Why rights groups fear new ECHR declaration could weaken migrant protections

TL;DR

The Chișinău declaration, agreed by all 46 Council of Europe member states, aims to clarify aspects of the European convention on human rights.
Critics fear the declaration will weaken protections for migrants and asylum seekers.
The declaration provides more flexibility for interpreting human rights law concerning asylum and immigration, potentially allowing for more restrictive application.
This shift could signal courts to prioritize political priorities of states in making it easier to remove foreign nationals, even if they risk harm upon return.
Article 3 (prohibition of torture) and Article 8 (right to family life) are key areas potentially affected, though asylum seekers primarily cite the Geneva conventions.
The declaration allows for more stringent interpretation when considering deportations, with greater deference to governments.
The UK Home Office already interprets human rights laws stringently, and the declaration signals more scope for states to deport people to potentially dangerous locations.
The UK government believes the declaration will help prevent the exploitation of the system to avoid deportation.
The declaration also addresses measures like return hubs in third countries, stating they must align with the ECHR while potentially deterring irregular migration.

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