The Council of Europe’s new factsheet highlights reforms by member states after the European Court of Human Rights identified violations of Article 18, which protects against the misuse of state power. Despite few violations being found, significant progress has been made in judicial independence and individual reparations, particularly in Azerbaijan, Moldova, and Ukraine.
The Council of Europe has unveiled a new factsheet detailing the reforms member states have implemented in response to the European Court of Human Rights’ findings of Article 18 violations. Article 18 safeguards against the arbitrary use of state power, ensuring restrictions on rights are applied solely for legitimate reasons. Despite the rarity of Article 18 violations—only 27 out of over 26,000 judgments—both the Court and the Council take these violations seriously, with the Committee of Ministers initiating proceedings against states only in such cases. Positive transformations have arisen in several countries, particularly Azerbaijan, Moldova, and Ukraine, resulting in judicial reforms and restitution for affected individuals.
The European Convention on Human Rights, a cornerstone of European democracy, establishes fundamental rights and freedoms for individuals. Article 18 specifically addresses the need for these rights to be protected from misuse by the state, a crucial deterrent against authoritarianism. The infrequency with which this article is invoked highlights both the unique nature of state power misuse and the challenges in proving such allegations. The Council of Europe continuously monitors and encourages member states to implement the Court’s judgments to uphold the rule of law and human dignity.
In summary, the Council of Europe’s recent factsheet sheds light on the transformative power of the European Court of Human Rights, particularly regarding Article 18. It illustrates that even limited violations can catalyze significant reform, promoting justice and safeguarding fundamental rights across member states. Through ongoing efforts and commitment from national authorities, the principles enshrined in the Convention continue to evolve, reinforcing democracy and protecting individuals against the misuse of power.
Original Source: www.coe.int
