General measures

General Measures:
information from cases closed

General measures to prevent further similar violations are sometimes difficult to define and implement. The national authorities must first make a detailed examination of the causes of the violation of the Convention.

In some cases, the circumstances of the case clearly show that the violation is the result of domestic legislation. Sometimes, it is the lack of legislation which has led to the violation. In such cases, it falls to the state concerned to amend the existing legislation or introduce new, appropriate legislation in order to comply with the Courts judgment.

Nevertheless, in many cases, the violation is due not to clear incompatibility between domestic legislation and the Convention but to a problem of judicial practice, i.e. the way in which the national courts usually interpret domestic legislation and the Convention. In such cases it is necessary to change judicial practice along the lines suggested by the Court in order to execute the judgment.

When courts automatically adjust their legal stance and their interpretation of national law to meet the demands of the Convention, as reflected in the Courts judgments, in the individual cases submitted to them, they make these judgments directly enforceable by virtue of their domestic law. This is what now happens in almost all member states and further similar violations can be effectively prevented by simply ensuring that the judgment is published and transmitted to the national authorities, accompanied, where appropriate, by an explanatory circular.

On the 50th anniversary of the Convention, the Committee of Experts for the Improvement of Procedures for the Protection of Human Rights (DH-PR), which was set up by the Committee of Ministers of the Council of Europe, drew up an inventory of general measures ( List of General measures) taken by the Contracting States to implement the decisions taken by the Convention bodies since they were first established. This inventory is regularly updated by the Directorate General of Human Rights.

Lists of General measures adopted to prevent new violations of the European Convention on Human Rights. Stock-taking of measures reported to the Committee of Ministers in its control of the execution of judgments and decisions under the Convention (Application of former Articles 32 and 54 and of Article 46) : H-Exec(2006)1

(The latest up-date of the List of General measures was made in May 2006, after Committee of Ministers 960th Human Rights meeting).

Link to Individual Measures