Human Rights Watch has issued a scathing critique of mounting political pressure exerted on the judiciary regarding the enforcement of migration-related agreements, arguing that attempts to reform the European Court of Human Rights (ECHR) are thinly veiled efforts to undermine its authority. Marking the 75th anniversary of the ECHR, Benjamin Ward, Deputy Director for Europe and Central Asia at Human Rights Watch, voiced deep concern over the direction being taken by several European states.
The criticism centers on a push, spearheaded by Italy and Denmark, involving 20 European nations aiming to soften the ECHR’s interpretation in migration cases through a declaration of principles. Ward asserted that these reforms should be recognized for what they are: an attempt to weaken the court’s independence and influence. He emphasized that, amidst a period of unprecedented geopolitical challenges facing Europe, governments should reinforce, rather than erode, regional institutions vital for upholding democratic principles.
While acknowledging that national courts sometimes apply the ECHR in ways that impede government deportation efforts, Ward firmly rejected the narrative that international human rights provisions are the primary impediment to repatriation. He pointed to the frequent lack of cooperation from countries of origin as the true obstacle to the return of foreign nationals.
The organization’s statement highlighted a disturbing trend of pressure on the ECHR to distance itself from sensitive topics like migration, accusing some governments of refusing to fully implement its rulings and failing to address the underlying issues that prompted those judgements. This non-compliance, Ward argued, represents the most significant barrier to the effective functioning of the Court and the entire Convention system, ultimately jeopardizing its ability to serve as a crucial safeguard against state overreach and potential tyranny. The statement implicitly warns that acquiescing to political expediency risks abandoning the core tenets of human rights protection for which the ECHR was originally established.