On 23 January 2008, EHRAC’s Director, Professor Philip Leach, was the respondent speaker at a seminar entitled: ‘The European Court of Human Rights - Ensuring Access to Justice and Effective Redress?’ organised by London Metropolitan University’s Human Rights and Social Justice Research Insitute.
The event was chaired by Professor Bob McKeever of London Metropolitan University. The other speakers were:
Introduction: Tony Fisher, Chairman, International Human Rights Committee, Law Society
Main speaker: Professor Francoise Hampson, Department of Law, University of Essex
Respondent: Professor Philip Leach, Director, EHRAC & Human Rights & Social Justice Research Institute, London Metropolitan University
Professor Hampson presented observations on access to justice at both the domestic and European level. Effective remedies in the domestic courts would reduce the current pressures on the European Court, however problems existed in some countries with the rule of law and both institutional and public awareness of human rights law and remedies. Improved access to the European Court required better knowledge and skills of local lawyers in drafting applications. These problems could be countered by national training projects.
In terms of effective redress, Professor Hampson identified major problems with the consistency of European Court decisions and weaknesses in fact finding. A solution could be the creation of separate chambers for fact finding and just satisfaction. The introduction of Protocol 14 presented further challenges.
Professor Leach raised procedural problems including the lack of availablity of caselaw in local languages, the length of proceedings and the applicant status requirements. A major concern was enforcement, in particular in terms of the failure of the Court to deal with systemic cases where obstructive governments fail to cooperate in relation to disclosure of legal documents, the intimidation of applicants and the implementation of decisions.
A lively panel and audience discussion followed on questions relating to enforcement and lessons from comparable systems such as the Inter-American system.
Prof. Francoise Hampson
The seminar in progress
Right to left: Prof. Francoise Hampson, Adrian Arena (Oak Foundation), Dr. Morris Lipson (formerly of the Sigrid Rausing Trust and the Open Society Foundation) & Tony Fisher
Right to left: Prof. Bob McKeever, Tony Fisher & Prof. Philip Leach
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