Challenges Remain in Implementing Human Rights Judgments

31-03-2022

Manon Picard

International Justice and Human Rights Researcher, 

Global Human Rights Defence.

The Committee of Ministers of the Council of Europe has published its latest Annual Report regarding the implementation of European Court of Human Rights (ECtHR) judgments. The Report “highlighted many positive developments whilst also underlining that the system faces a number of serious challenges”. 

Specifically, the Committee of Ministers examined progress, in 2021, in a record number of 161 cases. Moreover, in comparison to 2020 where in 983 cases measures were taken by Member States to implement the ECtHR’s judgments, the Committee of Minister were able to successfully close 1,122 cases in 2021. However, this progress is restricted as there was a 40% increase in the number of judgments from the ECtHR in 2021 compared to 2020. By the end of 2021, there were still 5,533 cases pending before the ECtHR with 1,300 highlighting structural human rights problems domestically. The Committee of Ministers also warned of the challenges in the upcoming year to implement the judgments of the ECtHR due to the complexity of the cases presented before the Court. 

As the Annual Report has recently been published, it addresses the suspension and definitive withdrawal of the Russian Federation from the Council of Europe. Due to these events, the Annual Report stated that the “European Convention on Human Rights has a renewed importance in these very difficult and challenging times”. Additionally, the Court notified that the implementation of judgments remained challenging; in particular, the number of complex cases, inter-State cases, as well as “member states’ limited capacity to rapidly implement the Court’s judgments”. The Committee of Ministers recommends that Member States increase their capacity to implement judgments domestically at a more sustained pace. 

Sources and further reading:

Council of Europe. (2022, March 30). Progress and Challenges Seen in Implementing Human Rights Judgments, says Annual Report. Newsroom – Council of Europe. Retrieved on March 31, 2022 from https://www.coe.int/en/web/portal/-/progress-and-challenges-seen-in-implementing-human-rights-judgments-says-annual-report

Council of Europe. (2022, March 30). Committee of Ministers – Implementing ECHR Judgments: Latest Annual Report Shows Progress Amid Increasing Challenges. https://search.coe.int/directorate_of_communications/Pages/result_details.aspx?ObjectId=0900001680a60191

Council of Europe. (2021). Committee of Ministers 15th Annual Report – Supervision of the Execution of Judgments and Decisions of the European Court of Human Rights 2021. https://rm.coe.int/2021-cm-annual-report-en/1680a60140