Check against delivery 

Speech by Alain Berset, Secretary General of the Council of Europe

Ministers, Deputy Ministers, Ambassadors,  
Delegates. 
 

Thank you for accepting my invitation to initiate discussions on migration and the European Convention on Human Rights here at the Committee of Ministers of the Council of Europe. 

This is something I have called for since nine member States issued a joint open letter last May challenging the interpretation of the Convention  on this pressing issue. 

That letter reflects the views of its signatories, not my own. 

My role is to bring those concerns into dialogue. 

Dialogue matters when we agree. 

It becomes indispensable when we do not. 

By coming together today in significant numbers and at the highest levels, you demonstrate that structured political dialogue is the only way forward. 

I. A LIVING INSTRUMENT 

The choices we make in this moment will define the next decades.  

In recent weeks and months, the Convention has moved to the forefront of the political agenda of several member States.  

As we navigate today’s complex post-Second World War era, some are asking a simple question. 

Is an instrument born in the nineteen fifties still fit for twenty-first-century challenges? 

To that I say: the Convention is a living instrument.  

It has been passed down from one generation to the next to face the political realities of the day, providing continuity through periods of profound political change. 

As a constitutional instrument of the European legal order, it is the final safeguard of individual rights and freedoms across our continent. 

And a pillar of democratic security. 

The Convention is also a tool for accountability, as impunity is on the rise all around us. 

On the ninth of July this year, the European Court of Human Rights delivered a historic judgment in the inter-State case brought by Ukraine and the Netherlands against Russia. 

It reminds us of the critical role played by the Convention in holding States accountable when they violate international law.  

II. A COMMON LEGAL SPACE 

None of this happened by accident. 

None of this happened by accident.  

It is the result of decisions made by States to preserve the integrity of the Convention system and to stand by the commitments they made together.  

It serves a common legal space in Europe — one based on democracy, human rights, and the rule of law. 

This is a space of mutual respect and sovereign equality between States, a platform for dialogue and cooperation on shared regional and global challenges. 

III. THE COURT IS OUR BEDROCK 

Ministers, Excellencies, 

We are here today because the European Court of Human Rights has come under pressure. 

Some States believe that the Court’s evolving interpretation has limited their political discretion in certain situations. 

That is their prerogative. 

At the same time, is there anyone in this room who can honestly say that the Convention and the Court’s case-law have never helped their country? 

This tension is at the heart of today’s discussion. 

This is why ongoing dialogue with States is essential for the proper functioning of the system. 

Equally important is upholding the independence and impartiality of the Court, as well as the execution of its judgments. 

That is our bedrock. 

And this is what has allowed the Court to guide European states as a steady compass amid threats to judicial independence, political turmoil, even war.  

It is Lord McNair, the first President of the Court, who once noted that a judge confronted with an intimation from the executive was “a travesty of justice.”  

His comment resonates through time. 

IV. SEPARATION OF POWERS 

I have decided with the President of the Court that the Court will not participate in this conference. 

This decision ensures a strict separation of powers.  

It was made in the interests of preserving the integrity of the judiciary, free from political influence. 

The Court must not be weaponised — neither against governments, nor by them. 

V. HUMAN FACE OF MIGRATION 

Ten years ago, an image shocked us all. 

It was that of a three-year-old boy, Aylan Kurdi, lying face-down on a beach near Bodrum. 

Aylan drowned with his brother and mother in a failed attempt to reach Greece from Syria. 

This is one of the many faces of migration. 

It is not about judging migration policies.  

It is a reminder to us that migrants deserve dignity and hold inalienable rights. 

VI. CHALLENGES OF IRREGULAR MIGRATION 

Migration has many realities, including the serious and complex challenges faced by States. 

The new forms and scale of irregular migration place governments under pressure as they strive to maintain public order, ensure national security, and protect people’s safety. 

This includes the instrumentalisation of migration, migrant smuggling, human trafficking, and other criminal activities that threaten stability and security.  

These challenges are real and legitimate.  

What we need is dialogue, cooperation, and shared solutions that allow all member States to engage on an equal footing within the framework of the Council of Europe. 

VII. FIRST STEP FORWARD 

Your presence today makes one thing clear:  

The Convention’s future and Europe’s direction are inseparable. 

Today, we take an important first step toward strengthening the integrity of the Convention system — and the conditions that safeguard the Court’s independence and impartiality.  

This step builds on the four-point plan I presented to the Ministers’ Deputies in Malta and discussions held at the European Political Community meeting in Copenhagen last October.  

conclusion 

The Convention system was not designed for easy moments. 

Nor was the Council of Europe. 

It does not belong to any one institution or State. 

Our strength lies in what we share:  

Human rights, democracy, and the rule of law. 

This political dialogue is how we bring them to life. 

Its outcome is now in our hands. 

I look forward to hearing your positions.  

Thank you for your attention.