Keynote speech by Rafael Benitez, Director of Social Rights, Health and Environment
Distinguished Representative, dear guests, esteemed colleagues, dear all,
It is an honor to address you today as we reflect on the implications of the recent European Parliament elections and their impact on the future of human rights and the rule of law in Europe.
This post-election period is marked by significant challenges, including the rise of extreme right-wing movements and the ongoing conflict in Ukraine.
These developments compel us to examine our commitment to the fundamental values that underpin our societies and to reaffirm our collective efforts to uphold them.
The Council of Europe: the Pillars of the "European common house" Human Rights, Democracy and the Rule of Law
The Council of Europe was established in 1949, in the aftermath of World War II, to unite European countries in the belief that true democracies upholding the rule of law and ensuring respect for human rights are the best defense against authoritarianism, totalitarianism, and war.
This Organisation was built on the promise of "never again," a promise that has been fundamentally challenged by Russia’s war of aggression against Ukraine.
At the recent Council of Europe Summit in May 2023, European leaders reaffirmed their commitment to these core values, emphasizing the need to combat autocratic tendencies and growing threats to human rights, democracy, and the rule of law .
The Council of Europe remains dedicated to fostering unity among European countries to safeguard and realize the ideals and principles that are our common heritage.
Throughout its history, the Council of Europe has set standards on human rights, democracy, and the rule of law that have been pivotal in ensuring individual freedoms and prosperity. It continues to do so by providing responses to the most pressing challenges which are in line with human rights requirements.
Indeed, central to the Council of Europe’s mission are the European Convention on Human Rights (ECHR) and the European Court of Human Rights . The Convention and the Court serve as the ultimate guarantors of human rights across the continent. Member states are obligated to secure the rights and freedoms defined in the Convention and to abide by the Court's final judgments.
Complementing the European Union: A Strategic Partnership
The Council of Europe and the European Union share a strategic partnership crucial for promoting human rights and the rule of law. This collaboration is exemplified by the EU's participation in Council of Europe treaties and its active involvement in the Council's bodies and committees. The permanent EU mission in Strasbourg underscores the importance of this partnership.
Several coordination mechanisms ensure that the Council of Europe and the EU work synergistically to uphold democracy, human rights and the rule of law.
- Joint Programs and Projects : The Council of Europe and the EU run numerous joint programs and projects designed to promote and protect human rights, democracy, and the rule of law across Europe. These initiatives focus on areas such as judicial reform, anti-corruption measures, and the protection of vulnerable groups. The Partnership for Good Governance program, co-funded by the EU and the Council of Europe, supports reforms in Eastern Partnership countries.
- Periodic High-Level Contacts : Ongoing dialogue at the highest levels is essential for effective coordination. Regular meetings between the leadership of the Council of Europe and the EU ensure alignment on key issues and facilitate swift responses to emerging challenges. These contacts help synchronize efforts and avoid duplication, maximizing the impact of both organizations' work.
- EU Participation in Council of Europe Bodies : The EU participates actively in the work of various Council of Europe bodies and committees, contributing to the development of standards and policies and sharing expertise. The EU's involvement in the Venice Commission, the Group of States against Corruption (GRECO), and other bodies enhances the effectiveness of these entities in promoting the rule of law and human rights.
- Legal Harmonization : The EU is Party to several Council of Europe conventions and is working towards becoming a Party to the ECHR, as mandated by the Lisbon Treaty. This accession will harmonize the legal frameworks of the EU and the Council of Europe, ensuring that EU institutions and member states fully comply with ECHR standards. This step is vital for maintaining legal coherence across Europe and reinforcing the protection of human rights.
- Collaborative Monitoring and Reporting : The Council of Europe contributes to the EU's annual rule of law report by providing findings from its monitoring mechanisms, such as GRECO and the European Commission for the Efficiency of Justice (CEPEJ). This collaboration ensures that the EU's assessments are comprehensive and informed by the Council of Europe's extensive expertise and experience.
- Resource Sharing and Training : The EU and the Council of Europe share resources and best practices through various initiatives. Joint training programs for judges, lawyers, and law enforcement officials help disseminate knowledge and strengthen the application of human rights and rule of law standards across Europe.
The Current Landscape of Human Rights and the Rule of Law in the Europe
To describe the current landscape of human rights and the rule of law in Europe and in particular in the EU which is the focus of our discusson today, we must acknowledge both progress and challenges.
While the EU has made significant strides in protecting fundamental rights, recent political shifts have introduced volatility and uncertainty. The rise of populist and extreme right-wing movements threatens to undermine established norms and values.
These movements often challenge the very foundations of our democratic institutions and the rule of law, a concept that is very much under strain today, perhaps as we have not seen in the last decades.
This brings me to the work of the Council of Europe’s Venice Commission , formally the European Commission for Democracy through Law, The Venice Commission plays a crucial role in the Council of Europe. It is composed of independent experts in constitutional law and assists member states in improving their legal and institutional frameworks to ensure that democratic principles and human rights are respected.
The Venice Commission has identified key components of the rule of law, providing an operational approach rather than a theoretical definition. These core elements include:
- Legality : This principle underpins functional democracies, ensuring state actions are authorized by law. It includes the supremacy of the law and the need for state actions to be in accordance with established legal frameworks.
- Legal Certainty : Laws must be clear, accessible, and foreseeable. This principle ensures that individuals understand legal requirements and the consequences of their actions.
- Prevention of Abuse of Power : Legal systems must have safeguards against arbitrary actions by state officials. Discretionary powers must be regulated by law to prevent misuse.
- Equality Before the Law : This principle ensures non-discrimination and equal treatment of all individuals under the law. Positive measures can be implemented as long as they are proportionate and necessary.
- Access to Justice : An independent and impartial judiciary is crucial for fair trials. Public perception of justice relies on the judiciary's integrity and independence.
The Venice Commission has also developed tools such as the Rule of Law Checklist to assess the level of compliance with these principles in any given state. This comprehensive tool addresses specific challenges like corruption, conflict of interest, and data surveillance. It serves as a valuable resource for state authorities, international organizations, and civil society.
The essential components of the notion of the rule of law described above are intricately connected with human rights as defined by the ECHR and are under strain today.
Pressing Issues
Several pressing issues demand our attention. Equality and non-discrimination remain critical, particularly concerning migrants and marginalized communities. The shrinking space for civil society, coupled with threats to press freedom, exacerbates these challenges. Moreover, the influence of the executive over the judiciary and the non-respect of international law pose significant risks to the rule of law.
One of the most troubling developments is the democratic backsliding observed in some member states. We have witnessed governments undermining judicial independence, restricting media freedoms, and eroding the rights of minorities. These actions not only violate European values but also weaken the democratic fabric of our societies.
The situation in Ukraine further highlights the fragility of peace and security in Europe. Russia's aggression against Ukraine is a blatant violation of international law and an assault on the principles of sovereignty and territorial integrity. This conflict has led to severe human rights abuses and has created a humanitarian crisis that demands our urgent attention and action.
Policy Recommendations for Strengthening Human Rights and the Rule of Law
In light of these challenges, we must prioritize policy recommendations to strengthen human rights and the rule of law in our continent. The Council of Europe's standards and recommendations offer valuable guidance, emphasizing the importance of multilevel stakeholder engagement, including civil society and regional governments.
The following areas require particular attention so that we can ensure genuine democracy and rule of law and ensure thus the full enjoyment of human rights:
- Strengthening Judicial Independence : We must reinforce the independence of the judiciary to ensure that it can operate free from political interference. This includes safeguarding the tenure of judges and ensuring transparent and merit-based appointments.
- Protecting Media Freedom : A free and independent media is essential for a healthy democracy. We must protect journalists from harassment and violence and ensure that media outlets can operate without undue restrictions.
- Promoting Equality and Non-Discrimination : Efforts must be intensified to combat discrimination and promote equality for all, particularly for marginalized communities such as migrants, ethnic minorities, and LGBTQ+ individuals.
- Supporting Civil Society : Civil society organizations play a crucial role in promoting human rights and holding governments accountable. We must create an enabling environment for these organizations to thrive and carry out their work effectively.
- Enhancing Accountability for Human Rights Violations : Mechanisms for accountability must be strengthened to ensure that human rights violations are promptly investigated and perpetrators are brought to justice. This includes supporting the work of international and regional human rights bodies.
- Addressing the Impact of Digital Technologies : The rise of digital technologies has brought new challenges, including the spread of disinformation and hate speech. We must develop robust frameworks to address these issues while respecting freedom of expression. In this connection I should like to highlight that the Council of Europe has recently adopted new convention on Artificial Intelligence which together with our Cybercrime Convention and the Data Protection Convention aim precisely at providing a framework which is human rights compliant.
The Council of Europe is active in all of the above-mentioned areas which are and continue to be a priority. The Organisation builds on existing standards and decades long work and experience. The common legal space that these standards are, allows us to move ahead together in finding ways and means to tackle the new challenges that our current societal changes bring about.
Moving ahead – a shared vision for the future and a shared responsability
The post-European Parliament elections period presents both challenges and opportunities.
The rise of extreme right-wing movements and the conflict in Ukraine highlight the need for unwavering commitment to our core values.
The Council of Europe and the European Union, through their strategic partnership, play a pivotal role in safeguarding human rights, democracy and the rule of law.
While the road ahead may be fraught with difficulties, we must remain steadfast in our commitment to the pillars of our common European house for without human rights there is no democracy and the rule of law cannot be dissociated from human rights.
By working together, we can build a Europe that upholds these values and ensures peace, prosperity, and security for all its citizens.
We can draw strength from our shared history and the enduring principles that have guided us for decades. The challenges we face are not insurmountable; they are opportunities to reaffirm our dedication to a more just and equitable Europe based on the premises of human rights and democracy.
By leveraging the synergies between the Council of Europe and the European Union, we can create a future where human rights are universally respected, the rule of law is robustly upheld, and democracy flourishes in every corner of our continent.
Our collective efforts will pave the way for a Europe that stands as a beacon of hope and progress. Together, we can ensure that the promise of "never again" is not just a historical commitment, but a living reality for all future generations.
Thank you.