Council of Europe Debates Narrowing Human Rights in Migration Policy Amid UK Participation
Michael O’Flaherty, Council of Europe commissioner for human rights, has warned that efforts to restrict rights within migration policy risk creating a hierarchy of people and undermining the principle of universal human rights.
He cautioned that moderate politicians may inadvertently support populist right-wing agendas by linking migration to crime and advocating for broader restrictions on rights.
A bloc of 27 out of the 46 Council of Europe member states, which includes the UK, Hungary, and Italy, has signed an unofficial statement proposing to narrow the scope of the European Convention on Human Rights (ECHR), especially concerning Articles 3 and 8.
The proposed framework suggests limiting Article 3 to only the most serious cases of inhuman or degrading treatment and allows for the expulsion of foreign criminals under certain healthcare and prison condition circumstances.
It also proposes adjusting Article 8 to prioritize the seriousness of an offense over a criminal’s ties to the host country.
The Council intends to reconvene in May to issue a political declaration on the matter; while this declaration would be non-binding, it could influence case law and decisions of the European courts.
A two-thirds majority (31 members) could enforce interpretations of Articles 3 and 8 even if opposed by some members.
Within the UK, the Labour Party maintains its commitment to remaining within the ECHR, with figures such as Lord Alf Dubs and Baroness Shami Chakrabarti voicing concerns about potential erosion of rights.
Foreign Secretary Yvette Cooper, speaking to Politico, indicated that pushbacks of migrant boats in the Channel might be considered if a workable mechanism is established and thus would not be ruled out.
