European leaders have taken an “important first step” towards a political declaration on migration and how the European Convention on Human Rights is applied, according to the Council of Europe’s secretary general. They support a new recommendation to deter smuggling of migrants “with full respect for human rights”, said Alain Berset.
Keir Starmer is leading calls to modernise the interpretation of the ECHR. The “current asylum framework was created for another era”, he said in a joint article with Danish PM Mette Frederiksen in The Guardian. It should “evolve to reflect the challenges of the 21st century”.
What did the commentators say? Starmer has sent his two closest allies, Justice Secretary David Lammy and Attorney General Richard Hermer, to Strasbourg to make the case for updating the convention. They have “one task in mind”, said Andrew McDonald on Politico’s London Playbook: “securing reforms to the ECHR to save his Labour government and the 75-year-old treaty from those on the right who want to ditch both entirely. No pressure!”
Some human rights campaigners, Labour peers and MPs have condemned the government for pushing for changes, “arguing they could open the door to countries abandoning some of the world’s most vulnerable people”, said Pippa Crerar and Rajeev Syal in The Guardian. The PM, critics warn, “should not be diluting protections that pander to the right”.
But both critics and supporters of the ECHR, which came into force in 1953, acknowledge that it is “woefully outdated” and “does not reflect today’s reality of people-smuggling gangs and the weaponisation of migrants by rogue states”, said The Telegraph. There is “no suggestion that EU leaders will scrap the ECHR”, as some parties on the right “dream of doing”, but a growing number of member states are calling for it to be “‘reinterpreted’ to address current migration challenges”.
What next? The Council of Europe’s Berset said that the “living instrument” of the convention is possible to adapt, and work will begin next year. The key parts of the ECHR that have been identified as in need of an update are Article 8, which deals with the right to family life, and Article 3, about the right not to be subjected to torture or inhumane treatment. Restrictions on the application of Article 8 are crucial to the radical asylum reforms outlined by Shabana Mahmood last month. |