The UK has joined EU ministers in a pledge to make it easier to deport foreign nationals as the continent tackles the problem of illegal migration.
Foreign secretary Yvette Cooper and other European ministers will make a joint political declaration on Friday that agrees on a stricter implementation of human rights law and reasserts states' sovereign rights to deport people from their countries.
The declaration, which has been driven by the UK, Denmark and Italy, will be issued by foreign ministers in the Council of Europe, a group of 46 member states.
Ministers have agreed to an updated interpretation of Articles 3 and 8 of the European Convention on Human Rights (ECHR). The UK and other member states hope that the statement will help the courts, which are independent of government, ensure that serious criminals are not able to avoid deportation.
Article 3 of the ECHR protects against sending someone to a country where they would face torture, inhuman or degrading treatment. It is understood that the UK and others think the threshold for what constitutes “inhuman or degrading treatment” is too high and should be lowered so that people cannot stop their deportation to countries with a long respect for democracy and the rule of law.
Article 8 of the ECHR guarantees the right to respect for private and family life, and EU ministers are expected to say the family rights of serious foreign criminals need to be properly balanced against the public interest of deporting them.
Human rights organisations warned that the political statement would lead to a “gradual weakening of human rights protections”.
Akiko Hart, director of Liberty, said it was a “hugely significant moment”, adding: “We are deeply concerned that changing how the ECHR is used by UK courts will open the door to a gradual weakening of human rights protections.
“The ECHR impacts our lives on a daily basis. It acts as vital safety net, and undermining it jeopardises the legal framework that protects us all.
“At a time when we see are increasing threats to human rights and civil liberties across Europe, now is the moment to be strengthening frameworks like the ECHR – not weakening them.”
Ahead of meetings in Moldova on Friday, Ms Cooper said that the UK had been “working with neighbours across Europe to ensure that countries can take strong action against illegal migration, control borders, uphold the rule of law and respect international standards”.
She added: “The ECHR has protected democracy, human rights and the rule of law across Europe for 75 years. To ensure this continues, we need a common-sense approach that reflects the realities of today.
“We want to ensure that immigration systems can’t be unfairly gamed to prevent foreign criminals or those accused of crimes abroad being lawfully returned.”
Attorney general Richard Hermer said the UK was proud to be part of the work to “modernise how the ECHR works, including how to protect our borders in the national interest, to ensure the Convention endures for another 75 years and beyond".
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