European Convention on Human Rights
Seanad Éireann — 2026-03-05
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Charlie McConalogue (FF), Donegal

I thank the Senator Stephenson for raising this matter, which I am taking on behalf of the Minister for Foreign Affairs and Trade who is unavailable. At the outset, I want to underline Ireland's long-standing and continued support for the ECHR and the role of the European Court of Human Rights as essential elements of the architecture of the rule of law in Europe. As a founding member of the Council of Europe, Ireland fully supports the Council’s essential role in promoting human rights, democracy, and the rule of law across Europe. We continue to advocate for and fully respect the independence and integrity of the court, the maintaining and upholding of the convention and respect for the universality of human rights.
The significance of the convention as a core safeguard of the Good Friday Agreement is well recognised by this Government and by the British Government and we are unwavering in our determination to maintain that protection. We remain committed to maintaining and upholding the convention, including on the island of Ireland, and respecting the vital work of the court in its efforts to uphold fundamental rights and protections across Europe.
As the Senator will be aware, there have been growing concerns among member states of the Council of Europe about ensuring a fair and effective migration system while fully respecting the integrity of the ECHR. Senator Stephenson referred to two convention provisions that can arise in this context, namely articles 3 and 8.
Article 3 of the convention provides that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment." This prohibition is absolute. It permits no derogation.
Article 8, paragraph 1 of the convention provides that "everyone has the right to respect for his private and family life, his home and his correspondence". Article 8, paragraph 2 of the convention provides that:
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
An informal ministerial conference was held in Strasbourg on 10 December 2025 to address member states' concerns about ensuring a fair and effective migration system, while fully respecting the integrity of the European Convention on Human Rights. On foot of that conference, the Committee of Ministers of the Council of Europe, on 10 December, instructed the steering committee for human rights, CDDH, to prepare elements for a political declaration reaffirming the obligation to ensure the effective enjoyment of the rights and freedoms guaranteed by the European Convention on Human Rights to everyone within the jurisdiction of member states in the context of the contemporary challenges posed both by irregular migration and by the situation of foreigners convicted of serious offences, taking duly into account, in particular, governments’ fundamental responsibility to ensure national security and public safety. The committee furthermore invited the CDDH to report back before 22 March 2026 to allow for the ministers' deputies to finalise the declaration to be submitted, together with other relevant documents, for adoption at the 135th session of the Committee of Ministers, which is to take place in Moldova on 14 and 15 May 2026.
Ireland is following developments on this matter very carefully and is engaging constructively with other members of the Council of Europe, with a view to achieving a consensus around a political declaration fully consistent with and respectful of the convention, including the universality of human rights, the unqualified nature and non-derogable status of Article 3, and the independence of the court.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-03-05/debate/main
Retrieved: 2026-08-14T04:54:44+00:00
Sitting date: 2026-03-05