ENNHRI issues statement in support of the European Court of Human Rights

ENNHRI issues statement in support of the European Court of Human Rights

Published June 16, 2025

The European Network of National Human Rights Institutions (ENNHRI), of which the Office of the Ombudsman of Malta is an Associate Member, has issued a statement calling on Council of Europe Member States to respect and protect the independence of the European Court of Human Rights (ECtHR). The statement follows an open letter recently signed by nine governments from Council of Europe Member States, which raised concerns about the role of the Court.

ENNHRI’s statement underlines that the European Court of Human Rights remains a cornerstone of peace, democracy, the rule of law, and the protection of human rights across Europe. It sits at the centre of the checks and balances system that all Council of Europe Member States, including Malta, collectively established.

The statement stresses that while governments are responsible for ensuring the security and stability of their societies, this must always be done within the framework of national and international law, including the European Convention on Human Rights (ECHR). The European Court of Human Rights does not prevent governments from taking measures to maintain public safety, including expelling migrants convicted of crimes. However, in line with the rule of law, the Court ensures that such decisions do not breach the rights enshrined in the Convention.

Among the ECHR’s most fundamental protections are non-derogable rights—such as the absolute prohibition of torture, inhumane, or degrading treatment—which cannot be suspended or limited under any circumstances. These rights are recognised as inherent to human dignity and apply to all individuals, irrespective of nationality.

ENNHRI’s statement also reflects on the lessons of history. Seventy-five years ago, in the aftermath of the Second World War, European governments adopted the European Convention on Human Rights and established the Court to protect the fundamental rights of all people in Europe. Today, as the continent faces renewed geopolitical tensions and conflict, ENNHRI urges European governments to show the same determination and leadership that their predecessors demonstrated.

The statement concludes by reaffirming that steadfast commitment to the rule of law, democracy, and human rights requires unwavering respect for independent courts, such as the European Court of Human Rights, which ensure that these principles are upheld and remain meaningful in practice.