Webinar: From Court to Practice: Implementing ECtHR Rulings on Legal Gender Recognition

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On July 13th, EIN and Transgender Europe (TGEU) collaborated on a webinar titled ‘Webinar: From Court to Practice: Implementing European Court of Human Rights Rulings’. This training event aimed to share knowledge and experiences for those advocating for legal gender recognition, seeking to hold their governments accountable and seeking to be involved in the ECtHR implementation process before the Committee of Ministers’. 

The training began with welcome remarks from Richard Köhler, TGEU Expert Advisor and Senior Policy Officer.

The first session covered the basics of the ECtHR implementation process. Agnes Ciccarone, EIN Program and Finance Manager, and Ioana Iliescu, EIN Law and Advocacy Officer, presented on the topic, explaining how the process works and how NGOs and lawyers can get involved in ECtHR implementation.

The second half of the training event focused on sharing experiences by lawyers & activists on the X v North Macedonia and X and Y v Romania cases.

The webinar ended with a Q&A session, allowing participants to engage with presenters, who provided valuable insights on engaging with the implementation process of ECtHR judgments concerning legal gender recognition.

We thank TGEU for collaborating with EIN on the event and thank everyone who joined.

Workshop: The Impact of Lawyering on Migration and Asylum Policies – Rethinking Our Legal Strategies

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On the 6th and 7th of July, EIN participated in Mediterranean Migration & Asylum Policy Hub’s (MedMa) Workshop on the impact of lawyering on migration and asylum policies – rethinking our legal strategies in Cascais, Portugal.

The workshop provided an opportunity for migration/asylum law practitioners, policy experts and other key stakeholders to discuss and share experiences and knowledge on migration/asylum lawyering, including its challenges and pitfalls. Participants reflected on the choices and strategies of pro-migrant lawyers, whether as litigators, academics or legal advisors to campaigning NGOs, and the impacts of lawyering on state policy and practice, including unintended harmful consequences. The workshop also covered current migration policy debates and discussed the future role of lawyering in driving narrative and policy change around migration and asylum.

This workshop was a response to the shift from the welcoming of refugees towards the espousal of deterrence policies and policies against secondary movements of asylum seekers has been swift, policies that include moving refugees to countries outside the EU and international law.

It is now crucial that stakeholders take stock of the significant work undertaken by lawyers on a national and international level and its impact on shaping migration and asylum policy.

Civil society has followed up on the execution of judgments through communications to the Council of Europe’s Committee of Ministers; however, the pace in the execution of judgements by ECtHR remains slow and evidences the need for synergies on a national level between civil society, national human rights institutions and other stakeholders.

The workshop was comprised of four-panel discussions with various stakeholders, including border securitization, externalization of refugees, the regularisation-legal pathways, and implementation & advocacy.

We thank MedMa for inviting EIN to speak on the implementation and advocacy of immigrants and refugees and thank everyone who joined. We hope to see your submissions and engagement in the implementation process of ECtHR judgments in the future.

EIN Workshop: Implementation of ECtHR Judgments concerning Psychiatry, Mental Health and Disability Rights in Romania

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Last week, EIN held a workshop on the implementation of European Court of Human Rights judgments concerning psychiatry, mental health and disability rights in Romania, which took place on Monday, 27th March 2023.

This workshop focused on the implementation of ECtHR judgments concerning disability and mental health in Romania, specifically for Romanian civil society representatives. Civil society activists, lawyers, self-representatives, psychologists, and parents of children and adults with disabilities joined us for this workshop. 

We provided participants with an overview of the ECtHR implementation process focusing on the scope of implementation of key judgments and on evidencing issues. We discussed the following cases, which are all on the Committee of Minister’s Human Rights Meeting June 2023 agenda:

  • Centre for Legal Resources on behalf of Valentin Campeanu v. România, concerning the authorities’ failure to protect the right to life of Mr Câmpeanu, a young man with a severe intellectual disability.

  • N v. Romania (no. 2), concerning deficiencies in the current system of legal protection for vulnerable adults

  • Parascineti v. Romania, concerning the ill-treatment during involuntary placement in the psychiatric unit of a psychiatric Hospital, due to overcrowding, poor sanitary and hygiene conditions, including the absence of an individual bed, and the impossibility to spend time outdoors due to staff shortages.

  • Cristian Teodorescu v. Romania, concerning unlawful placements in psychiatric hospitals without compliance with the procedure prescribed by the Mental Health Act and without any justification relating to the applicant’s mental health condition.

  • N. v Romania, concerning the unlawful psychiatric confinement as a security measure and deficiencies in the judicial review proceedings regarding the applicant’s continued confinement.

  • R.D. and I.M.D. v. Romania, concerning the non-voluntary confinement of the applicants in a psychiatric hospital, for the purpose of compelling them to undergo medical treatment and about the obligation to undergo that medical treatment.

The workshop concluded with an open discussion with participants about developments at the national level and implementation challenges in these cases.

We thank everyone who joined the workshop, and we hope to see your submissions and engagement with the implementation of ECtHR judgments in the future.

Training Seminar - Strengthening the implementation of Strasbourg court judgments through Rule 9 submissions: What role for NGOs?

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This week we hosted a training seminar titled Strengthening the implementation of Strasbourg court judgments through rule 9 submissions: What role for NGOs? This online training took place with the University of Padova in Italy on the 22nd of March 2023.

In the first session, Agnès Ciccarone, EIN Programme Manager, provided welcoming remarks, introduced the session and invited participants to introduce themselves. Following the introduction, George Stafford, EIN Director discussed why NGOs and civil society should advocate for the implementation of judgments.

Next, Ioana Iliescu, EIN Law and Advocacy Officer, held a presentation regarding the key elements of the implementation process of judgments of the European Court of Human Rights, and the Committee of Ministers’ execution process. Each session was followed by a Q&A session.

The second session focused on drafting Rule 9 Submissions. Agnès Ciccarone, EIN Programme Manager, provided participants with advice for making Rule 9 submissions.

The final training session of the day concluded with an exercise giving participants the opportunity to discuss how they would engage with the implementation of the ECtHR judgments focusing on the following cases:

  • Nedim Şener Group of Cases v. Turkey, which concerns pre-trial detention of individuals, mainly journalists, on serious charges, such as aiding and abetting a criminal organisation or attempting to overthrow the constitutional order;

  • G.L. v Italy, which concerns the inability for an autistic child to receive specialised learning support to which she was entitled by law, in first two years of primary school.

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

EIN and GYLA February Training - Implementing Judgments of the ECtHR in Georgia

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On the 14th of February 2023, EIN and the Georgian Young Lawyers’ Association (GYLA) held training in Tbilisi on the implementation of the European Court of Human Rights (ECtHR) judgments in Georgia.

Judgments of the ECtHR have great potential to protect fundamental rights. Governments must provide justice for victims and ensure that repetitive structural and systemic issues do not continue by fully and effectively implementing the ECtHRs rulings. At the same time, NGOs have a vital role in the implementation process as they can contribute to ECtHR implementation by pressuring the national authorities to carry out necessary individual and general measures.

As of January 2022, out of Georgia's leading cases from the last ten years, 61% are still pending implementation. These cases, on average, remain pending for almost four years.

This training aimed to enhance the capacity of civil society in Georgia to engage with the process of implementation of judgments of the ECtHR.

The training event was introduced by Julie Nielen, Second Secretary at the Embassy of the Netherlands to Georgia. George Stafford, EIN Director, and Tamar Oniani, GYLA Head of the International Litigation Team, welcomed participants and provided opening comments.

After participants introduced themselves, George Stafford discussed the challenge of ECtHR non-implementation and why advocating for the implementation of ECtHR judgments can be a key to making progress in human rights protection in Georgia.

Next, Ioana Iliescu, EIN Law and Advocacy Officer, held a presentation about domestic advocacy for ECtHR implementation, setting out examples of good practices which have led to positive developments.

The following presentation was given by Ketevan Tskhomelidze, Legal officer at Department for the Execution of Judgments of the European Court of Human Rights. Ms. Tskhomelidze joined the group online and discussed the basics of the supervision system.

The final presentation was given by Agnes Ciccarone, EIN Programme Manager, provided participants with tips on drafting Rule 9 submissions.

In the afternoon session, EIN held individual meetings with NGOs representatives discussing selected cases pending implementation.

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

EIN & GYLA February 2023 Training on Implementing Judgments of the ECtHR in Georgia

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On the 14th of February 2023, EIN and the Georgian Young Lawyers’ Association (GYLA) will be holding a training on the Implementation of ECtHR judgments in Georgia. The training will take place in-person, in Tbilisi.

Judgments of the European Court of Human Rights (ECtHR) have great potential to protect fundamental rights. Governments have an obligation to provide justice for victims, but also to ensure that repetitive structural and systemic issues do not continue happening by fully and effectively implementing the rulings.

As of January 2022, 61% of Georgia's leading cases from the last ten years are still pending implementation. The average time leading cases have been pending for is almost four years. 

NGOs have a vital role in the implementation process as they can pressure the national authorities to take measures and they can contribute to the improvement of ECtHR implementation.

This training aims to enhance the capacity of civil society in Georgia to engage with the process of implementation of judgments of the ECtHR. The training will be structured in two sessions.

The first session aims to provide civil society organizations with an overview of the implementation process in Strasbourg and the mandate of the Committee of Ministers of the Council of Europe. In addition, it will provide insights into how civil society organizations can become more engaged with the ECtHR implementation process at the national level.

The second session will offer a platform to NGO representatives for individual meetings with EIN staff members: appointments will be proposed to NGO representatives willing to get first-hand advice for cases of interest to them.

Venue - Rooms Hotel, Tbilisi, Georgia

Working languages - The training will be held in English. Interpretation in Georgian will be available. 

Registration deadline 5th February - https://forms.gle/AiJcR85HSPFvkXsw6

Participation is free of charge.

Participants will be invited for lunch.

The number of participants is limited to 25 persons.

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.