London - The UK government is taking steps to address the increasing misuse of human rights laws by individuals seeking to avoid deportation, with ministers participating in a Council of Europe initiative to clarify the interpretation of the European Convention on Human Rights (ECHR). This move comes amid growing concerns that the current system is being exploited by foreign criminals and rejected asylum seekers, undermining national security and the integrity of the immigration process.

Foreign Secretary Yvette Cooper is expected to sign a “political declaration” with other members of the Council of Europe, which oversees the ECHR. This declaration is intended to curb the way the convention is interpreted by European and domestic courts, making it easier to deport refused asylum seekers and foreign criminals. The government argues that Articles 3 and 8 of the convention – the right to live free from torture and the right to family life – have been abused by individuals attempting to frustrate deportation and extradition proceedings.

Cooper and Home Secretary Shabana Mahmood have emphasized the need to balance human rights considerations with the imperative of maintaining secure borders and protecting the public from dangerous criminals. The government insists that the proposed changes will not affect genuine asylum seekers who are legitimately fleeing persecution or torture, stating that “absolute protections” will remain in place. However, critics argue that the declaration could weaken safeguards for torture victims and other vulnerable individuals.

Professor Eirik Bjorge KC, author of 'Courts as Faithful Trustees: Domestic Application of the ECHR,' has criticized the declaration as an attempt to interfere with the independence of the judiciary. However, supporters of the government's approach argue that judges have sometimes adopted overly expansive interpretations of the ECHR, granting legal protections to individuals who pose a threat to public safety.

Kolbassia Haoussou, a director at the NGO Freedom from Torture, has expressed concerns that weakening Article 3 would damage the UK's reputation and send a dangerous message to repressive regimes. However, proponents of reform argue that the focus should be on ensuring that the human rights system is not abused by those seeking to exploit it for their own benefit. They contend that a more robust and efficient immigration system is essential for maintaining public confidence and upholding the rule of law.