Efforts to amend Articles 3 and 8 of the European Convention on Human Rights to ease the process of removing foreign offenders gathered momentum yesterday. The UK was among 27 Council of Europe member states to back a statement calling for 'open and constructive discussion' on reform. While the statement's represent a majority of the council's 46 members, non-signatories include Germany, France, Spain, Portugal and Italy.

While affirming their 'strong belief in the Council of Europe and in European values, democracy, the rule of law, and human rights', the signatories say that these rights and freedoms are under threat from 'people who take advantage of our hospitality by committing serious crime; trafficking in human beings and instrumentalisation of migrants’.

The 27 'consider it imperative' to ensure that the ECHR is fit to address the challenges of:

  • Expulsion of foreigners convicted of serious crimes: 'The clear starting point is that a state party can expel foreigners convicted of serious crimes even though they have acquired ties to their host country, eg. if they have established a family life there.' The purpose of such a rebalancing is to ensure that we no longer see instances where foreigners convicted of serious crime, including serious violent crime, sexual assault, organised crime and human and drug trafficking, cannot be expelled.
  • Clarity about inhuman and degrading treatment: The scope of 'inhuman and degrading treatment' under Article 3, which is an absolute right, should be constrained to the most serious issues in a manner which does not prevent state parties from taking proportionate decisions on the expulsion of foreign criminals. This would end the raising of issues concerning healthcare and prison conditions.

The statement also backs 'innovative and durable solutions to address migration' and says that a state 'should not be prevented from applying clear rules and processes to facilitate timely decisions under Article 8 that can then be enforced'.

The states aligned to this statement welcome the four-point proposal by the Council of Europe’s secretary-general including to adopt a declaration on migration and the ECHR at the council's meeting of foreign ministers in May. 

Commenting on the development, Law Society president Mark Evans described the ECHR as a 'vital part' of protections for everyday rights. 

'The ECHR and the Council of Europe provide a foundation of shared values which enable us to work with other countries to navigate modern global challenges. Inter-state collaboration is vital to addressing these issues. We can address concerns about border controls without stripping people of their rights under ECHR. The Law Society strongly rejects calls to leave the ECHR.'