Denmark Leads European Push for ECHR Changes to Facilitate Deportation of Criminal Foreigners

European Nations Seek ECHR Reinterpretation

Denmark, alongside 26 other European nations, is spearheading an initiative to amend the interpretation of the European Convention on Human Rights (ECHR). The primary objective is to streamline the deportation process for criminal foreign nationals. This significant push culminated in a joint statement signed in Strasbourg on December 10, 2025, by a majority of the Council of Europe's 46 member states.

The proposal calls for a 'modernisation of the interpretation' of the ECHR, which was established in 1953. Danish Prime Minister Mette Frederiksen and UK Prime Minister Keir Starmer co-authored a commentary in The Guardian, emphasizing the need for the convention system to 'evolve to reflect the challenges of the 21st century.' They argued that without such changes, 'the forces that seek to divide us will grow stronger,' referencing the rising support for hard-right political parties across Europe.

Focus on Articles 3 and 8

The proposed changes specifically target the interpretation of Article 3, which prohibits torture and inhuman or degrading treatment, and Article 8, which guarantees the right to respect for private and family life. Proponents argue that the current broad interpretation of these articles by the European Court of Human Rights (ECtHR) often hinders states' ability to deport individuals who have committed crimes.

The initiative seeks to narrow the definition of 'inhuman and degrading treatment' and provide national governments with greater flexibility in immigration control. Justice ministers and officials from ECHR signatory countries convened in Strasbourg to discuss these potential reforms, with a new interpretative declaration expected by May 2026.

Broad European Support and Key Proponents

The movement gained significant traction, with 27 Council of Europe member states ultimately endorsing the joint statement. Beyond Denmark, key nations advocating for these changes include Italy, led by Prime Minister Giorgia Meloni, and the United Kingdom. Other countries that signed an initial letter in May 2025, spearheaded by Denmark, included Austria, Belgium, Czech Republic, Estonia, Latvia, Lithuania, and Poland. By December, additional nations such as Albania, Bulgaria, Croatia, Finland, Hungary, Iceland, Ireland, Malta, Montenegro, the Netherlands, Norway, Romania, San Marino, Serbia, Slovakia, Sweden, and Ukraine had joined the call for reform.

The push reflects a growing sentiment among some European governments that the ECHR, in its current application, obstructs efforts to manage irregular migration and ensure public safety. Denmark's Prime Minister Frederiksen has previously pursued a 'zero refugee' policy, and the country reported a record low in asylum applications last year.

Criticism from Human Rights Organizations

Despite the broad political support, the proposed changes have drawn criticism from human rights organizations. Groups such as Human Rights Watch and Picum have expressed concerns that the initiative could undermine fundamental human rights and the rule of law. Critics argue that such moves risk creating a 'hierarchy of human rights' and conflate migration with criminality, a phenomenon some term 'crimmigration.' They emphasize that the ECHR is designed to protect all individuals and that the proposed reforms could have serious implications for migrants and even European citizens with migrant backgrounds.