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Push to review ECHR over migration could set dangerous precedent, CoE boss says

By staffFebruary 5, 20263 Mins Read
Push to review ECHR over migration could set dangerous precedent, CoE boss says
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The Council of Europe’s (CoE) Secretary General, Alain Berset, told Euronews that reviewing the European Convention on Human Rights (ECHR) to reform protections available to migrants could embolden governments to roll back human rights on other fronts.

His comments come following calls from several members of the Strasbourg-based body — the continent’s leading human rights organisation — for greater flexibility in managing migration, particularly concerning the deportation of foreign criminals and irregular migrants.

Nine European Union countries signed an open letter calling for such a review in May 2025, which received broad support among CoE members.

However, Berset warned this could set a dangerous precedent for rolling back human rights.

“What we are doing now will be very well observed,” Berset said on Euronews’ interview programme 12 Minutes With. “What will happen now with migration, other countries may start discussing other (changes to human) rights.”

He said that in ongoing discussions with supporters of the review, which include Belgium, Denmark and the United Kingdom, he is urging caution in the next steps.

“We must be really careful. Because maybe other countries are ready to start the same kinds of discussion on (other) rights. And maybe then we won’t agree about this,” Berset explained.

The Convention is an international treaty designed to protect human rights in Europe, signed by all 46 member states, including the 27 EU member states. People whose rights have been violated under the convention by a state party can bring an action before the European Court of Human Rights.

Critical of method

In the interview with Euronews, Berset emphasised that he could understand CoE members’ concerns, but reiterated his previously expressed criticism of the way countries called for the reinterpretation.

Two days following the publication of the open letter, he said, “debate is healthy, but politicising the Court is not.”

“It is clear that migration is an issue and a concern in the majority of the member states. And if it is a concern, it is only logical that there are platforms where it is possible to address this at the political level,” Berset stated.

More generally, he noted that the ECHR is a “living instrument” and that it is only normal for discussions about the system of the conventions to take place.

“But I was clear (in saying that) the way they chose to act is wrong. It is not possible and not good to start putting political pressure on the court.” He made the comparison to a country’s government putting pressure on national courts when disagreeing with their rulings.

‘No consensus’

Because he understands member states’ concerns, Berset said he wants to address them in a “positive and productive way”.

To this end, he convened an informal conference between CoE member states’ justice ministers to discuss issues related to migration and the ECHR in December 2025.

At the conference, the Council of Europe ministers called for the preparation of a political declaration on issues related to migration and the ECHR. This declaration is expected to be adopted at the next formal session of the Committee of Ministers in May 2026.

However, while support for reforms has grown among member states, as yet, there is no agreement on the changes which should be made, or whether changes should be made at all.

“The member states need to decide. What I see at the moment is that there is no consensus at all about the fact that we should take further steps,” he said. “We need to find, as far as possible, you know, a consensus for this, and then to see what will happen with it.”

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