PARIS: European ministers adopted a new interpretation of the European Convention on Human Rights on Friday that could facilitate some migrant deportations, including to third country “return hubs”, but which critics say will weaken human rights protections.
The declaration comes amid complaints from member states in recent years that the European Court of Human Rights has prevented governments from forcibly removing foreign nationals convicted of crimes or refused asylum seekers.
The declaration adopted at the annual session of the Council of Europe’s Committee of ministers in Moldova qualifies the rights under article 3 and article 8 of the convention, which relate to protection from torture and inhuman and degrading treatment and the right to a private and family life.
It approves cooperation with third countries on immigration, including on “return hubs”, provided that the countries respect the human rights convention.
It states that prohibition from torture and inhuman or degrading treatment is absolute, but that “the assessment of the minimum level of severity of the ill-treatment that constitutes inhuman or degrading treatment or punishment is relative and depends on all the circumstances of the case”.
