UK pushes ECHR overhaul as articles 3 and 8 spark political showdown

UK ministers urge stricter ECHR interpretations as articles 3 and 8 face reform pressure

Articles 3 and 8 of the European Convention on Human Rights will come under renewed scrutiny today as interior, justice and migration ministers meet in Strasbourg. The lord chancellor, David Lammy, and the Attorney General are attending on behalf of the UK. The government intends to use the meeting to set out its argument that the convention must adapt to the pressures of mass migration if public confidence in the system is to be maintained.

Lammy is expected to restate the UK’s commitment to the ECHR and to emphasise that withdrawing from the framework would not resolve issues arising from migration or border enforcement. He will argue that leaving the convention would undermine the UK’s international agreements on national and border security. However, he will press partner states to accept that reform is necessary to ensure the convention remains effective in contemporary circumstances.

Prime Minister Keir Starmer has already set the tone for the UK’s position. Ahead of the meeting, he called on members of the Council of Europe to go further in modernising the interpretation of the convention, particularly where it has been deployed to contest deportation decisions. According to Starmer, the asylum system must change to reflect increased global movement and the distinction between people fleeing conflict and those seeking improved prospects.

At the meeting, Lammy will announce that the government intends to introduce legislation to clarify how Article 8, which protects the right to a private and family life, interacts with immigration rules. He will say that the definition of family life should not expand to the point of preventing the removal of individuals who have no lawful right to remain. The government plans to adjust public interest tests to reflect what it considers to be the expectations of the UK population.

The UK is also working with countries sharing similar concerns on the interpretation of Article 3, which addresses freedom from torture and prohibits inhuman or degrading treatment. Lammy is expected to say that the threshold for establishing inhuman or degrading treatment in removal, deportation or extradition cases should apply only to the most serious situations, such as extreme failures in prison conditions or essential healthcare access.

In his prepared statement, Lammy will describe the convention as a foundation of peace, stability and security across Europe, but one that has always evolved. He will say that adapting the interpretation of key provisions will help the ECHR keep pace with modern challenges and secure its future.

In a joint article published today, Starmer and Danish Prime Minister Mette Frederiksen argue that the current asylum framework was designed for a different period. They state that systems must recognise the growth in global mobility and provide effective protection for genuine refugees while ensuring communities are not overwhelmed by rapid change.