The ECHR in Strasbourg (Image: Getty)

       Public trust in the European Court of Human Rights (ECHR) is “fraying” because it too often shields criminals rather than supporting victims, Labour has warned in its strongest criticism yet. Justice Secretary Shabana Mahmood used a speech in Strasbourg to accuse the court of becoming dangerously “out of step with common sense,” and said the convention it enforces was being routinely abused by foreign criminals and terrorists to avoid deportation.

       She said: “There must be consequences for breaking the rules, which is why we are clarifying how convention rights — particularly Article 8 — operate in relation to our immigration rules. The right to family life is fundamental. But it has too often been used in ways that frustrate deportation, even where there are serious concerns about credibility, fairness, and risk to the public.” The comments mark a notable shift in tone from Labour, with Ms Mahmood now openly aligning the UK with at least nine other European countries calling for reform of the ECHR.

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       In her speech to the Council of Europe — the body responsible for overseeing the Strasbourg court — she said: “The public increasingly believe the convention is no longer a shield for the vulnerable but a tool for criminals to avoid responsibility. Public confidence in the rule of law is fraying.”

       In recent months, the ECHR has come under fire over a series of controversial rulings — including cases where fugitives wanted for murder and child rape in Brazil have been spared extradition by invoking Article 3, protecting against torture and degrading treatment.

       Ms Mahmood said such judgments were undermining confidence in the entire human rights framework.

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       She added: “Prisoners claiming a right to socialise — under Article 8 — is not just a legal stretch.

       Justice Secretary Shabana Mahmood (Image: Getty)

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       "It damages the public perception of human rights altogether.”

       Ms Mahmood added: “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. We have seen this in the UK in two particularly sensitive areas: immigration and criminal justice.”

       Too often the ECHR “protects those who break the rules, rather than those who follow them”, Ms Mahmood stressed.

       The Justice Secretary confirmed that a legal review originally focused on Article 8 has now been expanded to include Article 3. Home Secretary Yvette Cooper is leading the effort, with support from Justice Minister Sarah Sackman KC.

       Ms Sackman told ITV News: “We’ve got to make sure our human rights framework is robust, but that it is working for the British public, getting the right balance between individual rights on one hand and the public interest in the other.”

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       Labour’s intervention was dismissed as “empty positioning” by Shadow Justice Secretary Robert Jenrick.

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       He told The Times: “Labour have refused to join European efforts to reform the ECHR and Starmer handpicked a man wedded to the convention as his Attorney General.”

       Conservative leader Kemi Badenoch has gone further, warning the UK may have to walk away from the ECHR altogether. She said: “We cannot be a safe haven for rapists and murderers."

       Sir Stephen Watson, Chief Constable of Greater Manchester Police, added that criminals were “fecklessly fathering” children to dodge deportation — exploiting the very rights the ECHR claims to uphold.