For the sixth consecutive year, National Human Rights Institutions (NHRIs) from the Council of Europe region report on developments and challenges in key rule of law areas. They highlight that serious challenges to the rule of law remain widespread across the region, including deteriorating civic space, threats to media freedom and access to justice. In spite of the worrying outlook, NHRIs persist in addressing these and other challenges. Based on their reporting, NHRIs also recommend how national and regional policymakers can strengthen the rule of law across the region. Explore all findings in ENNHRI’s rule of law database, including the regional overview and all country reports.

Progress and challenges in NHRI establishment and enabling space

Across Europe there has been noteworthy progress concerning the establishment and international accreditation of NHRIs. Following the first-time accreditation of the Swedish NHRI with A-status, 29 out of 47 Council of Europe Member States now have an NHRI with A-status. A new institution in Iceland is being operationalised, while the Czech ombuds’ mandate has been expanded with that of an NHRI. Italy and San Marino now remain the two only Council of Europe Member States without concrete progress on the establishment of an NHRI.

At the same time, the report confirms that NHRIs face persistent challenges. Among these are inadequate resources, a lack of meaningful follow-up on their recommendations, and rising threats. Worryingly, the latter trend was reported by one in four institutions across the Council of Europe region.

Recommendations

To address the identified challenges, ENNHRI calls on:

• National authorities to ensure adequate funding and respect NHRIs’ independence, follow up on their recommendations, and protect them from threats and attacks.
• Regional actors to support the establishment and enabling environment of NHRIs and address threats to their independence in cooperation with national authorities, including at high political levels.

Shrinking civic space and risks for human rights defenders

The shrinking space for civil society organisations (CSOs) and human rights defenders (HRDs) remains of critical concern across Europe. NHRIs highlight increasing restrictions on the freedom of peaceful assembly; barriers to accessing funding; limited inclusion in policymaking processes; and growing stigmatisation and attacks. These threats especially impact environmental, women and LGBTQ+ defenders.

In response, NHRIs continue to support civil society in line with their mandates. For instance, this can be through complaint handling, legal assistance, reporting and advocacy. Yet, overall, countries still lack national robust protection mechanisms for HRDs.

Recommendations

To address the identified challenges, ENNHRI calls on:

• National authorities to guarantee freedom of assembly, expression, and association; enable access to both domestic and foreign funding; and establish dedicated protection mechanisms for HRDs with particular attention to the most at-risk groups, in consultation with NHRIs and other HRDs nationally.
• Regional actors to strengthen the protection of and support for CSOs and HRDs by ensuring flexible and accessible funding; sustained monitoring of the implementation of relevant regional judgments and recommendations; and the establishment of regional protection mechanisms – taking into account NHRIs’ mandate and role in supporting civil society space and protecting other HRDs.

Ongoing challenges to justice systems and implementing European Courts’ judgments

Structural problems in justice systems remain widespread. These include significant delays in court proceedings, threats to judicial independence and impartiality, and barriers to accessing legal aid. The latter particularly affects groups in a vulnerable situation. NHRIs also observe insufficient progress in the implementation of European Courts’ judgments, sometimes even questioning the independence and authority of the European Court of Human Rights.

In response, NHRIs provide legal support, independent reporting, and advocacy to safeguard access to justice and to support the timely execution of European Courts’ judgments.

Recommendations

To address the identified challenges, ENNHRI calls on:

• National authorities to prioritise strategies, reforms and resources to ensure the efficiency of justice systems, reduce delays, and ensure access to legal aid.
• National authorities to safeguard judicial independence through transparent, merit-based selection processes, accountability and regulated dismissal processes.
• National authorities to prioritise and implement judgments from European Courts, and act on regional recommendations to strengthen justice systems.

Media freedom under increasing pressure

NHRIs also identify significant challenges to media freedom across the region. Journalists face attacks and threats, strategic lawsuits against public participation (SLAPPs), and are unduly restricted from accessing public interest information. In addition, disinformation – including state-sponsored false narratives – undermines independent media and public trust in independent media.

NHRIs actively monitor media landscapes and provide legal and policy guidance. They work to counter disinformation and contribute to the implementation of relevant European Court judgments on media freedom and the protection of journalists.

Recommendations

To address the identified challenges, ENNHRI calls on:

• National authorities to protect journalists through legal safeguards; improve access to public information; counter disinformation and hate speech; and ensure the independence of media regulatory bodies.
• Regional actors to support national implementation of relevant European legislation, European Courts’ judgments, and recommendations concerning media freedom.

Current and upcoming reports and more information

Use ENNHRI’s dedicated online database to explore the latest regional report. Discover the trends across various thematic areas in more detail in the regional overview and individual country reports.

Earlier this year, ENNHRI released its rule of law report focusing on the European Union (EU). This featured findings from its members across EU Member States. Later this year, ENNHRI will also publish a thematic report focusing on the rule of law situation in EU enlargement countries.

Read more on ENNHRI’s work on democracy and rule of law.