Migration and Deportations: the Council of Europe vouches for “a common-sense approach that reflects the realities of today.”

Series : The Root Causes of Migration 

At the Council of Europe’s annual meeting in Chișinău, Moldova, European ministers approved a new interpretation of the European Convention on Human Rights (ECHR), aiming to give states more flexibility in managing migration and deportations. Although the declaration is not legally binding, it could strongly influence future court decisions regarding asylum, deportation, and family reunification policies across Europe.

A picture showing two people walking past a border fence, symbolizing migration and movement across Europe (CC picture) 

The so-called Chișinău Declaration, officially adopted on May 15, 2026, reinterprets key aspects of Articles 3 and 8 of the ECHR. Article 3 prohibits torture and inhuman or degrading treatment, while Article 8 protects private and family life. Under the new wording, cooperation with third countries — including the creation of migrant “return hubs” outside Europe — may be considered acceptable if human rights standards are respected. The declaration also suggests that whether treatment qualifies as inhuman or degrading should depend on the specific circumstances of each case, a change critics see as weakening the absolute nature of Article 3 protections.

Supporters of the declaration, including the UK government and the European Commission, argue that the reform responds to modern migration challenges and prevents immigration systems from being “unfairly gamed.” UK Foreign Secretary Yvette Cooper defended the move by stating that “we need a common-sense approach that reflects the realities of today,” emphasizing the need for stronger border control and easier deportation of foreign criminals or rejected asylum seekers.

However, human rights organizations and legal experts have expressed serious concern. Amnesty International and the charity Freedom from Torture warned that introducing “balancing language” into Article 3 risks undermining one of the most fundamental principles of international law: the absolute ban on torture. Professor Veronika Fikfak also criticized the declaration, arguing that an absolute right should never be interpreted in relative terms.

The declaration additionally affects Article 8 by allowing governments to prioritize national security and migration management over family reunification rights in certain cases. Critics fear this could lead to stricter immigration policies and reduced protections for migrant families across Europe.

The full report can be found here : 

https://www.infomigrants.net/en/post/71417/declaration-to-adapt-wording-of-echr-is-passed-with-potential-to-make-migrant-returns-easier