In a new statement, ENNHRI calls on Council of Europe Member States to respect and protect the independence of the European Court of Human Rights (the Court). This follows a recent open letter by nine governments of Council of Europe Member States. Amid increasing polarisation and conflict across Europe and worldwide, the Court is a pillar for peace, democracy, the rule of law, and protecting human rights for all in Europe – within the system of checks and balances that state parties chose to build together.

ENNHRI’s statement expresses concerns regarding the open letter. While governments have the responsibility to ensure security for society, they are bound to do so with respect for national and international law. This includes the European Convention on Human Rights (ECHR).

The ECHR reflects minimum, inalienable rights for everyone – ones inherent to all human beings, irrespective of their nationality. Among them are non-derogable rights, such as the prohibition of torture, inhumane or degrading treatment. These cannot be suspended or limited in any circumstances; they are considered fundamental to human dignity.

The Court was set up by sovereign choice of Member States of the Council of Europe to supervise the application of the ECHR. It plays a vital role in ensuring the uniform interpretation and application of the ECHR across all Member States. Furthermore, its judgments contribute to legal certainty for individuals and the coherent protection of human rights throughout the Council of Europe.

ENNHRI underlines that the Court does not prevent governments from taking decisions to advance the safety and stability of societies, including to expel migrants convicted of crimes. In line with the rule of law, however, the Court supervises whether such decisions contravene the ECHR.

75 years ago marked a turning point. The determination and leadership of European governments in the aftermath of war drove the adoption of the ECHR and the emergence of the Court. With an unstable geopolitical context and war again in the region, European governments must show the same leadership as in 1950. This means demonstrating steadfast commitment to the rule of law, democracy and human rights, and respect for independent courts which put these principles into practice. For the benefit of all across Europe and beyond.

More information and background

Read the full ENNHRI statement here.

Read a related statement from the Council of Europe Secretary-General here.

Read a related statement of Belgian institutions, including the NHRIs here (in French).

Explore all rule of law reports from ENNHRI and its members in the dedicated database.

Discover ENNHRI’s tool for NHRIs on implementation of the Court’s judgments here.