As ministers prepare to discuss migration and the European Convention on Human Rights (ECHR) at an informal Ministerial Conference on 10 December 2025, ENNHRI calls on Council of Europe Member States to protect the rule of law and the independence of the European Court of Human Rights (ECtHR).

The Conference, convened by the Council of Europe Secretary General, follows a May 2025 letter from nine governments calling for a “new and open-minded conversation about the interpretation of the ECHR.” ENNHRI welcomes open and democratic discussions amongst governments at the Council of Europe. However, it stresses that any debate must respect the Convention system and the Court’s independence, established by Member States themselves.

ENNHRI calls on governments to respect minimum, inalienable rights for all, including non-derogable rights such as the prohibition of torture. Such rights stem not only from the ECHR, but from the wider body of international law. Limiting the protection of rights for specific groups is contrary to the notion of the universality and inalienability of human rights.

ENNHRI also calls for fact-based discussions on the Convention and migration, which accurately reflect the checks and balances built into the Convention system. The Court leaves a considerable margin of appreciation to States parties in how they apply rights under the ECHR. It does so especially when balancing individual rights with broader public interests, including security concerns for society. An example of this is the expulsion of migrants.

ENNHRI supports the Secretary General’s commitment to keeping political discussions about migration and the Convention within the Council of Europe’s institutional framework. In turn, it urges governments to reaffirm their 2023 Reykjavik Summit Declaration pledge of “unwavering commitment to the Convention system.”

ENNHRI stands ready to contribute to this process and debate both as a collective, representing 51 National Human Rights Institutions (NHRIs) across the Council of Europe, and through each Member NHRI with an independent state mandate to promote and protect human rights. This includes advancing the implementation of the Convention and execution of judgments of the Court.

More information and background

Read the full ENNHRI statement here.

Read ENNHRI’s public statement in response to the May open letter by nine governments.

Explore all rule of law reports from ENNHRI and its members in the dedicated database.

Discover ENNHRI’s tool for NHRIs on implementation of the Court’s judgments here.