Written by Harriet Kennedy.
Amidst increasing political pressure to adopt a stricter approach to migration, certain EU Member States have begun calling for reform of the protections available to migrants under the European Convention on Human Rights (ECHR). The calls have centred around Article 3 and Article 8 of the ECHR.
Article 3 prohibits torture and inhuman and degrading treatment. It blocks states from deporting individuals to places where they would be at risk of such treatment. It is absolute and cannot be restricted in any circumstances. Article 8 protects the right to respect for private and family life. It is a qualified right, meaning that it can be subject to limitations: it must be in accordance with the law, in pursuit of a legitimate aim and proportionate to the aim pursued.
Since June 2025 in particular, calls for reform have intensified, culminating in an agreement between Council of Europe states to adopt a political declaration on issues related to migration and the ECHR. The declaration is expected in May 2026. As yet, there is no consensus on the changes which should be made, or whether changes should be made at all. Nonetheless, support for reform seems to be growing amongst EU Member States.
Read the complete briefing on ‘Migration and the European Convention on Human Rights: Legal requirements and proposals for reform‘ in the Think Tank pages of the European Parliament.
Comments are closed for this post.