Threats to leave the European Convention on Human Rights are once again making headlines in the UK, as the right-wing Conservative Party elects its new leader. Robert Jenrick and Kemi Badenoch, contenders in the leadership race, have both expressed willingness to leave the convention to control immigration. However, experts argue that leaving the ECHR would not make much of a difference, as international obligations would still prevent the UK from freely deporting migrants. The ECHR only places limited constraints on how countries handle refugees and asylum seekers, not legal migration, which accounts for the majority of migration figures. The issue of ECHR membership in the UK is likely intensified by lingering Euroscepticism, despite the fact that the Council of Europe and the ECHR are separate from the EU.
The ECtHR can only block deportations in specific cases where asylum seekers face serious harm if returned to a third country. The legal principle of non-refoulement, which is part of international law and various treaties besides the ECHR, prohibits deporting individuals to a country where their life or freedom may be at risk due to factors like race or religion. Even if the UK were to leave the ECHR, they would still be bound by international obligations such as the UN Refugee Convention. Moreover, the ECHR primarily impacts how countries treat refugees and asylum seekers, not legal migration policies.
The issue of leaving the ECHR is fraught with implications for the UK’s reputation internationally and its relations with the EU. Experts caution that withdrawing from the ECHR could damage the UK’s standing as a country committed to human rights and cause complications in Brexit negotiations with the EU. The Good Friday Agreement between the UK and Ireland explicitly incorporates the ECHR, making leaving the convention problematic. The UK has historically played a prominent role in the development of the ECHR and has benefited from the protections it offers, with the UK legal system maintaining a collaborative relationship with the ECtHR.
Experts emphasize that the benefits of remaining in the ECHR outweigh the drawbacks of leaving. The ECHR has played a crucial role in strengthening human rights protection in the UK, with ECtHR judgments leading to significant legal and societal changes. The ECHR has safeguarded press freedoms, prevented unlawful retention of innocent individuals’ DNA, and upheld key human rights principles. Leaving the ECHR would not only risk the UK’s diplomatic reputation but also potentially undermine the progress made in human rights protection within the country. Critics argue that the right-wing focus on leaving the ECHR detracts from ensuring the smooth functioning of human rights legislation and international agreements.
