Ireland has joined 25 other European nations in expressing concern that the European Court of Human Rights is interpreting “inhuman and degrading treatment” too broadly, hindering the deportation of foreign criminals. Justice Minister Jim O’Callaghan voiced the concerns during a meeting of justice ministers at the Council of Europe, aligning Ireland with Denmark, which has faced similar challenges.
Concerns Over Human Rights Interpretations
Denmark, currently holding the EU presidency, has previously struggled to expel migrants who successfully argued that deportation would lead to cruel or degrading treatment in their home countries. Mr. O’Callaghan stated Ireland shares these concerns regarding the challenges posed by the European Convention on Human Rights in relation to migration.
According to a spokeswoman for Mr. O’Callaghan, the minister believes the European Court of Human Rights has interpreted Article 3 – which prohibits torture and “inhuman or degrading treatment or punishment” – too broadly. He emphasized the need to balance protecting fundamental rights with the realities of expelling foreign criminals and clarifying the definition of “inhuman and degrading treatment.”
The countries supporting Denmark and Ireland include Italy, Albania, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Finland, Hungary, Iceland, Latvia, Lithuania, Malta, Montenegro, Netherlands, Norway, Poland, Romania, San Marino, Serbia, Slovakia, Sweden, Ukraine and the United Kingdom.
Call for Balance and Control
A joint statement from the 26 countries asserted the need for a balance between the rights of migrants and the public interests of defending freedom and security. The statement specifically called for member states to retain the right to expel foreigners convicted of serious crimes, even those who have established ties in their host country.
The statement also advocated for constraining the absolute right to be free from cruel and degrading treatment to “the most serious issues,” preventing it from obstructing proportionate decisions regarding the expulsion of foreign criminals or impacting removal and extradition cases, including those involving healthcare and prison conditions. The countries affirmed their right to control the entry, residence, and expulsion of foreigners within their territories.
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