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Friday, May 15, 2026

European Ministers Adopt New Interpretation of Migrants' Rights

European Ministers Adopt New Interpretation of Migrants' Rights

The declaration aims to facilitate some migrant deportations, but critics argue it will weaken human rights protections.
European ministers have adopted a new interpretation of the European Convention on Human Rights that could lead to the facilitation of certain migrant deportations.

However, critics contend that this move may weaken human rights protections within the region.

The declaration was approved during the annual session of the Council of Europe’s Committee of Ministers in Moldova.

It concerns the rights outlined under Article 3 and Article 8 of the convention, which pertain to protection from torture and degrading treatment, as well as the right to a private and family life.

According to the declaration, while these rights are considered absolute, there is an allowance for relative interpretations in assessing the severity of ill-treatment that constitutes inhuman or degrading punishment.

This has raised concerns among human rights advocates who believe it may dilute protections against torture.

Regarding Article 8, the declaration permits the expulsion of foreign nationals even when their right to a private and family life is considered.

It notes that such actions can be justified if they align with legitimate state interests, such as national security.

The European Court of Human Rights would only intervene in such cases with strong reasons.

The Council of Europe, established post-World War II to uphold human rights and the rule of law, comprises 46 member states.

Its Secretary General, Alain Berset, welcomed this development, emphasizing that it provides a common position for national authorities and domestic courts on handling migration challenges within the region.

This new interpretation is expected to guide future activities within the Council of Europe and among its member nations.
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