The Conservative Party will take Britain out of the European Convention on Human Rights if it wins the next general election, Kemi Badenoch announced today, marking a dramatic shift in party policy as delegates gather for their annual conference in Manchester.
The Tory leader’s declaration follows a comprehensive legal review that concluded staying within the ECHR blocks crucial migration reforms and undermines the protection of military veterans. The announcement, coming on the eve of the party conference, settles months of internal Conservative divisions over the controversial issue.
Badenoch stated: “It is time for Britain to leave the ECHR. I have not come to this decision lightly, but it is clear that it is necessary to protect our borders, our veterans, and our citizens.”
The party leader emphasised that unlike other political parties calling for withdrawal, the Conservatives had undertaken “serious work to develop a plan” for leaving, backed by legal advice from distinguished King’s Counsel.
Legal Review Finds “Significant Constraints”
The decision follows a detailed legal review led by shadow attorney general Lord Wolfson of Tredegar KC, which concluded that the ECHR placed “significant constraints” on the government’s ability to implement key Conservative policies. The review, totalling nearly 200 pages, was commissioned by Badenoch in June 2025 and examined five critical policy areas.
Lord Wolfson’s analysis tested how international law impacted Conservative proposals including: deporting foreign criminals and illegal immigrants, protecting military veterans from legal action, prioritising British citizens in access to public services, ensuring prison sentences reflect parliamentary intent, and preventing courts using climate change laws to block planning reforms.
“In all the five policy areas, the ECHR places significant constraints,” Lord Wolfson concluded. In his letter to Badenoch, he stated: “My overall view and advice is that should you wish to take the decision that it be Conservative Party policy that the UK should withdraw from the ECHR, such a policy would be perfectly possible both legally and practically.
The shadow attorney general added that withdrawal would make the UK’s ability to achieve Conservative policy goals “substantially easier” in each area examined. However, he cautioned that leaving the convention would not be a “panacea to all the issues that have arisen in recent years.”
Political U-Turn Sparks Fierce Criticism
The announcement represents a significant reversal for Badenoch, who previously argued against leaving the ECHR during last year’s Conservative leadership election. In October 2024, she had written on social media platform X that “Leaving the ECHR is not a silver bullet. We need to rewire the whole system, from end to end. It’s broken. Easy answers today just mean bigger problems tomorrow.”
Labour immediately seized on this apparent contradiction. A party spokesperson said: “Kemi Badenoch has adopted a policy she argued against in her own leadership campaign because she is too weak to stand up to her own party in the face of Reform.
The criticism reflects growing pressure on the Conservatives from Reform UK, which has already pledged to leave the ECHR as a day-one priority if elected. A Reform spokesman dismissed the Conservative announcement, stating: “The Conservatives had 14 years in government to leave the ECHR. Since then, it’s taken them 14 months to even decide what their policy is. Nobody trusts a single word they say anymore. The Conservative Party is finished.”
Historical Precedent and International Implications
If implemented, the UK would become only the second country to permanently leave the ECHR. Russia was expelled from the Council of Europe and the convention in March 2022 following its full-scale invasion of Ukraine, ceasing to be a party to the ECHR on 16 September 2022 after the required six-month notice period.
The only other country to have previously left was Greece, which withdrew in 1970 whilst under military rule, facing expulsion due to human rights abuses. Greece was readmitted in 1974 once democracy was restored.
The UK was instrumental in creating the ECHR, with British MP and lawyer Sir David Maxwell-Fyfe leading the drafting process. The convention, inspired by the Universal Declaration of Human Rights, came into force in 1953, with the UK being the first country to ratify it in 1951.
The European Convention currently protects fundamental rights including the right to life, prohibition of torture, right to liberty and security, right to a fair trial, and respect for private and family life across 46 member states of the Council of Europe.
Immigration Debate at Centre of Decision
The ECHR has become a focal point in Conservative immigration debates, with senior party figures arguing that its provisions obstruct efforts to deport foreign criminals and failed asylum seekers. Badenoch highlighted cases where convicted foreign criminals have successfully resisted deportation by claiming their “right to family life” under Article 8 of the convention.
She cited the example of two Rochdale grooming gang ringleaders, Adil Khan and Qari Abdul Rauf, who fought deportation using Article 8 protections. “Rauf even gave up his Pakistani citizenship, just to make sure we couldn’t send him back. He lost his appeals and yet, he’s still here. Still in Rochdale,” Badenoch stated.
The Conservative leader argued that the problem extends beyond just the ECHR, noting that other international agreements including the Refugee Convention and the European Convention Against Trafficking also impact immigration control. “It is obvious to anyone who has looked at this that there is no silver bullet. And every day the problem gets worse,” she admitted.
Legal and Constitutional Challenges
Lord Wolfson’s review acknowledged potential complications arising from withdrawal. The Good Friday Agreement, which helped secure peace in Northern Ireland, is underpinned by UK membership of the ECHR. Additionally, the UK-EU Trade and Cooperation Agreement references the convention, though Lord Wolfson concluded these were not insurmountable barriers to leaving.
“He added that he did not believe the Good Friday Agreement, the UK-EU trade agreement, and the Windsor Framework were barriers to leaving the ECHR,” the review stated. However, Lord Wolfson noted: “They do present political and other issues, which I have explained in my advice.”
To leave the ECHR, the UK would need to formally notify the Council of Europe with six months’ notice. Domestically, Parliament would likely need to pass an Act repealing the Human Rights Act 1998, which incorporates ECHR rights into UK law. Many Acts, including important devolution legislation concerning Scotland, Northern Ireland and Wales, refer to the ECHR and would require amendment.
Conference Showdown Expected
The announcement sets the stage for what many observers describe as a “make or break” conference for Badenoch’s leadership. She is expected to formally announce the policy in a speech to delegates on Sunday, the conference’s opening day.
Speaking ahead of the conference, Badenoch told media she is “staying the course” to fix the Conservative Party, which she cast as the only “credible alternative” to Labour. However, recent polling suggests significant challenges ahead, with YouGov finding that 45 per cent of voters think Badenoch has done badly as leader, whilst just one in five (20 per cent) think she has done well.
The party has also suffered from defections, with 18 former Tory MPs switching to Reform UK under her leadership, including former Defence Minister Sarah Atherton who defected on Thursday.
International Context and Reform Pressure
The UK is not alone in questioning the ECHR’s role in immigration matters. Nine Council of Europe member states, including Denmark and Italy, published a letter in May 2025 calling for an “open minded conversation” about whether the European Court of Human Rights has gone “too far” in its interpretation of the convention in migration cases.
However, none of these countries have publicly considered withdrawal from the convention. Danish Prime Minister Mette Frederiksen, despite taking a hard line on immigration, praised the convention at the 2023 Reykjavík summit as “one of the world’s best examples of how human rights can be safeguarded.”
Prime Minister Keir Starmer has indicated that the Labour government is considering how Articles 3 and 8 of the ECHR are interpreted, but has not suggested withdrawal. Article 3, on protection from torture and inhumane treatment, and Article 8, on the right to private and family life, have frequently been used to challenge deportation attempts.
As the Conservative conference begins, the ECHR announcement will dominate discussions amongst delegates and likely become a defining issue in the party’s attempt to rebuild following their historic defeat in the last general election. Whether the policy helps the Conservatives differentiate themselves from Reform UK or further alienates moderate voters remains to be seen.
Follow for more updates on Britannia Daily
