THE IRISH Human Rights Commission has called on the Government to quickly ratify a new European protocol that would allow cases to get to the European Court of Human Rights more quickly.
Protocol 14 bis has been adopted by the ministers for foreign affairs of the 47 member states of the Council of Europe, the parent body of the human rights court in Strasbourg.
It opened for signature on May 27th and its provisions will have the force of law in those member states that sign and ratify it, Dr Maurice Manning, president of the Irish Human Rights Commission, explained. He said it would introduce reforms allowing for fast-tracking of certain types of cases to reduce the huge backlog of cases, which was threatening to undermine the ability of the European Court of Human Rights to carry out its functions effectively.
At the moment there are about 103,000 cases pending, causing significant delays, with some cases taking up to seven years for a ruling to be issued by the court.
The new protocol contains two major reforms: cases that are categorically inadmissible can be processed and dismissed by one judge, as well as the current committee of three; admissibility and merits of cases where there is well established case law can be decided by a three-judge committee, instead of the seven required at present.
“The IHRC calls on the Irish Government to ratify Protocol 14 bis with the least possible delay to facilitate these crucial reforms for the European Court of Human Rights,” Dr Manning said.
The IHRC called on the Government to redouble efforts to make the convention a reality in Irish law and practice. Its chief executive, Éamonn Mac Aodha, said: “This important new protocol also provides an opportunity to reconsider direct incorporation of the European Convention on Human Rights into Irish law.”
He said the State should address the two issues where declarations of incompatibility between the convention and Irish law have been handed down by the courts. These issues deal with recognition of transgender rights and addressing the procedures where local authority tenants face summary eviction from their home.
“Addressing these matters quickly would both avoid ongoing legal costs and the real possibility of the issues having to be eventually aired before the European Court of Human Rights,” he said.