Prishtinë, 12 September 2023 – The European Network of National Human Rights Institutions (ENNHRI), to which the Ombudsperson Institution is a member, has published the Report on the rule of law in Europe for 2022, to which 51 countries of the region of Council of Europe has contributed, including Kosovo.

Every year, National Human Rights Institutions (NHRI), members of ENNHRI report on the state of the rule of law and human rights in their jurisdiction, which are aggregated to identify regional trends and recommendations.

Findings deriving from the Report articulate the ongoing challenges which affect the European rule of law and the environment of human rights, by highlighting state authorities’ lack of consistency to meet NHRIs specific recommendations with regard to rule of law.

The Report also emphasizes the need to implement the recommendations of international organizations such as the European Union, the Council of Europe and the United Nations.

National Human Rights Institutions reported that there are numerous issues which negatively impact the space that enables these institutions across Europe to carry out their mandates effectively and independently, including: challenges in properly consulting NHRIs by national authorities in the relevant legislative and political processes.

Additionally, unnecessary restrictions on access to information as well as the lack of adequate resources to effectively carry out NHRIs mandates has been reported. Also, the lack of transparent and objective criteria for the appointment and dismissal of Heads of Institutions, as well as, in some cases, the annoyance and obstruction of NHRIs work, is emphasized.

The Report for 2022 also articulates the deterioration of the conditions in which human rights defenders and civil society organizations (CSOs) operate. In a number of European countries, CSOs and human rights defenders continue to be the subject of attacks and harassment, including Strategic Litigation Against Public Participation (SLAPPs), particularly targeting those working on sexual and reproductive rights, the rights of the LGBTI+ community, the rights of immigrants as well as asylum seekers and environmental activists.

A number of ENNHRI members have raised particular concerns regarding laws that limit civic space and CSO activities, namely those that affect freedom of association and assembly. The Report also highlights the unsatisfactory level of effective and timely implementation of the decisions of the European Courts, identified throughout Europe. These decisions are influenced by financial, political, legal, structural and organizational barriers.

In relation to these issues, the Report has produced a number of key recommendations for the regional and European actors as well as national authorities. They include to:

• Take steps to advance the implementation by state authorities of the regional actors’ recommendations on the rule of law, timely and in cooperation with NHRIs;
• Firmly support the establishment and enabling space for independent and effective NHRIs in full compliance with UN Paris Principles;
• Support, protect and empower human rights defenders and civil society space which is fundamental for rule of law;
• Prioritize and take firm steps to support the implementation of European Courts’ judgments, in consultation with NHRIs and civil society;
• Ensure a human rights based approach to the use of Artificial Intelligence (AI) and pay particular attention to its impact on the rule of law, democracy and human rights, in cooperation with NHRIs;
• Address other persisting challenges for the rule of law, including structural human rights issues, while acknowledging that the rule of law and human rights are mutually reinforcing.

Read the full Report in the following link: https://bit.ly/3LjvZsq

Read the Report for Kosovo here: https://bit.ly/3PzxCVv