European Ministers Adopt New Interpretation of Migrants' Rights to Facilitate Deportations

European ministers have adopted a new interpretation of the European Convention on Human Rights, aiming to facilitate migrant deportations, including to third-country return hubs. Approved during the Council of Europe's Committee of Ministers annual session in Moldova, the declaration addresses complaints that the European Court of Human Rights has hindered governments from removing foreign nationals convicted of crimes or refused asylum. The text qualifies rights under Article 3 (protection from torture) and Article 8 (right to private and family life). While maintaining that the prohibition of torture is absolute, it introduces a relative assessment of ill-treatment severity based on case circumstances. Regarding Article 8, it allows expulsion if balanced against legitimate aims like national security, requiring strong reasons for courts to override state decisions. Critics, including legal experts, argue this dilutes absolute human rights protections. However, Council of Europe Secretary General Alain Berset welcomed the move as a necessary common position for managing migration challenges. This development signals a potential shift in how European states balance sovereignty, security, and human rights obligations within the existing legal framework.