Germany plans to leave ECHR to tackle migration crisis

Germany is facing ongoing challenges with its asylum system and migration levels, which have prompted discussions among its conservative politicians about the country's future in the European Convention on Human Rights (ECHR). Jens Spahn, a prominent member of the Christian Democratic Union (CDU) and former health minister under Angela Merkel, has expressed that if Germany cannot reform the asylum system, exiting the ECHR might be necessary. He emphasized that many believe the definition of the right to asylum has become too broad, straying from the original intent of the Convention established after World War II. Currently, Germany is experiencing significant migration pressures, with net migration reaching 906,000 in the year leading up to June 2023 and 236,400 asylum applications lodged just this year. The CDU aims to enhance migration policies and has proposed more stringent measures, including declaring a national emergency to manage increased asylum seeker numbers at borders. This pragmatic approach is a response to the lessons learned from Merkel's open-border policy implemented during the 2015 refugee crisis, which resulted in Germany receiving around half of all asylum applications in the EU between 2015 and 2017. Spahn's comments also resonate with sentiments expressed within the UK's Conservative Party, where leaders like Kemi Badenoch have indicated a willingness to reconsider the UK's participation in the ECHR. This demonstrates a broader European discourse on balancing national sovereignty with international obligations on human rights. Germany's ongoing negotiations with the UK concerning immigration-related crimes further illustrate the urgency to tackle these complex issues. The CDU, led by Friedrich Merz, who is poised to become Chancellor, has made migration policy a primary focus ahead of the upcoming snap elections in February. The debate surrounding Germany's potential exit from the ECHR signals a significant shift in the country's approach to migration and asylum politics. As Spahn suggested, participation in the ECHR should deliver tangible benefits, and if it does not, then it warrants revisiting membership in such agreements. Moving forward, it will be critical for Germany to establish a balance between protecting national interests while navigating its commitments to international human rights agreements.