Kemi Badenoch has confirmed that the UK will leave the European Convention on Human Rights (ECHR) if the Conservatives win the next general election.
This dramatic shift in Tory policy comes just days before the party’s annual conference in Manchester. Speaking ahead of the event, Badenoch said the move was vital to “protect our borders, our veterans, and our citizens.”
Tories to Quit ECHR if Re-elected, Badenoch Warns
“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,” she said.
The Conservative Party’s position on the ECHR has been the subject of heated internal debate for months.
Now, with pressure mounting from Reform UK and migration high on the political agenda, the party has drawn a clear line.
Legal Review Spurs Bold Move
This policy shift follows a major legal review led by Lord Wolfson of Tredegar, the party’s shadow attorney general.
The report examined five core Tory policy priorities and found the ECHR placed “significant constraints” on each:
- Deporting illegal immigrants and foreign criminals
- Protecting military veterans from legal claims
- Prioritising UK citizens’ access to public services
- Ensuring prison sentences match Parliament’s intent
- Preventing climate law from blocking planning reforms
“In all five policy areas, the ECHR places significant constraints,” the review concluded.
Badenoch, who initiated the legal review in June, claims the findings justify a complete break from the treaty. She stressed that the plan is backed by sound legal advice from a respected King’s Counsel.
The Tory vow to leave the ECHR, a landmark move in British politics, could reshape the UK’s legal stance on immigration, national sovereignty, and international obligations, placing Britain on a path no other Western democracy has recently taken.
Labour: U-turn Born of Weakness
Labour was quick to accuse Badenoch of political opportunism, pointing out that she once dismissed quitting the ECHR as no “silver bullet” for immigration.
A Labour spokesperson said, “Badenoch now thinks she is both incapable of negotiating changes to the ECHR with our international partners, and a sufficiently accomplished diplomatic operator to renegotiate the Good Friday Agreement.”
Labour leader Sir Keir Starmer has suggested a more measured approach. Speaking to the BBC this week, he said the UK should reassess how international laws are applied in British courts but not abandon them altogether.
“We must not tear down human rights laws,” he added, while acknowledging the system needed reform to prevent asylum abuse.
Legal Warnings and Internal Tensions
Legal scholars, including Cambridge professor Catherine Barnard, warn that quitting the ECHR could damage the UK’s global standing, leave it isolated alongside Russia, and risk breaching both the Good Friday Agreement and the UK-EU trade deal.
Lord Wolfson pushed back against those fears. His review insists withdrawal would not violate either the Belfast Agreement or the Windsor Framework, and that domestic legal workarounds would not be sufficient to bypass ECHR constraints.
However, not everyone in the Conservative camp is convinced.
Former Deputy PM Damian Green previously called leaving the treaty a “red line” for moderate Tories. And ex-Justice Secretary Sir Robert Buckland labelled the move an “act of folly”, urging the party to pursue internal reform instead.
Reform UK: Too Little, Too Late
Reform UK, which has long championed an ECHR exit, mocked the Tories for their delayed action.
“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,” said a Reform UK spokesperson.
With the general election looming, the Conservatives are clearly betting on a tough stance on immigration and sovereignty. The ECHR exit is set to become a central pillar of their campaign message.
Shadow Home Secretary Chris Philp summed up the Tory position bluntly: “The ECHR has enabled foreign criminals and illegal immigrants to stay in the UK. Protecting our borders is non-negotiable.”
Now, all eyes turn to the voters and whether this hardening of policy will win back public trust or deepen the divide.
