Theresa May challenges judges on criminals' use of human rights laws Theresa May wants foreign prisoners' right to a family life - which has been invoked to avoid deportation - to be balanced against public safety. Photograph: Nicolas Bouvy/EPA The government could pass legislation to curb the use of human rights laws by individuals seeking to avoid deportation if judges fail to take heed of a parliamentary motion designed to do so, according to Theresa May. The home secretary is to ask MPs to pass a motion declaring that the right to a family life - enshrined in Article 8 of the European convention on human rights - is not absolute. The move is aimed at balancing that right with the need to protect the economic wellbeing of the country, promote public safety and cut crime, but is likely to be seen as a direct challenge to the judges who have previously interpreted Article 8 through the development of case law. May said on The Andrew Marr Show on BBC1 that the state had a right to qualify the right to a family life in the interests of the economy or of controlling migration and maintaining public order. "What I am going to do is actually set out the rules that say this is what parliament, this is what the public, believe is how you balance the public interest against the individual's interest," she said. She added: "I would expect that judges will look at what parliament will say and that they will take into account what parliament has said. If they don't then we will have to look at other measures and that could include primary legislation. The move comes as the government is preparing to impose a new "financial independence" rule intended to curb the number of spouses, children and other dependants of migrants coming into the country. The immigration minister, Damian Green, said: "We will shortly be announcing a major overhaul of the existing family migration rules, to reduce burdens on the taxpayer, promote integration and tackle abuse. We plan to make it clear when the rights of the law abiding majority will outweigh a foreign criminal's right to family and private life.