LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
What is the future of the European Court of Human Rights
(ECHR) in applying the rule of law? Is the ECHR a necessary vehicle for protecting
human rights or an inefficient mechanism that improperly interferes with the
sovereignty and rule of national law among the 47 Council of Europe
The United Kingdom leads the ECHR's critics, extracting
reform concessions at the Brighton conference earlier this year. It remains to
be seen the nature of the reforms and to what extent such changes will be made.
Whether one believes the court serves its purpose or not, a
backlog of more than 150,000 cases indicates that something must give. The
trivial many must be handled differently than the comparatively few major human
rights cases filed.
A case involving mass violation of fundamental human rights
should be expedited and take a higher priority over one where a convict files a
frivolous complaint as a means to harass those who have incarcerated him. On
the other hand, what safeguards are in place to ensure protection of individual
human rights? Are the rights of an individual victim due any less protection by
the rule of law than the rights of a group of victims?
Issues of national sovereignty versus human rights come into
play where a legal issue adjudicated by a nation's judiciary is revisited via a
complaint filed with the ECHR. If due process was afforded at the national
level, should the ECHR have to review the matter and perhaps render a
conflicting opinion? On the other hand,
local and national courts can be unduly influenced by national political
concerns and turn a blind eye to the behavior of local rights violators. If the ECHR is relegated to being a court of
last resort, victims awaiting the national process to run its course so they
can appeal may expire prior to the ECHR's appellate review.
Equally troubling is the ECHR's funding issues. It appears
that the court is now willing to expedite cases involving countries that donate
to the court. For example, if the United Kingdom contributes additional funds,
the ECHR is willing to apply those funds to work on the backlog of cases
involving the United Kingdom without regard to the seriousness of pending complaints
that do not involve the United Kingdom. In essence, the court becomes "pay to
play," rendering freelance justice for its patrons.
Clearly issues of case priority, national sovereignty, and
protection of fundamental human rights must be addressed and balanced so that
the impartial rule of law can be meted out by the court.
European Court of
Human Rights website
Convention on Human Rights (PDF file)
European Court of Human Rights, BBC News (Feb. 7, 2012)
Reforming European Court of Human Rights, BBC News (Apr. 23, 2012)
Court of Human Rights 'gets out begging bowl', UK Telegraph (June 21, 2012)
the future of the European Court of Human Rights, Public Service Europe
(Apr. 23, 2012)