European ministers have adopted a new interpretation of migrant rights under the European legal system, a move that could make it easier for governments to deport rejected asylum seekers and foreign nationals convicted of crimes.
The decision was announced during the annual meeting of the Council of Europe Committee of Ministers held in Moldova.
The declaration introduces a fresh interpretation of parts of the European Convention on Human Rights, especially Article 3 and Article 8, which protect individuals from torture or degrading treatment and guarantee the right to private and family life.
European governments have increasingly argued that decisions by the European Court of Human Rights have made it difficult to deport some migrants, including failed asylum seekers and foreign nationals with criminal convictions.
Under the new declaration, member states said they should have greater flexibility to remove migrants when national security or public interest concerns are involved. The document also supports cooperation with non-European countries on migration management, including the use of so-called “return hubs” where rejected migrants could be transferred.
The declaration maintains that protection from torture and inhuman treatment remains an absolute right. However, it also states that courts should consider the specific circumstances of each case when determining whether treatment reaches the threshold of being considered inhuman or degrading.
Human rights experts have raised concerns about the new interpretation. Veronika Fikfak argued that the wording weakens long-standing protections against torture and degrading treatment.
According to her, introducing “relative” considerations into an absolute right could dilute the strength of Article 3 protections within the European human rights system.
The declaration also states that governments may deport foreign nationals even when family life is involved, provided authorities can justify the decision based on national security or other legitimate public interests.
Alain Berset welcomed the agreement, saying it reflected a common European position on balancing migration management with human rights protections.
The Council of Europe, which has 46 member states, was created after World War Two to promote democracy, human rights, and the rule of law across Europe.
Critics fear the declaration could weaken protections for migrants and asylum seekers, while supporters believe it will help governments respond more effectively to growing migration pressures across the continent.