Forty-six countries, including the United Kingdom, adopted a political declaration on May 15 at the Council of Europe's Committee of Ministers annual session in Moldova that reinterprets migrants' rights under articles 3 and 8 of the European Convention on Human Rights (ECHR) to facilitate deportations of refused asylum seekers and foreign criminals [1, 2].
The declaration clarifies that the absolute prohibition of torture and inhuman or degrading treatment under article 3 remains but specifies that assessing the severity of ill-treatment must consider individual circumstances, introducing a relative standard rather than a purely absolute one [2]. It also permits states to expel foreign nationals despite their right to family life under article 8 when weighed against legitimate aims such as national security, though strong justifications are required to override national decisions [2].
The UK government said that protections for torture victims would not be weakened and that the absolute nature of these safeguards will continue to apply [1]. However, human rights experts and NGOs criticized the move as a politicized effort that waters down fundamental rights protections and threatens judicial independence [1]. The UN Committee Against Torture voiced concern the reinterpretation undermines the absolute ban on inhuman and degrading treatment [1].
Disagreements remain over article 3 protections: some expert sources argue the declaration dilutes safeguards inconsistent with the convention’s original absolute guarantees [1, 2]. UK officials maintain the protections remain robust [1]. The political declaration marks a notable shift in how European states interpret human rights obligations concerning migrants and deportations.
The Council of Europe's Committee of Ministers adopted the declaration on May 15, 2026, with 46 member countries agreeing to its terms at the annual session held in Moldova [2]. Enforcement and practical application will follow as national governments adjust policies based on the new interpretation.
