States Must Assume Their Fair Share Of Responsibility

The British Chairmanship of the Council of Europe’s Committee of Ministers will be holding a High Level Conference on the Future of the European Court of Human Rights in Brighton, United Kingdom (18-20 April 2012). The Declaration to be adopted in Brighton will lay the ground for a number of reforms, including amendments to the European Convention on Human Rights (the Convention). These reforms could seriously undermine the authority and integrity of the Court and its ability to ensure the effective protection of human rights in Europe. In particular, the damaging proposals would introduce additional admissibility requirements in the Convention and codify the principles of subsidiarity and margin of appreciation in the treaty. To insert these principles in the text of the Convention, and to define their nature and content, risk undermining the interpretative role of the European Court of Human Rights.

Member states of the the Council of Europe are called upon by a joint statement, signed by many European NGOs and citizens, to stand up for the procedural rules in order to ensure and strengthen the effective protection of human rights. As the signatories of the joint statement, the Hungarian Civil Liberties Union and the Hungarian Helsinki Committee consider that civil society’s legitimate interests in ensuring the long-term effectiveness of the Court needs to be given proper consideration in the context of the ongoing negotiations by the Hungarian Government. Reforms of the Convention system aimed at strengthening the Court must not end up undermining its integrity and authority, notably by curtailing its jurisdiction or limiting its interpretative role. The European Court of Human Rights is at the heart of the system for the protection of human rights in Europe. It must remain a strong Court, accessible to individuals who are victims of violations of their Convention-protected rights and who have had no effective redress at the national level.

Megosztás

Kapcsolódó hírek

A Court had to Overturn the Actions of the Police and the Counterterrorism Center

The Metropolitan Court of Budapest invalidated the decision of Budapest’s chief police officer that effectively banned an announced demonstration at the Prime Minister’s residence. The decision also found that closing the area, in order to prevent the demonstration, violated the law. The HCLU welcomes the decision by the court which stated that “limiting a peaceful demonstration because it is held in the presence of a high level official but otherwise serves as an expression of a political opinion is unnecessary in a democratic society.”

Superficial amendments - Organization of the judiciary remains inadequate

Last year the Government introduced fundamental changes to the judicial system. Although 30 separate provisions of the relevant regulation were amended in response to the serious concerns raised by the Venice Commission (VC), the organization of the judicial system remains centralized and still endangers the independence of the judiciary and the fairness of court proceedings – according to the Eötvös Károly Institute, the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union.

Invitation to HCLU Press Conference

The HCLU will hold a press conference on findings of police practices during September and October 23rd, 2006