ECHR Reform Won't Reduce Migration, Council of Europe Commissioner Says

A senior Council of Europe official has warned that changing the European Convention on Human Rights (ECHR) would not reduce migrant numbers, saying proposed adjustments in Strasbourg would have "zero impact" on migratory flows.

Context

Justice ministers from the Council of Europe’s 46 member states are due to meet in Strasbourg on Dec. 10 to discuss possible updates to the 75-year-old convention, which was drafted after the Second World War and requires signatories to enshrine certain rights in law. Some governments argue the convention’s provisions — especially Article 8, which protects family life, and Article 3, which bars torture — can be used to block deportations.

Commissioner’s view

"The idea that you can somehow fix whatever your perceived migration problem is through interfering with the law and practice of the European Court of Human Rights doesn’t make sense to me,"

Michael O'Flaherty, the Council of Europe’s Commissioner for Human Rights, told EUobserver that only a tiny fraction of cases reach the European Court of Human Rights, and those arrive only after states have had broad room to handle matters domestically. He argued that legal changes in Strasbourg are unlikely to change migration flows.

Politics and proposals

The debate is politically charged. Council of Europe Secretary-General Alain Berset has signalled openness to political discussions about possible reforms, saying he is "ready" to engage in talks about adapting rules where appropriate. Berset also warned that a UK withdrawal from the ECHR would risk isolating the country and would remove protections for fundamental rights such as freedom of assembly and speech.

In the UK, some parties — notably the Conservatives and Reform UK — have proposed leaving the ECHR as part of a broader push to reduce illegal small-boat Channel crossings. Home Secretary Shabana Mahmood announced a package of asylum changes and stepped-up deportations intended to address public concern about the rising cost of migrant accommodation and a record number of asylum claims.

Proposals reported by the Home Office include compulsory deportation for families whose asylum claims are rejected if they refuse cash incentives to leave, and removing an automatic right to remain for refugees. Under some of the proposed rules, migrants would face a much longer wait before achieving settled status — moving from a typical five-year pathway to proposals of up to several decades in some plans, followed by additional time before eligibility for benefits.

Regional dynamics

Italy's Prime Minister Giorgia Meloni has been a leading voice in pressing for the debate, working with the Council of Europe leadership and a group of states advocating stricter migration controls. Several European governments — across different parts of the political spectrum — are discussing how to reconcile migration management with human rights obligations. Proposed measures in other countries, such as migrant processing arrangements outside the EU, have encountered legal and logistical challenges.

Data and next steps

Recent figures show 112,000 people entered Europe irregularly in the first eight months of this year, a decline from previous years. A Council of Europe spokesperson said the Strasbourg ministerial conference will begin a process of discussion to guide the organisation’s future work at the intersection of migration and human rights: "This is the start of a process which aims to bring on-going discussions within the framework of the Council of Europe and to guide the organisation’s future work in this area."

The Commissioner for Human Rights is an independent institution within the Council of Europe, tasked with promoting awareness of, and respect for, human rights and helping member states implement Council of Europe standards, including those set out in the ECHR.