it argued to stay in.
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