UK Foreign Secretary Yvette Cooper Backs European Human Rights Declaration on Migration
The declaration, signed by the 46 member states of the Council of Europe, not affiliated with the European Union, aims to recalibrate the interpretation of the European Convention on Human Rights (ECHR) in migration contexts. It asserts that pressures on European nations have evolved significantly since the Convention's drafting post-Second World War, necessitating a revised judicial approach.
Key tenets of the agreement include a call for the Strasbourg court to allow member states greater autonomy in managing migration cases. It explicitly states that nations possess an "undeniable sovereign right" to determine their immigration policies and remove foreign nationals for reasons of public interest. Furthermore, the declaration addresses people smuggling, arguing that it "risks undermining support for and the integrity of the Convention system," suggesting such activities can be orchestrated by "hostile states or other actors" to destabilise European democracies.
The document also seeks to limit the application of Article 3 of the ECHR, which prohibits torture and inhuman or degrading treatment. It specifies that claims of inadequate healthcare or social conditions in a migrant's home country should only in "very exceptional circumstances" prevent deportation, effectively attempting to remove a common legal barrier to removal. This phrasing is intended to allow governments, including the UK, to more readily dismiss challenges to deportation orders.
Critics contend that the declaration's wording could compromise fundamental human rights protections or prove ineffectual if judges opt to disregard its political signalling. The UK has previously encountered judicial impediments to its migration policies, with the Supreme Court ruling its Rwanda asylum plan unlawful in 2023 due to concerns over the fair treatment of genuine refugees.
