RE: Asmple11 Sep 2025 04:41
ASI
So, here is the question , is the ECHR fit for purpose for all signatories and meets all of their needs 100%? The answer, it isn’t.
It is inaccurate to say the European Convention on Human Rights (ECHR) is "100% fit for purpose" or that it "meets all the needs" of its 46 signatory states. The ECHR system faces ongoing challenges, including criticisms, calls for reform, and issues with compliance from various member countries.
Challenges and criticisms of the ECHR
Concerns about expansion of rights: Some member states argue the European Court of Human Rights (ECtHR) has engaged in "judicial activism" or "rights creep," overextending the interpretation of certain rights. A notable joint letter from nine European governments in May 2025 expressed concern that the court had gone too far on issues related to migration, asking for a debate on its interpretation of the Convention.
Slow-moving justice: A persistent issue is the backlog of cases and the lengthy delays in delivering judgments. The high volume of complaints, which has increased in recent years, puts a strain on the court's resources and can reduce the effectiveness of rights protection for applicants.
Issues with implementation: While signatory states are legally obligated to implement the court's judgments, inadequate or delayed compliance is a significant problem across Europe, particularly with "repetitive cases" where underlying issues are not resolved. The Committee of Ministers is tasked with supervising the execution of judgments, but some states have resisted or deliberately undermined the authority of the court.
Varying judicial approaches: Despite the push for harmonization, different countries can and do challenge the ECtHR's authority. For example, some constitutional courts have systematically challenged the court's rulings, which can create tension and further complicate implementation.
Political resistance: A number of political figures and movements across Europe have explicitly challenged the ECtHR. Russia, for example, was expelled from the Council of Europe in 2022 after its invasion of Ukraine and subsequently ceased to be a party to the ECHR. The UK has also seen repeated calls for withdrawal from the Convention, primarily centered on migration and national security issues.
Finally, a question for you and all I want is a single word reply, “yes or no” not your usual 1,000 words of deflection stating ‘how in the past in the year dot’
Do you believe it is fit for purpose for all signatories and meets all of their needs 100%? Then we can draw a line under this, my single word answer is no, so over to you now.