Human Rights Commissioner says European court judgments cannot be ignored

Thomas Hammarberg, the Commissioner of Human Rights at the Council of Europe, has criticised member states for not promptly implementing the decisions of the European Court of Human Rights (ECtHR). Hammarberg states that while member states generally comply with an ECtHR order for damages in a timely way, many states have been slow in changing their policies and practices to enforce the substance of ECtHR judgments.

Hammarberg says that the "standards and procedures are clear" - he cites Article 46 of the European Convention on Human Rights, where member states promised to "undertake to abide by the final judgement of the Court in any case to which they are parties". Hammarberg says this includes taking "necessary measures to redress the situation of applications", and amend domestic legislation and practice where appropriate.

Hammarberg gives the specific example of a decision relating to Roma children and their right to education in some member states - he says that little has changed on the ground in these states in the three years since the first major judgment of the ECtHR on this issue. Hammarberg concludes by supporting the Committee of Ministers' proposal that each member state should appoint a national coordinator tasked with ensuring his or her state's compliance with ECtHR decisions.

 

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