Foreign ministers from the 46 Council of Europe member states have adopted a political declaration underlining and clarifying their views of the European Convention on Human Rights system, notably in the context of migration.
The declaration was adopted by consensus at the annual session of the Council of Europe’s Committee of Ministers in Chișinău, Republic of Moldova.
“This declaration is a very strong – and very welcome – signal of firm support for the European Convention on Human Rights, and the Court in Strasbourg, among all 46 of our member states,” said Council of Europe Secretary General Alain Berset.
“Crucially, 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. Looking ahead, this will help to guide our own work as well as that of national authorities and domestic courts.”
Europe reaffirms commitment to the Convention system
The declaration underlines the extraordinary contribution of the Convention system in protecting and promoting human rights and the rule of law in Europe, as well as its central role in ensuring democratic security and peace throughout the continent.
The text reaffirms member states’ deep and abiding commitment to the Convention, and their support for the independence of the European Court of Human Rights. It also notes the need to balance the general interest of the community with individual rights.
The declaration sets out a number of key principles underpinning the system as a whole. It stresses that states have primary responsibility for implementing the Convention, whereas the Court in Strasbourg ultimately acts as a safeguard in case people’s rights and freedoms are not secured at the national level.
Controlling entry and residence remains a country’s right
With regard to migration in particular, the declaration notes that there are significant, complex migration-related challenges in various Council of Europe states and that failure to address these adequately may weaken public confidence in the system.
The declaration underlines that states have the undeniable sovereign right to control the entry and residence of foreign nationals, and that it is both an obligation and a necessity for states to protect their borders in compliance with the Convention.
Specific sections of the declaration focus on protections guaranteed under Article 3 (prohibition of torture and inhuman or degrading treatment or punishment) and Article 8 (right to respect for private and family life) of the Convention.
Challenges related to the instrumentalisation of migration by hostile actors, challenges posed by mass arrivals and suitable decision-making processes are also covered by the declaration, as are new approaches – such as “return hubs” – to address and potentially deter irregular migration.
A final section stresses the importance of maintaining open, informed and constructive dialogue within the system as well as communicating in a way that strengthens public confidence and enhances trust in the Convention framework as a whole.
Negotiations leading up to today’s declaration were launched at an informal conference of Council of Europe ministers, held at the initiative of Secretary General Berset, at the organisation’s headquarters in Strasbourg last December.
Read the Chișinău Declaration in full
Learn more about the European Convention on Human Rights and Migration
