A political declaration aimed at clarifying key aspects of the European Convention on Human Rights (ECHR) 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 Chișinău Declaration
Agreed in the Moldovan capital, the declaration is not legally binding but puts courts under significant pressure to apply the law more restrictively in asylum and immigration cases. According to Dr Jean-Pierre Gauci of the British Institute of International and Comparative Law, the declaration signals to the ECHR and domestic courts to interpret the convention in a way that addresses political priorities of some states to make it easier to remove foreign nationals, even if there is a real risk of harm. This undermines universal human rights and equality before the law.
Changes to Key Rights
Two parts of the convention that have attracted negative attention are Article 3, prohibiting torture and inhuman or degrading treatment, and Article 8, the right to respect for private and family life. The declaration allows for more stringent interpretation of balancing factors when considering deportations, such as poor prison conditions or inferior healthcare in the destination country. Asylum seekers primarily cite the Geneva Conventions, not ECHR articles, but these changes affect long-term migrants who may have committed crimes or overstayed visas.
Impact on UK Deportations
The Home Office already interprets human rights laws stringently. The European Court rarely interferes, with only 13 cases in 45 years. UK judges determine most appeals against removal decisions. Friday's declaration signals greater deference to governments, allowing more scope to deport people to places where they may face inhuman or degrading treatment. The UK government says it will help to crack down on individuals exploiting the system to avoid deportation.
Return Hubs in Third Countries
So-called return hubs are controversial. The previous UK government's Rwanda plan failed. Some European countries, including the UK, explore them as a deterrent to small boat arrivals, though numbers remain high since removals to France began. The declaration says states should consider measures like return hubs to deter irregular migration, but these must comply with the ECHR.
