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European nations to begin major talks on ECHR migration rule changes

December 10, 2025
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Dominic CascianiHome and Legal Correspondent

EPA Danish Prime Minister Mette Frederiksen and British Prime Minister Keir Starmer, both are smiling and waving.EPA

Danish Prime Minister Mette Frederiksen and British Prime Minister Keir Starmer meeting in London earlier this year

International talks to revolutionise how the European Court of Human Rights handles migration cases will begin on Wednesday.

The British government is urging partners to modernise the way states tackle the continent-wide illegal migration crisis.

The talks are the most significant sign yet that international human rights law could be reinterpreted to make it easier for states to target people smuggling and set up ‘returns hubs’ to hold people with no right to be in Europe.

Writing ahead of the major meeting in Strasbourg, Sir Keir Starmer and Danish Prime Minister Mette Frederiksen said other nations should rethink human rights laws to make protecting borders easier.

Critics say the ECHR is getting in the way of removing more illegal migrants, while supporters say claims about the ECHR’s role in migration are exaggerated.

The BBC understands that the aim is for member states to reach a political declaration by the spring which would set how the European Convention on Human Rights is applied in migration cases.

If such an agreement was achieved, it could be one of the most important reforms to how human rights law is applied in the 75-year history of the convention.

The meeting at the Council of Europe, the political body that agrees the human rights laws which are then applied by the court, comes after months of pressure over migration.

Nine members of the human rights body, led by Italy and Denmark, called earlier this year for reforms.

The UK did not sign that open letter – but it has been lobbying behind the scenes for talks on reforms.

Membership of the convention has become increasingly contentious in the UK in recent years.

Both the Conservatives and Reform UK have said they would leave it if they won the next election.

Kemi Badenoch has said leaving would not be a “silver bullet” but was a necessary step to “protect our borders, our veterans and our citizens”.

Liberal Democrat leader Sir Ed Davey said he would oppose such a move saying the convention “upholds our freedom” and would “do nothing to stop the boats or fix our broken immigration system”.

Inside the courtroom at the ECHR

Inside the courtroom at the ECHR

Writing in the Guardian newspaper ahead of the talks, Sir Keir and his Danish counterpart Mette Frederiksen said that the member states meeting on Wednesday must “go further in tackling” the “shared challenges” of “uncontrolled migration” that they said were undermining public confidence in governments.

“Europe has faced big tests before and we have overcome them by acting together. Now we must do so again,” said the leaders.

“Otherwise, the forces that seek to divide us will grow stronger.

“So our message is this: as responsible, progressive governments we will deliver the change that people are crying out for.

“We will control our borders to protect our democracies – and make our nations stronger than ever in the years to come.”

The UK delegation to the talks will be led by Deputy Prime Minister David Lammy.

He is expected to tell the meeting that the UK remains committed to the ECHR – but its interpretation must not stand in the way of combating people smuggling.

The UK’s already-announced domestic plan includes legislating to restrict how the right to private and family life applies in removal cases.

The BBC understands that if the meeting in Strasbourg is a success, officials will begin working with the member states on a political declaration to clarify how human rights laws should be applied to migration challenges – with a deadline of next May for the final wording.

The talks are expected to cover some of the most difficult issues including combating migrant smuggling and how to create human rights compliant ‘returns hubs’ – centres outside of Europe where migrants could be forcibly housed if they can not be returned to dangerous countries.

The talks are also expected to cover the complex rules of Article 8, the right to family life, and Article 3, the ban on inhumane treatment which features in many migration cases.

In October Alain Berset, the head of the Council of Europe, told the BBC that he was “absolutely ready” to discuss human rights reforms.

That olive branch to member states came after months of diplomatic talks paving the way for Wednesday’s meeting.

“The European Convention on Human Rights provides the framework we need to address these issues effectively and responsibly,” said Berset ahead of the meeting.

“Our task is not to weaken the Convention, but to keep it strong and relevant — to ensure that liberty and security, justice and responsibility, are held in balance.”



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