The Chișinău Declaration: We must uphold the letter and spirit of the European Convention on Human Rights

The Chișinău Declaration on the European Convention on Human Rights in the context of migration was adopted by the 46 member states of the Council of Europe on 15 May 2026. The declaration is not legally binding and does not amend the text of the Convention or create new enforceable obligations.

However, such declarations can carry significant political weight, potentially influencing how the European Court of Human Rights, domestic courts, and national governments interpret and apply human rights standards in practice.

The declaration reaffirms states’ commitment to the Convention and to the independence of the European Court of Human Rights.

However, we are concerned that, in substance, it signals a shift that risks undermining the universality of human rights, by promoting approaches that could weaken protections for certain groups – namely foreign nationals – thereby challenging the fundamental principle that Convention rights apply equally to all individuals within a state’s jurisdiction.

We share the concerns articulated by Lord Michael German, General Rapporteur on European migration and asylum policies for the Parliamentary Assembly of the Council of Europe, who has cautioned that: “International law must not become a scapegoat for domestic pressures. Instead, governments can and should reflect on how national legislation and policy choices shape migration. But international law and migration policy can – and must – go hand in hand.”

In this context, it is essential that member states uphold both the letter and the spirit of the Convention, ensuring that responses to migration challenges remain firmly grounded in human rights, the rule of law, and respect for the independence of the Court.