Briefing - Migration and the European Convention on Human Rights: Legal requirements, calls for reform and resulting developments - 12-06-2026
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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 arounBriefing - Migration and the European Convention on Human Rights: Legal requirements, calls for reform and resulting developments - 12-06-2026
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.Calls for reform have intensified since June 2025, culminating in the Council of Europe's adoption of a political declaration on migration and the ECHR on 15 May 2026 in Chișinău, Moldova. While the declaration has no binding legal effect and does not amend the ECHR or any other legal instrument, it carries significant political weight and may influence the approach taken by both the ECtHR and national authorities when applying the ECHR in the future. Source : © European Union, 2026 - EP Read more
