Ahead of Chișinău declaration, PACE committee calls on states to preserve the integrity of the ECHR system

21/04/2026 Legal Affairs and Human Rights | European Convention on Human Rights

Statement on the forthcoming Chișinău political declaration on the European Convention on Human Rights, adopted on 21 April 2026 by PACE’s Committee on Legal Affairs and Human Rights:

“Strengthened by its 75-year history, the European Convention on Human Rights is an essential part of Europe’s identity. The Convention and the European Court of Human Rights are the continent’s ultimate guarantors of fundamental freedoms and provide a solid foundation for its democratic and peaceful future. It is crucial to safeguard their integrity and legitimacy.

In that context, the committee has paid close attention to the preparation of a political declaration on the Convention and migration, which is due to be adopted at the 135th Session of the Committee of Ministers in Chișinău (14-15 May 2026).

The committee acknowledges the complexity of the migration-related challenges encountered by member states. The Convention is a living instrument that can be interpreted in the light of new realities. However, this process of reflection should be handled with caution and without jeopardising the universality of human rights. States must resolutely preserve the overall integrity of the Convention system, including the independence, impartiality and authority of the Court, as well as the following principles:

• the Court retains supervisory jurisdiction over the interpretation of the Convention while being mindful of the margin of appreciation of states;
• States Parties have an unconditional obligation to implement the Court’s judgments;
• States Parties have the responsibility to secure the Convention rights and freedoms to everyone within their jurisdiction, without discrimination;
• the absolute prohibition of torture and inhuman or degrading treatment, and the principle of non-refoulement, which must be respected in all contexts;
• challenges in addressing migratory flows cannot justify practices that are incompatible with Convention obligations; 
• the Convention must be interpreted in harmony with international law.

The Assembly will continue to play its role as a key stakeholder in the Convention system, including by enhancing work to promote the implementation of judgments of the Court.”

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