The ECHR’s Procrustean bed: a final call for perspective in the Chișinău process

Council of Europe member states will meet in Chișinău, Moldova, in May 2026 to adopt a political declaration on migration and the European Convention on Human Rights. It marks the first time that states have embarked on a process that, judging by its origins and conduct, can only result in a regression in human rights protection for certain (still ill-defined) categories of migrants and perhaps, in time, for everyone.

The process stems from an Informal Ministerial Conference on 10 December 2025, where states instructed the Steering Committee for Human Rights (CDDH) to prepare elements for the political declaration.

Here, we argue that the process has not escaped its problematic origins in the politicised sniping at the Court from various capitals. It has been rushed and exclusionary, and brings greater risks than benefits for a system already under pressure. The result has been a narrative driven by certain states without a clear evidential basis, with many silent states yet to reveal their hand publicly. We urge member states to use the remaining weeks to build on points of progress and minimise the scope for unintended consequences, transforming the Chișinău Declaration into something constructive for the Convention system and states alike.