Overview
- An unofficial statement signed by 27 of 46 Council of Europe members, including the UK, urges constraining Article 3 and recalibrating Article 8 to ease deportations and permit cooperation with third countries on asylum and returns.
- France, Germany and Spain did not sign the tougher text, while all 46 states endorsed a separate formal declaration reaffirming the convention, underscoring clear divisions over migration policy.
- Ministers agreed to draft a political declaration for adoption next spring, with any binding changes uncertain and treaty amendments likely requiring unanimous agreement across all member states.
- Council of Europe chief Alain Berset cautioned against undermining the system and noted the Strasbourg court has overruled UK courts only once in the past decade, calling for evidence-based debate.
- The UK government is pressing for 'modernisation' without leaving the ECHR, as rights groups and the National Preventive Mechanism warn that narrowing Article 3 risks eroding absolute protections and highlight concerns about UK detention and prison conditions.