European nations to begin major talks on ECHR migration rule changes – BBC

Report on Proposed Reforms to the European Convention on Human Rights (ECHR) in Relation to Migration

Introduction

Sir Keir Starmer, the UK Prime Minister, has called on European leaders to reform the European Convention on Human Rights (ECHR) to facilitate the deportation of illegal migrants. This initiative aligns with efforts to address migration challenges while emphasizing the importance of upholding human rights in accordance with the Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions) and SDG 10 (Reduced Inequalities).

Background and Current Government Position

• The UK government has announced plans to restrict asylum seekers’ use of the “right to family life” clause under the ECHR to avoid deportation.
• Prime Minister Starmer advocates for updating the ECHR to better address mass migration challenges, aiming to balance compassion with law enforcement.
• Conservative and Reform UK parties have proposed withdrawing from the ECHR, but Starmer supports reform rather than withdrawal.

Key Objectives of the Proposed Reforms

1. Make it easier for states to combat people smuggling.
2. Establish “returns hubs” to detain individuals without the right to remain in Europe, ensuring compliance with human rights standards.
3. Clarify the application of Article 8 (right to family life) and Article 3 (ban on inhumane treatment) in migration cases.

Political and Legal Context

• Justice Secretary David Lammy and Attorney General Lord Hermer are participating in Strasbourg talks to negotiate reforms.
• Lammy emphasizes that the definition of ‘family life’ should not prevent removal of individuals without legal status and that protections against inhuman treatment should be reserved for the most serious cases.
• The Council of Europe, responsible for human rights laws, aims to reach a political declaration by spring to guide the ECHR’s application in migration cases.
• Reforms are seen as critical to maintaining peace, stability, and security in Europe, consistent with SDG 16.

Stakeholder Perspectives

• Supporters of Reform: Argue that the ECHR must evolve to address contemporary migration pressures and uphold democratic values.
• Critics of Reform: Warn that changes could undermine human rights protections and that claims about the ECHR obstructing migration control are exaggerated.
• Political Parties:
  • Conservatives and Reform UK advocate for leaving the ECHR to protect borders and citizens.
  • Liberal Democrats oppose withdrawal, emphasizing the ECHR’s role in safeguarding freedoms and its limited impact on migration control.

Alignment with Sustainable Development Goals (SDGs)

• SDG 16 (Peace, Justice and Strong Institutions): The reform efforts aim to strengthen legal frameworks that ensure justice and human rights while addressing migration challenges effectively.
• SDG 10 (Reduced Inequalities): By clarifying human rights protections and migration policies, the reforms seek to balance equitable treatment of migrants with national security.
• SDG 17 (Partnerships for the Goals): The collaborative approach among European states in reform discussions exemplifies international cooperation to solve complex migration issues.

Next Steps and Outlook

1. If successful, the Strasbourg talks will lead to a political declaration by May, clarifying human rights law application in migration cases.
2. Officials will work with member states to finalize the declaration, aiming to modernize the ECHR’s role in migration management.
3. Alain Berset, head of the Council of Europe, supports reforms to keep the ECHR strong and relevant, balancing liberty, security, justice, and responsibility.

Conclusion

The proposed reforms to the ECHR represent a significant effort to adapt human rights laws to contemporary migration challenges while upholding the principles of justice and fairness. These initiatives contribute to achieving the Sustainable Development Goals by promoting peaceful, inclusive societies and effective institutions capable of managing migration responsibly and humanely.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses reforming human rights laws, specifically the European Convention on Human Rights (ECHR), to address migration and deportation issues, which relates to promoting peaceful and inclusive societies, access to justice, and building effective institutions.
2. SDG 10: Reduced Inequalities
   • The article touches on migration, asylum seekers, and human rights protections, which are relevant to reducing inequalities within and among countries.
3. SDG 3: Good Health and Well-being
   • References to Article 3 of the ECHR, which bans inhumane treatment, relate to ensuring well-being and protection from harm.
4. SDG 17: Partnerships for the Goals
   • The article mentions international cooperation among European countries and the Council of Europe to reform human rights laws, reflecting global partnerships.

2. Specific Targets Under Those SDGs

1. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
2. SDG 10: Reduced Inequalities
   • Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through implementation of planned and well-managed migration policies.
3. SDG 3: Good Health and Well-being
   • Target 3.8: Achieve universal health coverage, including protection from inhumane treatment and ensuring access to essential services.
4. SDG 17: Partnerships for the Goals
   • Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships that mobilize and share knowledge, expertise, technology and financial resources.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicator for SDG 16.3
   • Number of countries with reforms in human rights laws to improve access to justice and rule of law, as implied by the efforts to reform the ECHR and clarify application in migration cases.
2. Indicator for SDG 10.7
   • Number of countries implementing policies to manage migration effectively, including the establishment of “returns hubs” and measures against people smuggling.
3. Indicator for SDG 3.8
   • Incidence of inhumane or degrading treatment reported in migration and asylum cases, linked to Article 3 of the ECHR.
4. Indicator for SDG 17.16
   • Number of international agreements or political declarations reached to strengthen human rights frameworks, as suggested by the anticipated political declaration on ECHR reforms.

4. Table: SDGs, Targets and Indicators

Source: bbc.com