Portrait of Shabana Mahmood
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Shabana Mahmood on ECHR

Seeks ECHR reform (strong)

TL;DR

Shabana Mahmood advocates for reforming the ECHR domestically and internationally to restore public confidence in the rule of law.

Key Points

  • She announced that the UK will pursue reform of the ECHR, both domestically and in Strasbourg, as of June 2025.

  • The Justice Secretary plans legislation to clarify Article 8 (family life) to make it harder for foreign criminals to use it to block deportation.

  • Mahmood reaffirmed the UK's support for the convention system during a visit to the ECHR on June 17, 2025.

Summary

Shabana Mahmood, as Justice Secretary, has stated that the UK will actively pursue reform of the European Convention on Human Rights (ECHR) both domestically and at the European level, arguing that public confidence in the rule of law is eroding. Her core stance is that commitment to the convention must not equate to complacency, asserting that the convention must evolve to meet new realities, particularly concerning how human rights appear to protect rule-breakers over rule-followers in areas like immigration and criminal justice. She explicitly mentioned seeking legislative clarification on Article 8 concerning family life to reduce its scope in frustrating deportations and pushing for international agreement to reform Article 3 regarding degrading treatment.

This push for reform stems from a desire to safeguard the convention by addressing public concerns where rights application feels contrary to common sense, such as preventing the deportation of serious criminals or restricting prison discipline. While she affirms the UK's commitment to the convention's principles and has reaffirmed support for the system during a visit to the ECHR, her proposals signal a belief that current interpretations are causing political friction. The government's immediate plan involves domestic legislation to clarify rights interpretation, acknowledging this is only a partial solution without changes at the European Court of Human Rights in Strasbourg.

Key Quotes

"When the application of rights begins to feel out of step with common sense – when it conflicts with fairness or disrupts legitimate government action – trust begins to erode"

Britain will always provide refuge to people fleeing war and persecution.

Frequently Asked Questions

Shabana Mahmood strongly advocates for reforming the ECHR, arguing that its current application in areas like immigration and criminal justice is causing public trust in the rule of law to fray. She intends to pursue this reform both through domestic legislation and by pushing for changes in Strasbourg.

No, the Justice Secretary does not support withdrawing from the ECHR; instead, she states that the government is determined to protect the convention by changing it to keep it relevant. She believes reform is necessary to restore public confidence rather than giving ground to populist calls for an exit.

She is focused on Article 8, the right to family life, by seeking legislative changes to constrain its interpretation in immigration cases to facilitate deportations. Additionally, she plans to push for international reform regarding Article 3, concerning inhuman or degrading treatment.