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European Ministers Approve ECHR Guidance on Migration Cases

The nonbinding declaration narrows how key rights are applied in deportation disputes to give governments more room to remove people.

Participants attend the opening session of the 135th Ministerial Session of the Committee of Ministers of the Council of Europe in Chisinau, Moldova, Friday, May 15, 2026. (AP Photo/Elena Covalenco)
Participants attend the opening session of the 135th Ministerial Session of the Committee of Ministers of the Council of Europe in Chisinau, Moldova, Friday, May 15, 2026. (AP Photo/Elena Covalenco)
French police car patrols on the beach of Zuydcoote, near Dunkirk, northern France, Thursday, April 23, 2026. (AP Photo/Michel Euler)
Moldova's President Maia Sandu, center, Secretary General of the Council of Europe Alain Berset, right, and Moldova's Deputy Prime Minister and Minister of Foreign Affairs Mihai Popsoi attend the 135th Ministerial Session of the Committee of Ministers of the Council of Europe in Chisinau, Moldova, Friday, May 15, 2026. (AP Photo/Elena Covalenco)

Overview

  • Council of Europe ministers adopted the political declaration in Chișinău on Friday, setting common guidance on Articles 3 and 8 without changing the Convention’s text.
  • On Article 3, governments reaffirmed the absolute ban on torture and inhuman or degrading treatment while urging courts to judge the minimum severity threshold in its full context.
  • On Article 8, the text says states may expel foreign nationals when the public interest is at stake, and it tells the European Court of Human Rights to require strong reasons to override national decisions.
  • The declaration endorses cooperation with third countries, including use of return hubs for rejected asylum seekers, provided those arrangements respect Convention standards.
  • The UK led the push, with Foreign Secretary Yvette Cooper and Attorney General Richard Hermer at the talks, while rights groups and legal scholars warned the move could dilute safeguards and may have limited effect on court rulings.