Kemi Badenoch says Tories will quit ECHR if they win next election

The Conservative Party will leave a key human rights treaty if it wins the election, its leader Kemi Badenoch has said.

Ms Badenoch announced the policy to leave the European Convention on Human Rights (ECHR) ahead of the Conservative Party's conference next week.

Despite many Tory MPs having expressed displeasure with the treaty, and the court that upholds treaty rights in recent years, it had not been party policy for the UK to exit it.

The move follows a review on the impact of the UK's ECHR membership conducted by shadow attorney general David Wolfson.

Lord Wolfson's nearly 200-page report said the ECHR had impacted government policy in numerous areas.

The report said this includes limiting government's ability to address immigration issues, potentially hampering restrictions on climate change policy, and impacting government ability to prioritise British citizens for social housing and public services.

Read more:
Baroness Mone: I have no wish to rejoin Lords as Conservative peer

But leaving the ECHR would "not be a panacea to all the issues that have arisen in recent years", Lord Wolfson said.

It comes after the Reform Party in August said they would take the UK out of the ECHR if elected.

The Conservatives have increasingly come under threat from Reform and are being trailed in the polls by them.

What is the ECHR?

The ECHR was established in the 1950s, drafted in the aftermath of the Second World War and the Holocaust, to protect people from serious human rights violations, with Sir Winston Churchill as a driving force.

It's 18 sections guarantee rights such as the right to life, the prohibition of torture, the right to a fair trial, the right to private and family life and the right to freedom of expression.

It has been used to halt the deportation of migrants in 13 out of 29 UK cases since 1980.

A political issue

Leaving the ECHR could breach the 1998 Good Friday Agreement, the peace settlement deal between the British and Irish governments on how Northern Ireland should be governed.

The Northern Ireland Affairs Committee of MPs heard evidence on potential impacts to the country.

In a May 2024 letter to the Northern Ireland secretary at the time, the committee chair Sir Robert Buckland said it heard evidence the government would knowingly be in breach of the Belfast/Good Friday Agreement by withdrawing.

Labour has in recent days said it was considering how Article 3, the prohibition on torture, and Article 8,
the right to respect for private and family life, are interpreted. The sections have been used to halt deportation attempts.

The Liberal Democrats and Greens are in favour of the ECHR.

A general election is not expected until 2029.

(c) Sky News 2025: Kemi Badenoch says Tories will quit ECHR if they win next election