Chisinau Political Declaration on the ECHR
Expert legal comment on today's declaration on the ECHR
Earlier today, the UK and other member states of the Council of Europe adopted a political declaration ('the Chişinău Political Declaration') on migration in the context of the European Convention on Human Rights.
Dr Jean-Pierre Gauci, Arthur Watts Senior Fellow in Public International Law at BIICL, responded:
"This is a political declaration and, legally speaking, does not alter the Convention or the obligations of States under it. The point of the declaration is to lean on the European Court of Human Rights and, indirectly, on domestic courts to interpret the Convention in a way that States consider to be more aligned with their priorities. The specific political goal is to reduce human rights barriers to removing foreign nationals, even if there is a real risk of harm to them on return.
The declaration is not legally binding, but it does put the Court in Strasbourg under significant pressure to apply the law more restrictively in asylum and immigration cases. There are questions about the propriety of this sort of political pressure being exerted on Courts by States generally. From a human rights law perspective, what is most controversial is the attempt to reduce protection against ill-treatment for foreign nationals, because this undermines the cardinal principles of universality of human rights and equality before the law, and risks eroding in practice what has always been an absolute right.
Given the centrality of these issues to the overall human rights infrastructure, such measures require careful scrutiny".
Dr Jean-Pierre Gauci is available for comment and/or broadcast on this issue.
On 18 May, we are hosting a rapid response webinar on the declaration. Chaired by Sir Tim Eicke KC, the discussion will bring together leading experts to examine the implications of the declaration for migration, human rights, and the future interpretation of the ECHR. Find out more and book your place here.
