Joint statement seeks amendments to migration-related protections as member states cite border control challenges
Ireland has signed a joint statement with 25 other European countries calling for changes to the European Convention on Human Rights to more effectively address migration challenges.
The joint statement was signed by 26 out of 46 Council of Europe member states at a ministerial meeting in Strasbourg examining how the ECHR could be applied in ways that recognize governments’ responsibility to protect national interests, including security and public safety.
Other signatories include the UK, Denmark, Italy, Albania, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Finland, Hungary, Iceland, Latvia, Lithuania, Malta, Montenegro, the Netherlands, Norway, Poland, Romania, San Marino, Serbia, Slovakia, Sweden and Ukraine.
Countries including France, Spain and Germany, which have accepted the official position of the Council of Europe, did not sign the joint statement, instead arguing for further discussions on the issue.
The joint statement calls for changes to Article 8 of the ECHR, which protects the right to family life. Signatories want greater emphasis placed on the nature and seriousness of crimes committed by foreign nationals, with less weight given to social, cultural and family ties of foreign offenders with host countries when considering deportation.
The statement also calls for amendments to Article 3, which provides protection from torture. Governments should be allowed to make decisions on the expulsion, removal or transfer of foreign criminals without provisions preventing such actions.
The joint statement stressed the importance of governments’ “right to control the entry, residence and expulsion of foreigners from their territories.”
The ECHR is 75 years old, having been signed across Europe in the aftermath of World War II to protect human rights and political freedoms. However, it has recently come under heavy criticism from some member states.
The UK and Denmark have criticized European Court of Human Rights rulings and the Convention for hampering efforts to combat illegal immigration. Ireland has joined calls for the declarations to be updated.
Addressing the summit, Justice Minister Jim O’Callaghan said he agreed with concerns expressed by his Danish colleague on behalf of several member states, including Ireland, about immigration-related challenges. O’Callaghan said the rights of individuals and the public interest must be balanced and that innovative solutions are needed to address immigration.
The move comes as Ireland has recently tightened its immigration policies, including stricter family reunification rules and a decision not to accept migrants under the EU’s new Migration and Asylum Pact, instead contributing €9.26 million to the EU Solidarity Pool.
The joint statement reflects growing political pressure across Europe over migration, with governments seeking greater flexibility to deport foreign nationals who commit crimes or enter illegally, even when human rights protections under the ECHR might previously have prevented such actions.
Human rights organizations are likely to criticize the initiative as undermining fundamental protections established in the post-war period, while signatory governments argue the Convention must adapt to contemporary migration challenges while maintaining core human rights principles.