The Irish Human Rights Commission (IHRC) today warmly welcomed the opening for signature of Protocol No. 14bis to the European Convention on Human Rights which is aimed at reducing delays and enabling the European Court of Human Rights to clear its backlog and ultimately to hear cases more quickly.
Protocol 14bis was recently adopted by the Ministers of Foreign Affairs of the 47 Council of Europe Member States. It opened for signature on 27 May and its provisions will have the force of law in those Member States that sign and ratify it.
Dr Maurice Manning, President of the IHRC said "The efficiency which will be created by this Protocol will have very positive implications for Ireland by ensuring that justice will be dispensed more quickly for people who bring cases alleging violations of their rights under the European Convention on Human Rights. The aim of Protocol 14bis is to put in place a procedure to fast track certain types of cases before the European Court to alleviate the huge backlog that is currently threatening to undermine this court’s ability to effectively carry-out its functions."
A significant backlog of approximately 103,000 cases pending is causing significant delays with some cases taking 7 years for a ruling to be issued by the Court.
Dr Manning continued "The IHRC calls on the Irish Government to ratify Protocol 14bis with the least possible delay to facilitate these crucial reforms for the European Court of Human Rights.
The new procedure is likely to reduce delays and increase the number cases heard by the Court by up to 25%, which is very welcome."
The European Convention on Human Rights guarantees 800 million citizens of the Council of Europe Member States a right to petition the Court alleging that their Governments have violated the Convention.
Protocol 14bis contains two main measures to alleviate the current backlog of cases before the Court and is intended as an interim measure pending full ratification of Protocol 14 by all Member States. The new mechanism will allow cases that are categorically inadmissible to be processed and dismissed by one judge in addition to the current 3 judge committee. Secondly, both the admissibility and merits of cases where there is well established case law can be decided by a 3 judge committee, as compared with the current 7 judge committee.
In parallel with reforms at the European Court level, the IHRC calls on the Government to redouble its efforts to make the Convention a reality in Irish law and practice.
In 2003, the State indirectly incorporated the Convention into Irish law when it enacted the European Convention on Human Rights Act 2003. In 2002, the IHRC in one of the first pieces of legislation on which it provided observations to Government following its establishment, recommended that the first option for incorporation of the Convention was by Constitutional amendment. It recommended that if direct incorporation was not pursued, the Oireachtas should revisit the question of a Constitutional referendum 5 years after the enactment of the then Bill.
Mr Éamonn Mac Aodha, Chief Executive of the IHRC said "This important new protocol also provides an opportunity to reconsider direct incorporation of the European Convention on Human Rights into Irish law. At a minimum, the State should proactively address the two issues where declarations of incompatibility have been handed down by the Courts, as suggested in two formal IHRC recommendations to Government. These issues deal with recognition of transgender rights and addressing the procedures involved where local authority tenants face summary eviction from their home. Addressing these matters quickly would both avoid ongoing legal costs and the real possibility of the issues having to be eventually aired before the European Court of Human Rights".
For further information please contact:
Kirsten Roberts
IHRC
Tel: 01 8589601
Notes to Editor
For further information on Protocol 14bis see http://www.conventions.coe.int/Treaty/EN/Reports/Html/204.htm