European Ministers Redefine Migrant Rights Under Human Rights Convention
New Interpretation of Human Rights Convention and Its Impact on Migrant Deportations
By Layli Foroudi
PARIS, May 15 (Reuters) - European ministers adopted a new interpretation of the European Convention on Human Rights on Friday that could facilitate some migrant deportations, including to third country "return hubs", but which critics say will weaken human rights protections.
Background: Complaints and Context
The declaration comes amid complaints from member states in recent years that the European Court of Human Rights has prevented governments from forcibly removing foreign nationals convicted of crimes or refused asylum seekers.
Key Provisions of the Declaration
Qualification of Article 3 and Article 8 Rights
The declaration adopted at the annual session of the Council of Europe's Committee of ministers in Moldova qualifies the rights under article 3 and article 8 of the convention, which relate to protection from torture and inhuman and degrading treatment and the right to a private and family life.
Cooperation with Third Countries
It approves cooperation with third countries on immigration, including on "return hubs", provided that the countries respect the human rights convention.
Interpretation of Torture and Inhuman Treatment
It states that prohibition from torture and inhuman or degrading treatment is absolute, but that "the assessment of the minimum level of severity of the ill-treatment that constitutes inhuman or degrading treatment or punishment is relative and depends on all the circumstances of the case".
Expert Analysis on Article 3
Veronika Fikfak, Professor of Human Rights and International Law at University College London, said that the declaration's interpretation of article 3 was a significant development and would dilute protections from torture.
"It says (prohibition of torture and inhuman or degrading treatment) is absolute, but then they use words to balance and offer a relative interpretation, but this is inconsistent with the heart of Article 3 - an absolute right cannot contain any element of relativity or balance," she said.
Implications for Article 8: Right to Private and Family Life
On article 8, the declaration said states can expel foreign nationals in spite of their right to a private and family life so long as it is balanced with a legitimate aim, such as national security, and that the European Court of Human Rights would require "strong reasons" to override a state's decision.
Reactions and Future Outlook
Role of the Council of Europe
The 46-member Council of Europe was set up after World War Two to uphold human rights and the rule of law.
Statements from Council of Europe Leadership
Council of Europe Secretary General Alain Berset welcomed the declaration and said it would guide the work of the council and of national authorities and domestic courts.
"We have been able to bring together countries across Europe, with different views and experiences to agree a common position on how the system should work best, notably in the challenging context of migration," he said in a statement.
(Reporting by Layli Foroudi; Editing by Alex Richardson)
