‘Matching Today’s Challenges’: Growing Calls for ECHR Asylum Rule Reform

Not all campaigns for change are sincere, but they could still result in it becoming easier to deport foreign criminals.

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President of the European Court of Human Rights (ECHR) Siofra O'Leary leads a hearing in Strasbourg on April 9, 2024.

President of the European Court of Human Rights (ECHR) Siofra O’Leary leads a hearing in Strasbourg on April 9, 2024.

Frederick Florin / AFP

Not all campaigns for change are sincere, but they could still result in it becoming easier to deport foreign criminals.

Brussels’ attempt to squash criticism of the way the European Convention of Human Rights is making it harder for democratically elected governments to deport foreign criminals has been ineffective, with even leftist administrations now joining the campaign for reform.

Reports this week said Keir Starmer’s British Labour government will up attempts to alter the interpretation of Article 8, which non-national offenders have used to avoid deportation—including on the most ridiculous grounds

The campaign was launched last month by nine countries, led by Italy’s Giorgia Meloni and Danish Prime Minister Mette Frederiksen, who said the more-than-seven-decade-old document must be updated to “match the challenges that we face today.”

Now, UK Justice Secretary Shabana Mahmood is set to tell the Council of Europe’s Committee of Ministers that “if a foreign national commits a serious crime, they should expect to be removed from the country.” Her method appears to be to butter the convention up before suggesting some form of change:

The European Convention on Human Rights is one of the great achievements of postwar politics. It has endured because it has evolved. Now, it must do so again.

The move is likely little more than an attempt to stem the rise of Nigel Farage’s Reform Party rather than a genuine attempt to bring about … reform, but it could well add weight behind the campaign for easier deportations—albeit accidentally.

Critics warn that the convention can only be amended so much and that Britain should instead withdraw from the ECHR altogether. Starmer has long rejected this move.

Archie Mitchell, political correspondent at The Independent, even suggested that by promising ECHR reforms, Starmer “risks … giving ground to right-wing critics of the convention, both raising its salience with the general public and legitimising their concerns.” Here’s hoping!

Michael Curzon is a news writer for europeanconservative.com based in England’s Midlands. He is also Editor of Bournbrook Magazine, which he founded in 2019, and previously wrote for London’s Express Online. His Twitter handle is @MichaelCurzon_.

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