The European Convention on Human Rights (Convention) system is of paramount importance for the protection of human rights in Europe. To ensure that this system can do what it envisages, that is, to guarantee human rights protection on the ground, the European Convention and the judgments of the European Court of Human Rights (Court) need to the find their way into the domestic legal orders of Member States. Presently, lack of full compliance with Convention standards and inadequate execution of the Court’s judgements challenge the effective protection the Convention system can offer. Inadequate, delayed and partial compliance with the judgments of the Court affects the extent to which the Court can trigger and improve human rights protection on the ground. These problems exist across Europe: in 2019, over 5,000 Court cases were still pending execution. Many of the cases that are yet to be implemented are so-called repetitive cases, which shows that there are unresolved issues in Member States, that can result in fresh cases before the Court, affecting the latter’s workload. In addition, the implementation of leading cases continues to be problematic as well.
NHRIs have been recognised as key stakeholders for ensuring the effective implementation of the ECHR. Not only do the Paris Principles mandate NHRIs to safeguard and promote the implementation of international human rights instruments, NHRIs are particularly well-placed within their national context to engage with the implementation of the Convention system. NHRIs have the necessary expertise and a unique overview of the needs and challenges in the implementation of human rights standards within their State, as well as the authority to engage with their State party. The involvement of NHRIs in the effective national implementation of the Convention system is therefore important, as it has also been emphasised by the Committee of Ministers itself.
NHRI engagement with ECHR implementation on the national level is crucial. Yet, NHRIs can also participate in international procedures to advance the implementation of ECtHR judgments. In this respect, it is important to recognise that NHRI efforts taken on both the national and international level to implement the ECHR can be complementary. Such efforts can work as a continuous cycle through which outcomes of domestic activities on implementation can be used as input for international advocacy efforts. Vice versa, outcomes of international advocacy can influence and strengthen efforts on the national level.
To support and guide NHRIs in their efforts to work on the implementation of the Convention system, this interactive hub compiles existing resources and tools on ECHR implementation as well as available key lessons learned and existing NHRI good practices. The information hub illustrates how NHRI efforts on ECHR implementation can work as a continuing cycle where outcomes of national efforts to promote implementation of the ECHR and ECtHR judgments can be used in international advocacy efforts, the outcomes of which can strengthen subsequent national efforts. It provides key examples of NHRI activities, coupled with relevant resources and tools.
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Last updated in March 2021.