‌Hosted events, external events and research trips‌

1. Seminar ‘The developing remedial practice of the European Court of Human Rights’ at the Council of Europe, Strasbourg

The HRLIP team for Europe organised a Seminar on the developing remedial practice of the European Court of Human Rights (ECtHR), which was held at the Council of Europe in Strasbourg on 8 November 2017. At the event, which brought together some ninety participants, Dr Alice Donald and Anne-Katrin Speck presented emerging findings from the HRLIP relating to the perception that the Court has moved away from its formerly strictly limited, declaratory approach to remedial measures by sometimes indicating specific non-monetary individual measures or general measures.

The panel, chaired by Professor Philip Leach, included Robert Spano, Judge at the ECtHR elected in respect of Iceland; Isabelle Niedlispacher, Government Agent in respect of Belgium and Chair of the Committee of Experts on the System of the European Convention on European Rights (DH-SYSC); Pavlo Pushkar, Head of Division in the Department for the Execution of Judgments of the European Court of Human Rights; and Kevin Steeves, Director of the European Implementation Network (EIN).

Given the failure of certain states to implement judgments and against the backdrop of two recent landmark Grand Chamber cases (Moreira Ferreira (No. 2) v. Portugal; Burmych and others v. Ukraine) which touch upon the institutional relationship between the Court and the Committee of Ministers (the body supervising the implementation of ECtHR judgments), the Seminar provided a timely opportunity for state representatives, Judges and Registry lawyers from the Court, staff of the Department for the Execution of Judgments and other Council of Europe bodies, as well as academics and civil society representatives to exchange views on how far the ECtHR can – and should – recommend, or require, states to take certain measures after the finding of a violation of the European Convention on Human Rights (ECHR).   

Informed by the HRLIP’s research, participants discussed the following questions:

• What is the Court’s current approach to remedies, and is the perception that the Court’s judgments are becoming increasingly specific or prescriptive borne out by empirical evidence?
• What are the implications of the Court’s remedial practice on the respective roles of the different Council of Europe institutions, in particular the Court and the Committee of Ministers?
• How do different actors, both at the Council of Europe and national level, perceive the opportunities and risks of the Court being more specific or prescriptive on the prospects for success of implementation?
• How is the Court’s remedial practice likely to develop, and how should it?

The HRLIP wishes to express its gratitude to the Council of Europe for making this event possible and is pleased to make available the following background information:

• Seminar report

• Handout and presentation (PDF, 501kB) by the HRLIP research team‌

• Audio files of the speakers’ presentations and the discussion

Written presentations:

• Robert Spano speaking notes, Judge Judge at the ECtHR elected in respect of Iceland
• Isabelle Niedlispacher speaking notes (PDF, 146kB), Government Agent in respect of Belgium and Chair of the Committee of Experts on the System of the European Convention on European Rights
• Pavlo Pushkar speaking notes, Head of Division in the Department for the Execution of Judgments of the European Court of Human Rights‌

2. Country workshop: Belgium

Immigration detention of children

A Workshop organised in Brussels on 1 February 2017 brought together seven representatives of six different NGOs working in the field of migration and children’s rights, to discuss the implementation of one of the HRLIP’s selected judgments from the European Court of Human Rights, which relates to immigration detention of asylum-seeking families with children. Among the issues raised during the Workshop was the risk of ‘backsliding’ after the Committee of Ministers’ decision to close the supervision of the execution of a particular judgment.

3. Country workshops: Czech Republic

Measuring the effectiveness of the implementation of D.H. and Others v. the Czech Republic

On 15 November 2017, the HRLIP organised a Workshop in the framework of the Open Society Fund Prague (OSF)/Open Society Justice Initiative (OSJI) Conference in Prague commemorating the ten year anniversary of the ECtHR’s Grand Chamber judgment in D.H. and Others v. the Czech Republic regarding discrimination against Roma children in the Czech education system. The panel discussion, moderated by Dr Alice Donald, provided an opportunity to explore, together with government officials, Roma rights activists, Roma parents, education experts and academics, what benchmarks or indicators of success might be identified such that the Committee of Ministers might declare itself satisfied that the Czech Republic has fully and effectively implemented the Court’s judgment. Follow the link for the Prague workshop report.‌

The implementation of human rights judgments and decisions in the Czech Republic

On 14 November, the Europe team of the HRLIP, together with Judicial Studies Institute (JUSTIN) in the Faculty of Law at Masaryk University, Brno, co-organised a ‌Czech Republic Workshop (PDF, 890kB) on the implementation of human rights judgments and decisions against the Czech Republic. Building on the tentative findings of both research teams regarding the application and implementation of ECtHR’s case law by the top Czech courts, as well as the HRLIP’s research on Belgium and Georgia, the workshop provided a platform for an in-depth discussion among academics, Government officials, parliamentary staff, civil society representatives and staff from the Office of the Public Defender of Rights (Ombudsman), broadening the existing debate on fostering the implementation of the Convention and the ECtHR’s case law in the Czech Republic. A workshop report is available here, alongside presentations introducing the Human Rights Law Implementation Project and JUSTIN’s Beyond Compliance project, respectively.

4. Country workshops: Georgia

Human Rights Implementation in Georgia: X and Y v Georgia and Identoba and Others v Georgia

The HRLIP, jointly with the European Human Rights Advocacy Centre (EHRAC) and the East West Management Institute (EWMI) / Promoting Rule of Law in Georgia (PROLoG) hosted a one day roundtable at Free University of Tbilisi (Georgia) to discuss the implementation of (i) the case of X & Y v Georgia of the Committee on the Elimination of Discrimination against Women(CEDAW) (concerning domestic violence) and (ii) the ECtHR case of Identoba and Others v Georgia (concerning the rights of LGBTI demonstrators to peaceful assembly) – chaired by Anne-Katrin Speck. The two roundtable sessions provided an opportunity for some 40 participants (including representatives from civil society, the Parliament, OHCHR and the former adviser to the Prime Minister on equality) to discuss the current state of implementation of the two cases, outstanding challenges and possible ways forward with speakers representing several Government ministries, the Prosecutor's Office, the police, the Ombudsman's Office and several NGOs. Click here to find the workshop programme (PDF, 577kB), alongside a roundtable background paper.

5. Research interview trips

Research interviews: Belgium

The HRLIP team from Middlesex University, London carried out two research trips to Belgium: from 7-10 November 2016 and from 30 January to 1 February 2017. A total of 19 interviews focussing on the implementation of selected judgments and decisions against Belgium were conducted with 27 interlocutors in Antwerp, Brussels, Ghent, Mariakerke and Strasbourg, or remotely by Skype.

Research interviews: Czech Republic

During a research trip to Brno and Prague between 19 and 23 June 2017, the Europe team of the HRLIP conducted 14 research interviews involving 21 interviewees, focussing on the implementation of selected judgments and decisions of the European Court of Human Rights and the UN Human Rights Committee.

Research interviews: Georgia

Between 24-28 April and on 10 July 2017, the research team interviewed 37 stakeholders – notably representatives of the government, parliament, the Public Defender’s Office, and civil society – in the course of 20 interviews in Tbilisi (Georgia), London and remotely by Skype.

Research interviews: specificity of the ECtHR’s remedial indications

Aside from the country-specific interviews, 15 additional interviews with a thematic focus were conducted with Judges and Registry lawyers from the European Court of Human Rights (ECtHR), representatives of the Secretariat of the Committee of Ministers, staff of the Department for the Execution of Judgments of the ECtHR, and academics. These interviews will feed into the drafting of an article on the impact of the ECtHR’s evolving remedial practice on the supervision of the execution of judgments. 

Regular research trips to Strasbourg

Anne-Katrin Speck regularly attends the plenary sessions of the Parliamentary Assembly of the Council of Europe (PACE), which meets in Strasbourg four times a year. On these occasions, she has informal meetings with staff members of the PACE Secretariat, members of the Belgian, Czech and Georgian PACE delegations, and PACE rapporteurs. 

External events

1. Participation of team members in conferences / seminars

The future of the European human rights system

Professor Philip Leach participated in an international conference of experts on 2019 and beyond: taking stock and moving forward from the Interlaken process, organised by the Danish Chairmanship (November 2017 – May 2018) of the Committee of Ministers of the Council of Europe in Copenhagen on 22-24 November 2017. At the event, he was rapporteur for a workshop which discussed how the quality of the parliamentary process can provide the basis of a more robust concept of subsidiarity. Participants exchanged views on recent case law from the European Court of Human Rights (ECtHR) which has been viewed to incentivise national parliaments to assume a more proactive role in human rights matters, in particular in vetting draft legislation for its compatibility with the standards of the European Convention on Human Rights (ECHR). The Workshop underscored that all branches of the state (executive, courts and parliaments) were partners in a shared responsibility of protecting human rights. There was also broad agreement on the need to foster a ‘human rights culture’ in parliaments, and states were urged to involve parliaments more closely in human rights work, such as by way of sharing action plans, producing annual reports on the implementation of ECtHR judgments, and holding debates.

Strategic Litigation Impacts on Torture in Custody

Professor Philip Leach (Middlesex University, EHRAC) and Christian De Vos (Open Society Justice Initiative) participated in a three-day meeting in Buenos Aires in late November 2017, convened by the Open Society Justice Initiative to launch a new OSJI report on Strategic Litigation Impacts: Torture in Custody. At the event, which brought together litigators, judges, activists, torture survivors and scholars from Kenya, Argentina, Turkey and other countries, Professor Leach spoke about his experience in litigating cases before the European Court of Human Rights (ECtHR) involving allegations of torture brought by ethnic Chechen civilians against Russia. During discussions, he also presented emerging findings from the HRLIP, in the framework of which all three regional teams are analysing the implementation of a number of the case study judgments and decisions concerning the prevention of, protection from and prosecution of torture, as well as the provision of redress to victims.

Researchers meet the European Court of Human Rights
Dr Alice Donald and Anne-Katrin Speck participated in a Workshop on ‘Responding to Legitimacy Challenges: Opportunities and Choices for the European Court of Human Rights’ at the European Court of Human Rights in Strasbourg (France) on 21 September 2018. They presented findings from HRLIP’s research on the developing remedial practice of the European Court of Human Rights, and discussed the implications of the Court’s developing remedial practice for the legitimacy of the European Convention system. During the ensuing discussion, with the participation of several Judges of the Court and fellow researchers, Alice and Anne cautioned that a return to the Court’s traditional practice of issuing purely declaratory judgments, as some Judges have advocated, would be to the detriment of actual and potential victims, given that well-judged remedial indications were widely seen to potentially have a positive impact on the execution process. They called on all conscientious actors to join forces to push back against deliberate misportrayals of the principle of subsidiarity, upon which the Convention system is built, as inhibiting a more proactive remedial approach. Please see here (PDF, 316kB) for the conference paper.

ICON-S Conference 2017: Courts, Power, Public Law

Anne-Katrin Speck made a presentation at the ICON-S Conference 2017 held in Copenhagen (Denmark) on 5-7 July 2017. The presentation, made as part of a panel which explored the implications of the European Court of Human Rights’ (ECtHR) changing remedial practice for the legitimacy and effectiveness of the system of the European Convention on Human Rights, analyses the impact of the ECtHR’s increasingly specific and prescriptive approach to indicating or even ordering remedies on the supervision of the execution of judgments, shedding light on the implications of this evolving practice for the interplay between the ECtHR, the Committee of Ministers, the Department for the Execution of Judgments, and national jurisdictions. Follow the link for the ICON-S Conference presentation.

Bingham Centre event on Implementation of ECtHR judgments

Professor Philip Leach spoke at an event entitled ‘Implementation of Judgments of the European Court of Human Rights: Opportunities and Challenges for the Rule of Law’, organised jointly by the Bingham Centre and Leicester Law School in London on 15 May 2017. Professor Leach’s presentation, which provided a practitioner’s view on implementation and centred around the challenges relating to pushback against politically sensitive judgments, is available here, and an event report can be downloaded here.

 AHRI Conference 2017

Dr Alice Donald presented a paper at the 2017 AHRI (Association of Human Rights Institutes) Conference entitled ‘The Promotion and Enforcement of Human Rights by International and Regional Organisations: Achievements, Challenges and Opportunities’, which took place in Leuven (Belgium) on 27-28 April 2017. Her paper discusses early findings from research conducted in Belgium on the implementation of judgments of the European Court of Human Rights concerned with, inter alia, the system of internment of high-risk individuals, conditions of detention, the administrative detention of child asylum seekers, procedural safeguards in the operation of jury systems, and the excessive length of civil and criminal proceedings. It analyses the response to these judgments in respect of the actors involved, their institutional capacity, and their motivations, interests and incentives. The paper also considers the role of variables such as the salience of the judgments and the nature and specificity of the remedies indicated, drawing tentative conclusions from these findings as to the challenges facing the European Convention system and its possible future reform. 

Seminar for Ukrainian parliamentarians on the role of national parliaments in implementing the standards of the ECHR

On 20-21 April 2017, the Parliamentary Project Support Division (PPSD) of the Parliamentary Assembly of the Council of Europe (PACE) organised a Seminar in Strasbourg (France) for members of the Verkhovna Rada of Ukraine on the role of national parliaments in implementing the standards of the European Convention on Human Rights (ECHR). Anne-Katrin Speck presented key findings from research carried out by Dr Alice Donald and Professor Philip Leach on parliamentary structures and procedures which are conducive to ensuring effective oversight of the implementation of judgments of the European Court of Human Rights, and to the preparation of draft legislation and policy measures which are in conformity with ECHR standards. She also engaged in discussion with participants, which culminated in the Ukrainian Parliament setting up a specialised committee with a remit to monitor and promote the implementation of ECtHR judgments.

Conference on Principles Resistance against ECtHR Judgments – a New Paradigm?

Professor Philip Leach spoke at the Conference on ‘Principled Resistance against ECtHR Judgments – a New Paradigm?’, which took place in Konstanz (Germany) in 1-2 June 2017. A summary report of the Conference written by Anne-Katrin Speck was published in the Newsletter #4 of the European Implementation Network (EIN), available here.

European Implementation Network (EIN) launch

Professor Philip Leach participated in the launch event of the European Implementation Network (EIN) in Strasbourg on 2 December 2016. In his role as Vice-Chair of the Network, he chaired a panel discussion with Işil Karakaş, Vice-President of the European Court of Human Rights (ECtHR); Nils Muižnieks, (then) Commissioner for Human Rights of the Council of Europe; Christos Giakoumopoulos, Director of the Human Rights Directorate of the Council of Europe; and Professor Başak Çalı, Chair of the EIN. 

Regional perspectives on human rights regime effects

Dr Alice Donald presented the HRLIP at a Workshop titled ‘Regional Perspectives on Human Rights Regime Effects’ hosted at the University College London Global Governance Institute on 10 June 2016.

Regional human rights litigation

The Americas and Europe teams of the HRLIP participated in a Roundtable on ‘Regional human rights litigation’ hosted at Middlesex University, London, on 28 April 2016. Participants discussed current issues relating to litigation before the courts and commissions in all three regional human rights systems, with the themes covered including interim measures, evidence, violence against women, and redress.

Inter-American Human Rights Network

Dr Clara Sandoval, Paola Limon, Dr Alice Donald and Anne-Katrin Speck participated in/attended the second and third meeting of the Leverhulme Inter-American Human Rights Network, held at University College London on 10 October 2015 and at Ghent University (Belgium) on 29-30 January 2016, respectively (summary reports available here and here).

The International Human Rights Judiciary and National Parliaments

Dr Alice Donald co-organised, together with Matthew Saul of PluriCourts (University of Oslo), a Workshop on ‘The International Human Rights Judiciary and National Parliaments’, held at Middlesex University, London on 13-14 November 2015. Workshop participants comprised human rights scholars and practitioners who discussed how to promote the role and capacity of national parliaments in implementing international and regional human rights standards domestically. A workshop report is available here.

Workshop of Regional and Sub-Regional Courts

Anne-Katrin Speck attended a Workshop of Regional and Sub-Regional Courts at the ECtHR on 20-21 October 2015. A summary of the event is available here.

2. Attendance of team members of conferences / seminars

Human rights and parliaments
In July 2018, Anne-Katrin Speck participated in the 2018 REGGOV Conference in Lausanne, Switzerland. This 7th Biennial Conference of the European Consortium for Political Research Standing Group on Regulatory Governance focused on “Regulation between Effectiveness and Legitimacy”. As part of a panel on "International regulatory ambitions in the field of human rights and sub-national legislative engagement", Anne made a presentation on 'The Role of and Principles for Human Rights and Parliaments (PDF, 524kB).

EIN/OSJI civil society briefing on the implementation of selected ECtHR judgments

Professor Philip Leach regularly attends the quarterly civil society briefing organised jointly by the European Implementation Network (EIN) and the Open Society Justice Initiative (OSJI) in Strasbourg. The purpose of these events is to brief ambassadors representing member states in the Committee of Ministers about the implementation of selected judgments scheduled for review at forthcoming Committee of Ministers’ human rights (CM-DH) meetings. 

Conference on Regional Challenges in Implementation of the European Convention on Human Rights

On 8-9 December 2016, Anne-Katrin Speck attended the Conference ‘Regional Challenges in Implementation of the European Convention on Human Rights’ in Vilnius (Lithuania), which was organised jointly by the Council of Europe, the European Humanities University and the Constitutional Court of the Republic of Lithuania. Among the themes covered were the relationship between implementation and perceived legitimacy of the European Court of Human Rights, and challenges of implementation of the European Convention of Human Rights in situations of transition and recent transition.

Reforms of the individual complaint mechanisms in the UN and ECtHR

Anne-Katrin Speck attended the Concluding MultiRights Conference on ‘Reforms of the individual complaint mechanisms in the UN treaty bodies and the European Court of Human Rights: Symptoms and Prescriptions – Mutual Lessons?’, which was held at the University of Oslo (Norway) on 29 February – 1 March 2016. The Conference sought to provide a forum to explore mutual lessons from the reform processes of the UN treaty bodies and of the ECtHR. A short report of the conference is available on PluriCourts blog.