Prime Minister Sir Keir Starmer has said he wants to review how international law is applied in the UK’s asylum system, arguing that current interpretations make it increasingly difficult to deport people with no legal right to remain.
Speaking to the BBC, he stressed that he does not wish to tear down human rights legislation but believes the law should evolve to reflect the realities of today’s migration challenges. “We need to look again at the interpretation of some of these provisions, not tear them down,” he said.
Focus on Human Rights Protections
At the heart of the discussion is Article 3 of the European Convention on Human Rights (ECHR), which protects individuals from torture and degrading treatment. Courts have sometimes halted deportations where there was evidence a person might face poorer prison conditions or healthcare abroad.
Sir Keir questioned whether this interpretation still aligns with the original intent of the law.
“There is a difference between deporting someone to face summary execution and sending them to a country with a different standard of prison conditions,” he told Radio 4’s Today programme.
Balancing Compassion and Control
The prime minister also cited Articles 3 and 8 of the ECHR, which protect against inhuman treatment and uphold the right to a family life, as well as the Refugee Convention, Torture Convention and Convention on the Rights of the Child. He said these international frameworks can sometimes prevent the removal of individuals with no legitimate asylum claim.
Despite this, he reiterated that those genuinely fleeing persecution “must be afforded asylum,” describing it as “a compassionate act” that reflects British values.
Legal Experts Push Back
Human rights advocates have urged caution. Shami Chakrabarti said the number of cases where deportations were blocked on such grounds is “very, very rare,” adding that UK courts have never ruled that a mere difference in living standards constitutes “inhuman or degrading treatment.”
Policy Moves Already Under Way
The government is already exploring ways to tighten how these laws are interpreted. A recent immigration white paper promised new legislation to clarify how the right to a family life applies in deportation cases. UK Home Office is also reviewing how torture-related provisions are used in court challenges.
Political and Public Context
Sir Keir’s comments come amid growing political pressure over migration and deportation policies. During the Labour Party Conference, he outlined a vision of tolerant, decent patriotism. He contrasted this with Reform UK’s so-called politics of grievance.
He said Britain must continue to act with compassion but also with firmness in applying its laws. “Mass migration in recent years means we must look again at how international law is interpreted,” he said.
Looking Ahead
As the UK faces record migration and post-Brexit legal challenges, Sir Keir’s stance suggests a shift towards pragmatism. He aims to uphold Britain’s humanitarian values while tightening control over immigration policy.
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