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Letter to Minister McEntee and Minister O'Callaghan from IHREC Chief Commissioner

Helen McEntee T.D.,
Minister for Foreign Affairs and Trade
Jim O’Callaghan T.D.,
Minister for Justice, Home Affairs and Migration

5 May 2026
Dear Ministers O’Callaghan and McEntee,


Thank you for your letter of reply (Ref: DJE-MO-14777-2025) regarding IHREC’s correspondence of 1 and 12 December 2025, and for your engagement with the concerns raised.
 

IHREC welcomes the Government’s clear reaffirmation of Ireland’s longstanding commitment to the European Convention on Human Rights (ECHR), the independence of the European Court of Human Rights (ECtHR), and the central role of the Council of Europe in upholding human rights, democracy and the rule of law. We also note positively your recognition of the significance of the Convention as a safeguard within the Good Friday Agreement framework.
 

We also warmly welcome Minister O'Callaghan's very positive statement on the occasion of his recent meeting with Council of Europe Secretary General Alain Berset.
 

In light of the forthcoming Council of Europe Committee of Ministers meeting in Chișinău in May 2026, IHREC remains concerned that the proposed Political Declaration, depending on its content and framing, may risk undermining the authority and independence of the ECtHR or altering the balance of the Convention system in a manner that could weaken protections for fundamental rights. In particular, we would emphasise that any effort to address challenges in migration governance must remain firmly grounded in the universality, indivisibility and enforceability of human rights obligations under the Convention.
 

While we acknowledge the importance of dialogue among Member States on migration, IHREC stresses that such discussions must not lead, either explicitly or implicitly, to a dilution of Convention standards or to political signalling that could constrain the Court’s interpretative function. The independence of the ECtHR is a cornerstone of the Convention system and must be preserved without qualification.

We welcome your indication that Ireland is engaging constructively in discussions and drawing upon legal expertise. In this regard, and consistent with the call of the Council of Europe Commissioner for Human Rights for inclusive deliberation, IHREC strongly encourages the Government to ensure structured and ongoing engagement with national human rights institutions and civil society as the process develops. Such engagement would strengthen Ireland’s position and reinforce its credibility as a principled advocate for the international human rights system.
 

Given Ireland’s forthcoming EU Presidency and its candidature for election to the UN Human Rights Council, the positions adopted in this process will carry particular weight. On 20 April 2026, IHREC held a stakeholder dialogue in the immediate context of the Council of Europe process to develop a Political Declaration on the ECHR and Migration. The event brought together legal experts, the judiciary, academics and civil society.
 

IHREC believes that Ireland is well placed to play a constructive leadership role in ensuring that any Political Declaration unequivocally affirms:

  • the full independence and authority of the ECtHR;
     
  • the binding nature of the Convention and the Court’s judgments;
     
  • the principle that migration governance must be conducted in full compliance with human rights obligations; and
     
  • the continued integrity of the Convention system as a cornerstone of the European rules-based order.

IHREC would welcome the opportunity to engage further with your Departments as discussions progress and would be pleased to provide any additional legal or policy analysis that may assist.
 

Yours sincerely,
 

Liam Herrick Chief Commissioner

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