BackNational Human Rights Institutions (NHRIs) are key players in the promotion and protection of human rights, democracy and the rule of law, as state-mandated bodies acting independently of government with a broad human rights mandate. This report of the European Network of National Human Rights Institutions (ENNHRI) brings together reporting from NHRIs in Europe on the rule of law situation in their country, collected in February and March 2021. It identifies key trends across the region and details the specific situation in each country, including in the context of governments' responses to the COVID-19 pandemic.
The added value of NHRIs' individual and, through their European Network ENNHRI, collective engagement in efforts to promote and protect rule of law, human rights and democracy in Europe has been the object of increasing recognition by regional actors over the past year. Building on their increased recognition, ENNHRI and its member NHRIs have further deepened their strategic engagement in European mechanisms and processes aimed at monitoring, promoting and protecting the rule of law, human rights and democracy. At the core of such engagement lies a united approach meant to enhance coherence and consistency while allowing to reflect the differences in NHRIs, national environments and regional processes relevant to each country across ENNHRI's membership.
NHRIs' joint rule of law reporting is one key aspect of such strategic engagement. Information on the extent to which NHRIs are able to independently and effectively fulfil their mandate is internationally recognized as an important rule of law indicator. Furthermore, reporting by NHRIs on the human rights situation on the ground – one of the core elements of their legal mandate – contributes to reflect a more accurate picture of the rule of law environment of each state, with a view to improving the rule of law situation across Europe. In turn, NHRIs find that joint reporting has a positive impact on NHRIs' own work, from contributing to a strengthened focus on rule of law issues, to facilitating targeted initiatives, raising awareness and visibility of NHRIs' work, fostering mutual learning and the exchange of information and strengthening solidarity among NHRIs – each of which can have a positive impact on rule of law.
Building on a first successful joint rule of law reporting experience last year, European NHRIs have again joined forces to reflect each institution's perspectives on the state of the rule of law in their country, based on their human rights monitoring and reporting functions and having regard to their mandate and their national strategic priorities. The result is a comprehensive 2021 regional rule of law report bringing together all the country reports prepared by ENNHRI's members in 42 countries across Europe, as well as information on NHRIs' establishment and accreditation in 8 additional European countries.
Key findings
The trends which emerge from these reports point to a number of challenges related to the rule of law environment across Europe. Key findings include the following:
- Persisting issues continue to affect the effectiveness of NHRIs in many states across the region, including limited mandates, lack of sufficient resources, poor implementation of NHRIs' recommendation by state authorities, flawed consultation practices and, for some, worrying threats to independence. While steps were taken in a number of countries towards strengthening the mandates of NHRIs, in some states regressive regulatory amendments were adopted, and in those countries where an accredited NHRI does not exist yet, no significant steps were taken towards establishment and accreditation;
- Human rights defenders (HRDs) and civil society organisations (CSOs) are facing severe challenges in many states across the region, due to laws and practices restricting CSOs' enabling space and operations, limited funding, gaps in access to and participation in decision-making, measures negatively impacting the exercise of freedom of expression and peaceful assembly, as well as threats and attacks, in particular targeting CSOs and HRDs working with minority groups such as migrants or LGBTI+ persons. Against this background, many NHRIs are investing to further support and protect HRDs and CSOs;
- Weakened democratic checks and balances, especially reported in connection to the emergency situation created by the COVID-19 pandemic, are regarded as a potential threat to the rule of law framework and on human rights protection – especially in those countries where more generalised deficiencies exist as regards key safeguards such as judicial oversight, access to information and transparency of law and policy making. Commonly reported challenges include the widespread use of accelerated legislative procedures, lack of impact assessment and consultations and reduced parliamentary oversight. In this respect, several examples demonstrate how NHRIs exercise their role as part of the national systems of checks and balances, although a number of them experience difficulties such as lack of cooperation and consultations, limited direct access to information held by state authorities and insufficient resources;
- Concerns persist over the functioning of justice systems in many states across Europe, including insufficient resources, deficiencies in the enforcement of judgments, excessive length of proceedings and challenges affecting the right to access to a court and to a fair trial. While issues relate to a persisting systemic inefficiency of the justice system in a number of countries, in particular in the enlargement and Eastern Partnership regions, NHRIs in some EU Member States also express concerns, in particular over the independence of the judiciary. In this context, NHRIs continue to contribute to promote fair and effective justice, including by advising on reforms, dealing with complaints on the administration of justice and improving access to justice for vulnerable groups;
- In a worrying number of states across the region, journalists are reportedly subject to threats, intimidation, harassment including through abusive lawsuits and hate speech, as well as, in some cases, arbitrary arrests and prosecutions and obstacles to reporting on the part of government authorities. In various states across Europe, the media sector reportedly suffers from concentration, political and economic pressure, while hate speech in the public discourse remains a concern. A number of NHRIs report being particularly active in this area, through monitoring and advising on reforms, litigation and public education initiatives to protect freedom of expression and foster media pluralism;
- Limited progress is reported in the fight against corruption, which remains at concerning levels in a number of states, also in connection with the reduced transparency and accountability determined by the pandemic context. Against this background, a number of NHRIs have been engaging in reforms of the anti-corruption framework and are actively contributing to the implementation of rules on whistle-blowers protection;
- Widespread human rights violations affect the national rule of law environment in some countries, including systemic violations of human rights of migrants and ineffective responses to hate speech and crime routinely targeting racialised groups and LGBTI+ people.
The country reports also reflect NHRIs' views on the impacts of the COVID-19 outbreak and of the measures taken to address the pandemic on human rights and rule of law. Among the concerns most frequently raised, NHRIs point to the impact of emergency regimes on checks and balances and on the democratic process, the specific challenges affecting the functioning of justice systems, the severe implications for people in a situation of vulnerability (among others, persons with disabilities, the elderly, Roma, migrants and homeless people) and the impact of the crisis on women and children, including in terms of rising levels of domestic violence. Concerns over long term impacts are also expressed as regards access to education, shrinking civil society space, and reduced transparency and information. The crucial role of NHRIs in monitoring, assessing and addressing these challenges is exemplified in many concrete initiatives, which NHRIs carried out despite the difficult working conditions experienced during the pandemic.
For more information, visit ENNHRI's website, download the full report below, or click here to watch a video in which ENNHRI Secretary-General Debbie Kohner explains the significance of the report's findings and recommendations.
Source: European Network of National Human Rights Institutions
