Council of Europe adopts Chişinău Declaration on migration and human rights

Council of Europe adopts Chişinău Declaration on migration and human rights

Published May 18, 2026

The Council of Europe has adopted the Chişinău Declaration, a that reaffirming the commitment of contracting states to the European Convention on Human Rights (ECHR) while addressing contemporary challenges related to migration, border management, and the application of human rights standards in Europe.

Adopted during the 135th Session of the Committee of Ministers held in Chișinău, Republic of Moldova, the declaration was agreed by consensus among the 46 member states of the Council of Europe. The text reaffirms support for the independence of the European Court of Human Rights and underlines the importance of balancing the general interest of the community with the protection of fundamental rights.

The declaration places strong emphasis on the principle of subsidiarity, reaffirming that national authorities have the primary responsibility to secure Convention rights, while the European Court of Human Rights acts as a supervisory safeguard when domestic systems fail to provide effective protection. It also highlights the importance of effective remedies, shared responsibility between institutions, and the execution of judgments of the Strasbourg Court.

A substantial part of the declaration focuses on migration related issues. The text recognises that states have the sovereign right to control the entry and residence of foreign nationals, while stressing that such powers must always be exercised in conformity with the Convention.

The declaration addresses a number of themes currently debated across Europe, including:

• the application of Article 3 of the ECHR concerning torture and inhuman or degrading treatment in expulsion and extradition cases;
• the application of Article 8 concerning private and family life in migration cases;
• mass arrivals of migrants and pressures on frontline states;
• the instrumentalisation of migration by hostile actors;
• accelerated asylum and migration procedures;
• cooperation with third countries, including the possible use of “return hubs”; and
• the importance of maintaining public confidence in the Convention system.

The declaration also reiterates that the prohibition of torture and inhuman or degrading treatment under Article 3 remains absolute and permits no derogation or exception.

Alongside the declaration, the European Network of National Human Rights Institutions (ENNHRI), of which the Office of the Parliamentary Ombudsman in Malta has Associate Member status, published a detailed Questions and Answers document analysing the declaration and its possible implications for migrants’ rights, national courts, and the work of the European Court of Human Rights.

ENNHRI notes that while the declaration reaffirms important principles such as the independence of the Court and the absolute nature of Article 3 protections, concerns have also been expressed by human rights organisations regarding the possible interpretation and future application of some sections of the text.

The Q&A document explains that the declaration has no direct legal effect and does not amend the Convention. However, it may still be cited in legal arguments before national courts and the European Court of Human Rights.

ENNHRI further highlights the importance of safeguarding the universality of human rights, judicial independence, and the role of national human rights institutions in monitoring compliance with the Convention and contributing to public debate on migration and human rights issues.

The declaration also acknowledges the role of national human rights institutions and civil society organisations in monitoring compliance with the Convention and the judgments of the European Court of Human Rights.

Read the full Chişinău Declaration here

Read the ENNHRI Questions and Answers document here