European justice ministers, including representatives from the UK, have agreed to move forward with negotiations aimed at modernising how the European Convention on Human Rights (ECHR) is applied in migration cases. The initiative is intended to make it easier for countries to remove individuals who have no legal right to remain.
The announcement followed a ministerial meeting in Strasbourg, where multiple governments raised concerns that the ECHR-originally created 75 years ago-needs to be adapted to address today’s migration challenges. The 46 member nations of the convention will now work toward a joint political declaration, expected to be considered at a summit next May.
UK position and political context
The UK government has dismissed proposals for withdrawing from the ECHR entirely, instead supporting practical reforms to how the rules are interpreted. Ministers argue that updating certain aspects of the system would allow for more efficient decisions in asylum and removal cases, including those linked to small boat crossings.
In a joint statement issued before the meeting, the UK and Denmark stressed the need for urgent cooperation across Europe to counter rising political tensions and narratives of division.
Start of a long negotiation process
Alain Berset, head of the Council of Europe, confirmed that no country is currently calling for a full rewrite of the convention itself. Instead, the focus is on clarifying and refining how the existing provisions should operate in practice.
He noted that previous political declarations by member states have helped drive coordinated action in challenging areas, but emphasised that it is too early to predict what reforms will be finalised before next May.
If an agreement is reached, it could become one of the most significant updates in the convention’s long history, though the real impact will depend on how any changes are implemented across national systems.
Key areas under review
Discussions in Strasbourg centred on several articles of the convention that frequently arise in migration cases:
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Article 8 – the right to private and family life, which some governments argue is interpreted too broadly in removal decisions.
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Article 3 – the ban on inhumane or degrading treatment, which affects decisions involving individuals who cannot be returned to unsafe countries.
Ministers also examined wider issues, including tackling migrant smuggling networks and exploring the creation of human-rights-compliant “returns hubs” outside Europe for individuals who cannot be sent back to their home countries.
Ahead of the meeting, the UK Justice Secretary reiterated that the definition of family life should not be expanded in ways that prevent the removal of people who have no valid basis to remain.
Ongoing debate within the UK
Debate over ECHR membership continues inside the UK. The current government has already proposed domestic legislation to limit how Article 8 applies in deportation cases. Meanwhile, some political figures argue that leaving the treaty is the only way to fully control borders, while others strongly oppose withdrawal, saying the ECHR is fundamental to safeguarding rights and its role is misunderstood in migration debates.
LawSentis note:
LawSentis is closely monitoring all developments on ECHR reforms, migration law changes, and UK government policy. We will continue sharing clear and up-to-date updates with you.
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