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E. Compliance by member States with decisions of the Courts
45. Compliance by Council of Europe States with rulings of the European Court of Human
Rights was reported to be excellent. The Committee of Ministers keeps the case file open until
the judgement of the Court is implemented. However, while compliance with rulings on
individual cases may be high, this does not always translate into institutional and legal reforms
required to ensure that similar cases do not recur.
46. Membership of the Council of Europe is dependent upon the State agreeing to ratify the
Convention for the Protection of Human Rights and Fundamental Freedoms (“the European
Human Rights Convention”). The Convention is also incorporated into the domestic legislation
of all member States, with the consequence that it is directly enforceable in the domestic courts.
In the long-term this should ensure that the rights and freedoms guaranteed by the Convention
are increasingly protected at the national level with less need for recourse to the regional Court.
However, training for domestic judges on the jurisprudence of the Court and the application of
the Convention is essential.
47. Compliance with judgments of the Inter-American Court was noted to be less consistent,
with some States requiring additional encouragement to implement the Court rulings. In some
countries, the national judiciary incorporate the Court jurisprudence while others are more
resistant. An ongoing dialogue is required to bridge this gap.
III. RELATIONSHIP OF THE REGIONAL HUMAN RIGHTS MECHANISMS
WITH THE UNITED NATIONS HUMAN RIGHTS SYSTEM
48. Regional mechanisms frequently refer to the international human rights standards in their
overall analysis of the human rights conditions in their respective regions. In the Inter-American
system, the Commission encourages member States to ratify both the regional human rights
treaties and the United Nations treaties.
49. The reports of the Council of Europe Human Rights Commissioner are used in the
Universal Periodic Review (UPR) process of the Human Rights Council and the Commissioner
intends to assist in the implementation of recommendations made by the UPR Working Group
to the member States of the Council of Europe by following up on the pledges those member
States made during the Review process. The Commissioner considers the decisions of the
United Nations treaty bodies and specialized agencies such as the International Labour
Organization (ILO) and United Nations Educational, Scientific and Cultural Organization
(UNESCO) when preparing legal opinions. FRA has established a network of liaison officers,
which meets several times a year, to facilitate a working relationship with the United Nations
bodies, the Organization for Security and Cooperation in Europe (OSCE), the European
Parliament and other agencies of the European Union and all member States.
50. From the perspective of the United Nations human rights system, the reports and findings
of regional human rights bodies are likely to be consulted when Member States are undergoing
examination by the treaty bodies or when cases have been referred to the 38 special procedures
mandates of the Human Rights Council. The special procedure mandate holders will consider
whether the Member State has been examined by a regional human rights body. Reference to the
jurisprudence and other documentation of a regional human rights mechanism can strengthen the
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