Training Event: Implementing ECtHR Judgments Concerning Disability Rights and Mental Health in Romania

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On the 16th – 17th of January 2023, EIN held a two-day training session for NGOs, civil society activists, and self-representatives on implementation and Disability Rights and Mental Health in Romania.

This in-person training aimed to equip participants with the knowledge and tools they need to use the Committee of Ministers’ judgment execution process and to empower them to advocate for the full and effective implementation of the European Court of Human Rights (ECtHR) judgments in their field of work. 

There are currently 13 leading ECtHR judgments pending implementation in Romania which concern the rights of persons with intellectual and psycho-social disabilities and mental health: Centre for Legal Resources on behalf of Valentin Campeanu v. Romania, E.B. v. Romania, Cinta v. Romania, N. v. Romania, N v. Romania (no. 2), Parascineti v. Romania, Cristian Teodorescu v. Romania, R.D. and I.M.D. v. Romania, Ţicu v. Romania, Solcan v. Romania, Stepanian v. Romania, B. v. Romania (no. 2), Epure v. Romania.

EIN is aware that the disability rights movement in Romania faces persistent challenges, given the disconnect between the standards set out by the UN Convention on the Rights of Persons with Disabilities and the legal and practical realities on the ground. As the European Convention of Human Rights is a living instrument, the jurisprudence of the Committee of Ministers is also subject to evolution – an evolution which can be influenced by civil society organizations’ involvement in the process. The decisions of the Committee of Ministers can, in turn, function as effective advocacy tools at national level.

Georgiana Pascu, Program Manager at the Center for Legal Resources (CLR), introduced CLR’s activities which focus on accessible justice for persons with disabilities and its’ aim to enhance the implementation of ECtHR judgments concerning the rights of persons with intellectual and psycho-social disabilities and mental health in Romania.

The training was held by Ioana Iliescu, Law and Advocacy Officer at the European Implementation Network. In the first session, participants were provided with insights into why advocating for ECtHR implementation is necessary, but also how it can facilitate human rights progress on the ground. Further, Ms. Iliescu explained the basics of the ECtHR implementation process, with a focus on the key elements involved. 

The second session addressed how participants can get involved in the implementation process before the Committee of Ministers, providing participants with advice on making effective Rule 9 submissions to the Committee of Ministers, and presenting possibilities for expanding their “arsenal” of advocacy tools.

The third session of the training focused on the leading judgments concerning disability rights in Romania which are pending implementation, as well as their status of implementation, and on examples of good practices from other Rule 9 submissions made in ECtHR judgments concerning disability rights in other states.

The final training session concluded with an exercise giving participants the opportunity to discuss how they would engage with the implementation of the ECtHR judgments Parascineti v. Romania, which concerns living conditions and care afforded to patients in psychiatric hospital facilities, and Cristian Teodorescu v. Romania, which concerns legislative deficiencies as regards the procedure and safeguards for involuntary placement in psychiatric hospital facilities.

We thank everyone who joined the two-day training event, and we hope to see your submissions and engagement with the implementation of ECtHR judgments in the future. 

EIN Seminar: How can NGOs and NHRIs participate effectively in the execution process of the ECtHR Judgments?

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On November 30, 2022, EIN organised a Seminar in French on “How can NGOs and NHRIs participate effectively in the execution process of the European Court of Human Rights Judgments?” 

Since 2006, the rules of procedure of the Council of Europe's Committee of Ministers, the body which supervises the execution of the judgments of the European Court of Human Rights (ECtHR), gave the possibility to NGOs/NHRIs and other professional organizations to submit written communications to support the execution of the judgments of the Court.

The seminar brought together French-speaking representatives of NGOs, NHRIs and lawyers in the human rights sector who are interested in participating in the execution of the ECtHR judgments.

This seminar highlighted the vital role they can play in the implementation process. These organisations have immense knowledge of human rights issues in their respective country and can relay this information to the Committee of Ministers through the Rule 9 Submission mechanism.

The seminar began with a general discussion on the day's objectives by Agnès Ciccarone, EIN, Project Manager, and participants shared their motivation to be involved in the execution of ECtHR judgments and how they can do so.

Prune Missoffe, Head of Analysis and Advocacy, and Nicolas Ferran, Head of Litigation, Observatoire International Des Prisons, shared their experience in participating in the execution process of the JMB v France judgment. 

The final discussion of the seminar focused on how NGOs could increase the impact with the Committee of Ministers of the Council of Europe, which allowed participants to gain more insight into their role in the implementation process and discuss the best way to promote the implementation of ECtHR judgments.

We thank Observatoire International Des Prisons for sharing their experiences with the execution process and La Cimade for providing the location for the seminar. We would alo like to thank lawyer Flor Tercero and her NGO, ADDE, for her support in making this event possible.

Relevant Resources:

Training Event: Implementing Judgments of the European Court of Human Rights in Turkey

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On November 3rd and 4th, EIN and Netherlands Helsinki Committee co-hosted an online training event focused on Implementing Judgments of the European Court of Human Rights (ECtHR) in Turkey. This two-day training aimed to equip NGOs and lawyers with knowledge of the execution process, in order to advocate for the full and effective implementation of ECtHR judgments.

The first day of the training event aimed to provide civil society organizations with an overview of NGO engagement in the ECtHR implementation process. Prof. Dr Basak Cali, EIN Chair, Professor of International law, and Director of the Centre for Fundamental Rights, Hertie School, started the event with an introduction, followed by a discussion with participants about their experiences and training expectations.

Next, the training focused on how NGOs can get involved in the ECtHR implementation process, presented by Ioana Iliescu, EIN Law and Advocacy Office and Agnes Ciccarone, EIN Programme and Finance Manager. The second presentation addressed best practices for NGO submissions, presented by Isik Batmaz, Head of the Section Department for the Execution of Judgments at the Council of Europe.

The second session, on the 4th of November, addressed (the lack of) ECtHR implementation in Turkey in the context of opportunities and challenges experienced by NGOs working on the subject in Turkey. It was introduced and moderated by Ramute Remezaite, Implementation Lead at the European Human Rights Advocacy Centre and EIN Board Member.

Ozlem Zingil, Lawyer at the Truth Justice Memory Center (Hafiza Merkezi) and Mümtaz Murat Kök, Projects and Communications Coordinator at the Media Law Studies Association (Medya ve Hukuk Çalışmaları) discussed their experiences with working on ECtHR implementation and lessons learned.

The final part focused on selected cases, with parallel breakout rooms to enable participants to discuss how to approach cases of particular interest. Participants gained new insights on how to draft submissions and strategies to have maximum impact on the execution process of a judgment and, ultimately, to contribute to better protection of human rights in the EU. Participants then presented their findings with the rest of the group on how they would engage in the implementation process in particular cases.

We thank everyone who participated in this event and the Netherlands Helsinki Committee, who co-organised the training.

EIN Training for Turkish Lawyers

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Last week EIN held an in-person training session on effective advocacy for the implementation of judgments of the European Court of Human Rights, for the Media and Law Studies Association, as well as senior lawyers from various Bar Associations in Turkey. This training was held at the European Youth Centre Strasbourg on 25 March.

The training allowed participants to learn more about the work of EIN, gain a deeper understanding of the implementation process, and understand how best to engage in it.

We thank MLSA and Freedom House for co-organising this training and all the participants for attending. We look forward to reading your submissions in the future. 

More Info on MLSA and their trip to Strasbourg here.

Resources:

EIN Publications: https://www.einnetwork.org/ein-publications 

EIN Handbooks: https://www.einnetwork.org/ein-handbooks 

Join EIN: https://www.einnetwork.org/partners

Be sure to email us for more information on our training: contact@einnetwork.org.

Photo Credit: EIN

February 2022 Training: NGOs and NHRIs on their role in supporting ECtHR implementation

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Last week, EIN hosted a training seminar in Strasbourg on raising awareness and educating NGOs, NHRIs, and professional organisations on their role in supporting the implementation of ECHR judgments.

The training started with a presentation of the objectives of the seminar and a round table discussion between participants led by George Stafford, EIN Director.

Next, the focus shifted to NGOs and NHRIs and how they can participate in the supervisory process concerning the execution of ECtHR judgments, which contributes to protecting the rule of law in the EU. Geanina Munteanu, lawyer at the Department for the Execution of Judgments, Council of Europe, provided participants with useful insights into the supervision process of ECtHR judgments, a participatory process in which NGOs and NHRIs have their place.

The following session enabled participants to listen to testimonies by other NGOs on their respective involvement in the execution of ECtHR judgments.  Dr. Nóra Novoszádek, Senior Legal Officer, Hungarian Helsinki Committee, Hugues de Suremain, Litigation Coordinator, European Prison Litigation Network, and Dr. Krassimir Kanev, Director, Bulgarian Helsinki Committee, shared their experience with their colleagues.

After lunch, attendees were divided into break out groups to discuss how to approach the process of the execution of ECHR judgments in practice. This activity was composed of real cases currently pending implementation and how participants would/could best engage with the Committee of Ministers of the Council of Europe. Participants gained new insights on how to proper draft submissions and strategies to have maximum impact on the execution process of a judgment and, ultimately, to contribute to better protection of human rights in the EU.

The training concluded with a presentation by Agnès Ciccarone, Programme Manager, on mistakes NGOs should avoid when drafting their submissions.

Thank everyone who participated in the training, especially those who presented and accepted to moderate breakout sessions , and we look forward to reading your future submissions.

Photo Credit: EIN

EIN would also like to thank the city of Strasbourg for co-funding this event.