EIN training

Civil society participation on effective implementation of the European Court of Human Rights judgments in the asylum and migrants rights field. EIN training seminar

Judgments of the European Court of Human Rights (“ECtHR”) have increasingly become an essential tool to advance on the protection of migrants and asylum seekers rights within the Council of Europe territory.

ECtHR judgments finding a violation of the European Convention on Human Rights by a Member State trigger a double obligation from the latest: (i) an effective remedy for the affected individual; and (ii) implementation of the necessary measures preventing new violations similar to that or those found or putting an end to continuing violations.

The Council of Europe will have the last word on deciding whether the measures proposed by the State are satisfactory to “close the case”. If the Council of Europe is not convinced, it has the mandate to pressure (even through fines) to obtain effective and sufficient remedies fro the respondent State.  

The so-called “Rule 9 submission” is the door opened by the Council of Europe to civil society to participate in this Council of Europe supervision process, giving them room to provide any information on what is actually happening in the affected territory as well as on the effectiveness of the proposals made by the relevant State to guarantee that no further similar human rights violations will happen.

If conveniently used, Rule 9 submissions are an extremely powerful tool for human rights advocacy.

Gentium had the privilege to be invited by the European Implementation Network (“EIN”) to participate in a training seminar organized in Estrasbourg during which highly valuable theoretical aspects and practicalities of Rule 9 submissions where shared by excellent speakers, representatives of the Council of Europe and NGOs with relevant experience in the field.

Thanks to EIN and the people involved in the seminar, Gentium is now more prepared to defend the rights of asylum seekers and migrants.