27 States: Reforming Europe’s Human Rights Convention, New Era

Europe has a very important set of rules. These rules protect human rights (27 States). They are called the European Convention on Human Rights (ECHR). There is also a court. This court is the European Court of Human Rights (ECtHR). It sits in the city of Strasbourg.

This court handles human rights cases. It holds governments responsible for their actions. Now, a large group wants changes. Twenty-seven countries want to reform the system. They say the system is too slow. They say it is being used in the wrong way.

What is the European Human Rights Convention?

The ECHR is like a rulebook. It was created many years ago. It guarantees basic rights for people in Europe. These rights include:

• The right to life.
• Freedom from torture.
• The right to a fair trial.
• Freedom of speech and thought.

Almost every country in Europe follows this rulebook. When a person feels their rights were broken, they can sue their government. If they lose in their home country, they can take the case to Strasbourg. The court in Strasbourg is the last hope.

The Main Problem: Too Many Cases

The biggest issue is the workload. Too many people send their cases to the Court. The court gets tens of thousands of requests every year. This has caused a huge backlog. A backlog means too many cases waiting.

The court cannot decide cases quickly. People wait years for a final decision. This is not fair to the people seeking justice. Justice delayed is justice denied. The countries agree the system must get faster. They want the court to focus only on the most important cases.

The Idea of “Subsidiarity”

The 27 countries want to stress a rule called “subsidiarity.” This is a complicated word. It means the national government should have the first job. It means the home country should handle the human rights case first.

The countries feel the court in Strasbourg interferes too much. They say national courts are often best to decide cases. The national court knows the local laws. It knows the local culture. The ECHR should only step in when the national court fails badly. The reforms aim to give more power back to the national courts.

The Issue of Government Policy

Some of the tension comes from controversial rulings. The European Court makes big decisions. These decisions affect government policy. Two major areas cause problems.

One area is immigration and asylum. The court has sometimes stopped countries from sending people back home. Governments argue this interferes with border control. They say it hurts national safety.

Another area is prison conditions. The court orders governments to spend money to fix old prisons. Governments say this is too expensive. They see these rulings as controlling their national budget.

A Push Against Broad Rulings

The countries want the Court to be less creative. They want the judges to stick to the original ECHR rules. This do not want the Court to create entirely new rights. They believe new rights should be made by governments, not by judges.

The Court has recently dealt with new topics. These include climate change and new technologies. Countries worry the Court is moving into politics. They want the court to stay focused on fundamental justice issues.

Protecting the System’s Future

The reforms are also about survival. The current system is too slow and overloaded. If the system collapses, human rights protection in Europe will be weak. The countries want to make the system sustainable. Sustainable means it can last a long time.

They want the court to only handle the most serious violations. Cases that are clearly weak should be thrown out quickly. This would save the court’s time and money. It would let the court focus on big issues like torture or freedom of speech.

The Need for Better Implementation

When the Strasbourg court makes a ruling, the country must follow it. This is called implementation. The ruling must be put into place.

Some countries are very slow to implement rulings. The 27 countries want better rules for this. They want governments to act faster. They want to make sure court decisions lead to real change. A ruling is useless if the government ignores it for years.

Who Supports the Reform?

A very large group of countries supports the reform. Twenty-seven member states of the Council of Europe agreed on a set of goals. This shows wide support for change.

The goals are focused on efficiency. They want the process to be faster. This want the process to be more transparent. They want to make sure the rights are protected, but the system is not abused. They want the court to respect the decisions of national judges more often.

A Balance Between Power and Rights

The debate is truly about balance. It is a balance between government power and human rights.

• The States want the freedom to govern without constant interference. They want more “subsidiarity.”
• The Court and Advocates want to make sure human rights are protected everywhere. They want a strong court that can overrule bad national decisions.

Finding the right balance is very hard work. It takes careful talking and new agreements.

Next Steps for the Convention

The proposed changes are being discussed now. European leaders will meet soon. They will talk about how to achieve these goals.

This must find ways to reduce the mountain of cases. They must increase the court’s budget. They must define the roles of national courts more clearly. The ECHR is a treasure for Europe. Everyone agrees it must be saved. The goal is to make it stronger and more efficient for the next generation. 27 States

A Fight for Justice’s Speed 27 States

Twenty-seven states want to change Europe’s human rights convention. They do this mainly to save the system. The speed of justice is too slow. The case backlog is too large. They want to put national decisions first. 27 States

This reform is a critical test. It asks if Europe can protect human rights while respecting national sovereignty. The leaders must work together. They must make sure the European Court remains strong. It must continue to be the final shield for human rights across Europe. The fate of the entire system hangs on these new decisions. 27 States

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