Europe Reinterprets Migrants' Rights

Ministers of Council of Europe member states have adopted a new interpretation of the European Convention on Human Rights (ECHR) that may facilitate the deportation of migrants, including transfers to so-called return hubs in third countries.

The declaration regulates the interpretation of Articles 3 and 8 of the convention, which cover protection from torture and inhuman treatment and the right to private and family life. It also promotes cooperation with third countries on migration, provided they respect human rights obligations.

The text states that the prohibition of torture is absolute, but that the assessment of the severity of inhuman treatment depends on the circumstances of each individual case. According to professor Veronika Fikfak of University College London, this represents a significant shift that undermines existing protections against torture.

The declaration further allows for the expulsion of foreigners notwithstanding the right to family life, where a state justifies the decision on grounds such as national security.

(reuters, bak)