UN Experts Warn Against Weaker Rights Protections for Migrants

The declaration was approved by the Committee of Ministers of the Council of Europe and focuses heavily on migration management, border security and the return of migrants.

A group of United Nations experts has raised serious concerns about the recently adopted Chișinău Declaration, warning that the new policy direction on migration and expulsions could weaken important human rights protections for migrants across Europe.

The declaration was approved by the Committee of Ministers of the Council of Europe and focuses heavily on migration management, border security and the return of migrants. UN experts say some of its proposals could narrow how the European Convention on Human Rights is applied in migration cases, creating risks for people seeking safety and protection. According to the experts, migration policies should remain firmly rooted in human rights principles, especially when dealing with vulnerable individuals who may face danger if returned to their countries of origin.

Fears over asylum access and legal safeguards

The experts pointed to several areas of concern, including tougher migration controls, expanded use of detention, restrictions on access to asylum procedures and reduced legal protections for migrants facing removal.

They said some parts of the declaration place greater emphasis on the authority of national governments to make migration decisions, which could weaken the oversight role of the European Court of Human Rights. That court plays a crucial role in ensuring that countries comply with their obligations under the European Convention on Human Rights.

The declaration also discusses new migration approaches such as processing asylum claims outside national territories, creating return hubs and working more closely with transit countries. UN experts believe these measures raise important legal questions because migrants could be sent to places where their safety and rights are not adequately protected.

Particular concern was expressed about the principle of non-refoulement, a cornerstone of international law that prohibits returning individuals to countries where they face risks such as torture, persecution or other serious harm.

Vulnerable groups could face greater risks

UN experts warned that enforcement-focused migration policies often have the greatest impact on people who are already vulnerable. This includes children, torture survivors, people with disabilities, older individuals, ethnic and religious minorities, trafficking victims, LGBT people and human rights defenders who support migrants.

Women and girls can face additional dangers, including gender-based violence, sexual abuse, trafficking, forced marriage and barriers to healthcare. The experts stressed that these risks may not always be identified without proper assessments and gender-sensitive safeguards, increasing the possibility of serious human rights violations.

They also questioned references to diplomatic assurances and the limited consideration of health and socio-economic conditions when assessing removals, arguing that such factors can play a critical role in determining whether someone faces danger after being returned.

The experts said the credibility of the human rights system depends on governments continuing to respect fundamental legal protections, even during periods of increased migration pressure. They urged European states to ensure that migration policies uphold human rights obligations and provide equal protection for every individual regardless of their background or migration status.