As European justice ministers and other officials from the 46-member Council of Europe descended on Strasbourg to negotiate the modernization of the current European Convention on Human Rights (ECHR) on Wednesday, UK Prime Minister Keir Starmer and Danish counterpart Mette Frederiksen delivered a public plea for major reforms.

In a commentary published in the UK's Guardian newspaper on Tuesday, the two called for "responsible governments" to act on "their citizens' concerns," warning that to do otherwise would allow "populists to win."

The two argue, "The best way of fighting against the forces of hate and division is to show that mainstream, progressive politics can fix this problem."

Both Starmer and Frederiksen have tightened immigration policies in the face of increasing numbers of people arriving in the bloc as they flee oppression and poverty at home.

Larger battle over human rights and the rise of anti-immigrant populism

Immigration has been a lightning rod in the West, sparking varying reactions and policies from governments as well as influencing the rise of right‑wing populist movements while reshaping mainstream voter attitudes.

On Friday, anti-immigrant US President Donald Trump railed against the EU, saying it faces "cultural erasure" if it fails to gain control of its borders and kick out immigrants.

Starmer and Frederiksen vowed to "always protect those fleeing war and terror" but added, "the world has changed and asylum systems must change with it."

The two said they hope that the convention, which came into effect in 1953, "can evolve to reflect the challenges of the 21st century."

Though Starmer and Frederiksen pledge to "act with compassion while upholding law and order," human rights defenders said calls to reexamine rules on who can be deported from a country put the world's most vulnerable people at risk — with critics in the UK accusing Starmer of pandering to far-right voices and demonizing refugees.

UK Justice Minister David Lammy is expected to tell summit-goers, "We must strike a careful balance between individual rights and the public's interest, otherwise we risk a loss of confidence in the convention, and in human rights themselves."

What changes do the UK and Denmark want to make to the ECHR?

Lawmakers have long criticized the ECHR as impeding their ability to combat irregular migration.

Starmer, for instance, has argued for reexamining articles 3 and 8 of the convention.

These address the threat of torture, degrading treatment or punishment faced by migrants in their home countries, as well as extending protections for the families of migrants in their host country.

The prime ministers urged their European counterparts to "go further" in modernizing the ECHR to keep asylum seekers from using either article 3 or 8 to avoid deportation.

"The definition of 'family life' [in article 8] can't be stretched to prevent the removal of people with no right to remain in the country … The threshold of 'inhuman and degrading treatment' must be constrained to the most serious issues."

"States must be able to take proportionate decisions on the removal of foreign criminals, so that we renew the convention's democratic foundation."

Critics say that the proposals being put forth by Starmer and Frederiksen — especially as regards article 3 — could have grave implications if less scrupulous countries latch onto them.

Far-right critics have urged the UK to withdraw from the treaty altogether, a step that the UK's Lammy called a "fake" solution.

Council of Europe Secretary General Alain Berset said in Strasbourg that the European Convention on Human Rights was "the final safeguard of individual rights and freedoms across our continent," adding, "The convention's future and Europe's direction are inseparable."

Reform or not, the wording of an official communique at the end of the Wednesday summit could have a profound impact on how the European Court of Human Rights interprets and applies ECHR rights.

Edited by: Louis Oelofse