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The European Convention
on Human Rights in Cyprus
It is a great honour to be here
today and address this very important meeting organized by the Committee on
Legal Affairs and Human Rights of the Parliamentary Assembly of the Council
of Europe. I would like at the outset to congratulate the organizers of this
very topical and important event.
Ι am very pleased to
confirm that the bonds between the Republic of Cyprus and the Council
of Europe are very long, strong and undisputed. They have indeed shaped our
present and will certainly continue to define our future.
I attach a particular
significance to the fact that one of my first appearances as the Minister of
Justice and Public Order concerns the role of the European Convention on
Human Rights, which is a permanent reference point in my work. As a
member of government of one of the member states of the Council of Europe, an
organization which promotes human rights, democracy and the rule of law, I
feel that I have a special responsibility to ensure that the European
Convention of Human Rights remains the lighthouse for all those seeking
protection of their human rights.
Today’s event takes place in
extraordinary circumstances for the values the Council of Europe represents.
Russia’s invasion to Ukraine has caused terrible human suffering to millions
of people. Many thousands were ruthlessly killed, including hundreds of
children and millions of people saw their lives turned upside down. It is
encouraging that the Parliamentary Assembly of the Council of Europe
expressed its support for Ukraine from the beginning. Europe has been united
– in both word and deed – in defending the right of sovereign nations to
determine their own future.
When the Convention was adopted
in the aftermath of second world war, our continent looked very different. If
today’s picture looks much better, it is largely thanks to the Convention and
the human rights protection system that the Council of Europe has established
that has become a source of inspiration for countries, for courts and for
individuals in pursuing justice, equality and dignity.
Nearly 75 years after its adoption,
the European Convention on Human Rights and the European Court of Human
Rights remain the ultimate guarantors of individual rights across our
continent. They demonstrate resolve to halt and reverse the current
democratic backsliding and to reinstate human rights, freedoms and features
of democratic life in the European continent.
It goes without saying that
States Parties to the Convention are legally obliged to execute its final
binding judgments. Delays in implementing the Court's judgments by citing
technical problems or obstacles, such as the lack of political will or
insufficient resources can’t be tolerated.
It is deeply regrettable that a
large number of the Court’s key judgments on human rights violations are
still not implemented in full, or even not at all, due to the lack of
political will. One such case is the 4th Interstate Case Cyprus v. Turkey, in
which Turkey has failed to date to comply with the Court’s judgment.
Unfortunately, Turkey has one of the highest numbers of non-implemented Court
judgments.
The Council of Europe and the
Convention system over which it presides has become nowadays an established,
effective and dynamic means to protect human rights, democracy and the rule
of law in the interests of every European. Progressively the European
Convention has turned into a valuable tool for understanding the European law
and human rights values. Besides, it has been recognized as a part of our
ordinary language and common legal discourse, mostly after the individual
complaint mechanism was set up.
In this respect, the Convention
system does not deal with abstract human rights grievances but with concrete
human rights complaints and aims at providing redress to victims of
violations. After all the ECHR is a person’s last resort for holding the
state to account when it has abused their rights. The adherence to this paramount
principle has earned the Convention recognition as a unique judicial human
rights system. Most importantly it has also secured the continued acceptance
of the Court’s judgments by member States. We must all preserve this
achievement which is vital to the efficiency and credibility of the
Convention system.
The second major achievement is
the Convention’s role in shaping the European legal identity. This success is
contingent on the Court’s ability to find common ground between different
legal systems of our members States and to strike a fine balance between
public and individual concerns. While leaving member States a margin of
appreciation in some areas, the Court adopted the strictest approach when it
comes to protecting the very essence of fundamental rights. The balance
between judicial activism and restraint is a paradigm that goes throughout
the Convention’s history.
During these years,
distinguished Cypriot legal scholars have served the Court. The Convention’s
case-law has proved to be a force of reform for national legislation and
domestic law. A wide range of human rights have been more effectively
safeguarded thanks to the implementation of the Court’s judgments.
Applying the Convention has
also led to several legislative changes in order to comply with
significant judgments of the Court. The Convention has enhanced
national respect of the rights of vulnerable groups, gender rights and the
promotion of inclusive policies.
Furthermore, constant and
interactive dialogue between the European and national authorities has
ensured a greater involvement of national courts in the convention system.
Thus, conventionality control has become a significant part of the actual
judicial review, so as to prevent human rights violations and comply with European
Convention standards. In this respect the Convention and the Court’s
decisions establish our common ground, exceeding the boundaries of the law
and forging our European culture and values.
Ladies and gentlemen,
The European Convention of
Human Rights is a dynamic human rights’ text and a living instrument, which
has been a crucial feature of Strasbourg’s case law from its very start.
Evolutive interpretation is inherent to the Court's role and legitimacy. Such
a dynamic and evolutive interpretation of the Convention has brought a
contemporary reading of the rights protected and of the obligations of member
states on the face of new challenges emerging in society. In this respect, we
all have a particular responsibility to ensure that the European Convention
and the European Court of Human Rights remain the lighthouse for all those
seeking protection on their human rights. Let’s bear in mind that the
Convention on Human Rights and the Council of Europe create a common European
home for human rights and democracy for almost 700 million people.
I intend to contribute to this
crucial endeavor since it is my task to protect and fulfill the human rights
enshrined in the European Convention on Human Rights. Your Parliamentary
Assembly with its very valuable work brings together the perspectives of
people from all over Europe.
Reaching the conclusion of my
intervention, I assure you that the Council of Europe can continue to count
on the Republic of Cyprus support. I wish you every success as you continue
to perform your crucial role as protectors of human rights, the rule of law
and democracy. And I sincerely share your hope that liberty, justice and
cooperation will prevail throughout Europe.
(NG/ECHR)
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