A collective declaration endorsed by Ireland and more than 20 other European countries has urged changes to the European Convention on Human Rights so it can better respond to modern migration pressures.
It comes after ministers gathered this morning at the Council of Europe in Strasbourg, where member states agreed to examine how the ECHR is implemented in a way that “will recognise government’s fundamental responsibility to safeguard national vital interests such as security and public safety,” reports RTE.
The 75-year-old treaty, created in the aftermath of World War II, was designed to uphold human rights and civil liberties across Europe through legal protections.
But in recent years it has faced growing criticism from several member nations, reports RTE.
The UK and Denmark, in particular, have claimed that the convention and the decisions of the European Court of Human Rights are limiting their efforts to tackle unlawful migration.
Ireland has now added its voice to calls for the wording of the document to be updated, reports RTE.
Speaking at the summit, Ireland’s Minister for Justice, Home Affairs and Migration, Jim O’Callaghan said: “We share the concerns expressed by our Danish colleague on behalf of a number of member state, Ireland included, regarding the challenges arising in relation to migration,” reports RTE.
He underlined the importance of striking “an appropriate balance between individuals’ rights and the public interest” as well as finding “innovative solutions to address migration,” reports RTE.
Minister O’Callaghan further highlighted the need for clearer guidance on interpreting “inhuman and degrading treatment” within the Convention, reports RTE.
Additional information on the planned reforms was outlined in a joint non-official statement signed by 26 of the 46 member nations and released following the gathering. Ireland is among the countries supporting it.
The statement requested that Article 8 of the ECHR, which safeguards the right to family life, be “adjusted so that more weight is put on the nature and seriousness of the offence committed and less weight is put on the foreign criminal’s social, cultural, and family ties with the host Country,” reports RTE.
It also argued that Article 3, which protects individuals from torture, should be “constrained to the most serious issues in a manner which does not prevent State Parties from taking proportionate decisions on the expulsion of foreign criminals, or in removal or extradition cases,” reports RTE.
The document further emphasised the importance of “a states’ right… to control the entry, residence, and expulsion of foreigners from their territories, which should guide the interpretation of the Convention,” reports RTE.
The remaining signatories include the UK, Denmark, Italy, Albania, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Finland, Hungary, Iceland, Latvia, Lithuania, Malta, Montenegro, Netherlands, Norway, Poland, Romania, San Marino, Serbia, Slovakia, Sweden and Ukraine.
Countries such as France, Spain and Germany did not add their names to the joint statement, instead supporting the official Council of Europe position, which avoids proposing specific amendments and simply notes that further discussions are planned, reports RTE.
During the Strasbourg meeting, all nations — including Ireland — reaffirmed their support for the convention as a whole, restating their “deep and abiding” commitment to both the ECHR and the European Court of Human Rights, reports RTE.
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