Dáil Éireann Debate, Thursday - 26 March 2026
118. Deputy Sinéad Gibney asked the Minister for Foreign Affairs and Trade Ireland’s policy on the defence of the protections within the European Convention on Human Rights, particularly on the Article 3 and Article 8 protections of the ECHR which were the subject of a letter signed by Ireland in December; and if she will make a statement on the matter. [22944/26]
View answerIreland’s support for the European Convention on Human Rights and the role of the European Court of Human Rights as essential elements of the architecture of the rule of law in Europe is longstanding.
At an informal meeting of Justice Ministers of the Council of Europe on 10 December 2025, 27 Member States, including Ireland, aligned with the joint statement referenced in the question. This joint statement reflects shared concerns among member states about ensuring a fair and effective migration system, while fully respecting the integrity of the Convention.
The Government believes that it is important to acknowledge the concerns of Member States of the Council of Europe in relation to ensuring the integrity of the Convention, including Articles 3 and 8, while addressing the complex challenges posed by migration management.
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 and permits no derogation. Article 8, paragraph one of the Convention provides that everyone has the right to respect for their private and family life, their home and correspondence. Article 8, paragraph two 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.
A process to draft a political declaration reaffirming the obligation to ensure the effective enjoyment of the rights and freedoms guaranteed by the Convention 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, is currently underway in the Council of Europe. This political declaration is envisioned to be adopted by the Committee of Ministers in May. Ireland is following developments and engaging constructively with other Member States of the Council of Europe with a view to achieving a consensus around a political declaration fully consistent with and respectful of the Convention.
We remain committed to maintaining and upholding the Convention, including on the island of Ireland as a core safeguard of the Good Friday Agreement, and respecting the vital work of the Court in its efforts to uphold fundamental rights and protections across Europe.
