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States bear ‘primary responsibility’ for ensuring human rights standards are applied effectively

Strasbourg, 13.11.2012 – States Parties bear the “primary responsibility” for ensuring the European Convention on Human rights is applied effectively at national level – alongside the Strasbourg Court and Committee of Ministers – according to PACE’s Legal Affairs Committee.

Approving a report by Serhii Kivalov (Ukraine, EDG) during a meeting yesterday in Paris, the committee deplored the fact that the Court was “still overloaded with a large number of repetitive cases revealing widespread dysfunctions in national legal orders”.

It listed nine states which continue to have “major structural problems” – adding that countries with a high proportion of complaints in relation to their population should also face scrutiny.

The committee called on these countries to create strategies and action plans to deal with their structural problems, and amend their laws in line with the Court’s case-law. States should also consider establishing a national body responsible solely for the execution of the Court’s judgments.

The parliamentarians also called on Council of Europe governments to “increase pressure and take firmer measures” in cases of dilatory and continuous non-compliance with the Court’s judgments.