Why rights groups fear new ECHR declaration could weaken migrant protections

"A political declaration aimed at clarifying key aspects of the European convention on human rights was published on Friday, agreed by all 46 member states of the Council of Europe. Critics fear it will weaken human rights protections for migrants. The ECHR system has become a political battleground, with both the Conservatives and Reform UK pledging to leave the convention if they are elected to government."

"The Chisinau declaration, agreed in the Moldovan capital, is not legally binding but it does put the courts under significant pressure to apply the law more restrictively in asylum and immigration cases. There is more wriggle room for the interpretation of key aspects of the migrant-related human rights law. According to Dr Jean-Pierre Gauci, the declaration sends a signal to the ECHR and to domestic courts to interpret the convention in a way that addresses the political priorities of some states to make it easier to remove foreign nationals, even if there is a real risk of harm to them on return."

"He says this signal undermines the principles of universal human rights and equality before the law. Two parts of the convention that have attracted negative attention from some politicians and sections of the media are article 3, the prohibition of torture and inhuman and degrading treatment or punishment, and article 8, the right to respect for private and family life. There is confusion between this and the Geneva conventions, which enshrine the rights of protection for refugees."

"Asylum seekers primarily cite the Geneva conventions when claiming asylum rather than articles 3 and 8 of the ECHR, which apply more often to migrants who have lived in the UK for a long time and might have committed a crime or overstayed a visa. The new declaration allows for more stringent interpretation of balancing factors when considering deportations, such as poor prison conditions or inferior healthcare in the country to whic"

A political declaration agreed by all 46 Council of Europe member states clarifies aspects of the European Convention on Human Rights. The declaration is not legally binding but increases pressure on courts to apply the convention more restrictively in asylum and immigration cases. It creates more room for interpretation of migrant-related human rights protections, particularly in deportation decisions. Critics argue the declaration signals courts to align interpretations with political priorities that favor easier removal of foreign nationals, even when there is a real risk of harm on return. The declaration draws attention to Article 3 and Article 8, and it also relates to confusion with refugee protections under the Geneva conventions. It affects how balancing factors are weighed, including conditions in prisons and healthcare in the destination country.

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