UN Experts Warn Council of Europe Migration Declaration Could Weaken Human Rights Protections
In a written statement, the experts emphasized that migration governance must remain firmly grounded in human rights obligations. They stressed that border control policies should not compromise protections against torture, ill-treatment, or other serious violations, nor should they restrict access to effective legal remedies or lead to discrimination.
The declaration, adopted in May, seeks to clarify how the European human rights framework applies to migration cases and reaffirm states’ authority to control their borders. However, critics argue it could encourage a more restrictive interpretation of rights and potentially create unequal levels of protection.
The experts said they were concerned that recent political efforts aimed at reshaping the interpretation of the European Convention on Human Rights in migration contexts could weaken safeguards and increase pressure on judicial bodies to narrow their rulings.
They also warned that proposals linked to stricter migration management—such as expanded detention, accelerated returns, and reduced access to asylum procedures—could increase the risk of serious harm to migrants, including persecution and violations of fundamental rights.
The statement further raised concerns about approaches such as extraterritorial asylum processing, return arrangements with third countries, and cooperation with transit states, noting potential conflicts with international legal principles, including non-refoulement.
The experts cautioned that greater emphasis on state discretion should not be used to justify measures that undermine international obligations or weaken independent judicial oversight within Europe’s human rights system.
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