Aleksandra Rabrenović, Ljubomir Tintor

EXECUTION OF THE EUROPEAN COURT OF HUMAN RIGHTS JUDGMENTS RELATED TO RIGHTS OF PERSONS WITH DISABILITIES

Introduction

Execution of the european court of human rights judgments related to rights of persons with disabilities. Explore ECtHR judgments on disability rights, their impact on national legal frameworks, and challenges in execution. Proposes strategies for better implementation to combat systemic discrimination in Europe.

Abstract

The European Court of Human Rights plays an important role in safeguarding the rights of persons with disabilities in Europe through a dynamic interpretation of the European Convention on Human Rights in the light of the provisions of the United Nations Convention on the Rights of Persons with Disabilities and its fundamental principles. The objective of the paper is to examine the impact of ECtHR judgments on national legal frameworks regarding rights of persons with disabilities and the ways to improve the ECtHR judgments execution in national contexts. Key findings of the research indicate that despite positive developments, a number of challenges in the execution of ECtHR judgments remain, including varying levels of compliance among Contracting Parties of the ECHR, delays in the implementation process and limitations in addressing systemic discrimination of persons with disabilities, especially persons with mental and intellectual disabilities. In order to improve the effectiveness of the execution of the judgments of the ECtHR, the authors call for creating join forces between the ECtHR and other international actors in charge of monitoring the implementation of disability rights, national authorities, civil society organisations and persons with disabilities to establish synergic action and enable sustainable improvement in the quality of life of persons with disabilities throughout the European continent.

Review

This paper, titled "EXECUTION OF THE EUROPEAN COURT OF HUMAN RIGHTS JUDGMENTS RELATED TO RIGHTS OF PERSONS WITH DISABILITIES," undertakes a critical examination of the European Court of Human Rights' (ECtHR) role in upholding the rights of persons with disabilities in Europe. The abstract effectively highlights the ECtHR's significant function in safeguarding these rights through a dynamic interpretation of the European Convention on Human Rights, specifically in light of the United Nations Convention on the Rights of Persons with Disabilities. The stated objective is clear: to assess the impact of these judgments on national legal frameworks and, crucially, to explore strategies for improving their execution within national contexts. This timely analysis addresses a vital area of human rights law, bridging international obligations with domestic implementation. The research presents several salient findings regarding the effectiveness of ECtHR judgments. While acknowledging positive developments, the abstract reveals a persistent array of challenges in the execution process. Foremost among these are the varying levels of compliance observed across different Contracting Parties to the ECHR, indicating an inconsistent application of the Court's rulings. Further issues include significant delays in the implementation of judgments and, perhaps most critically, limitations in the ability of these judgments to address systemic discrimination, particularly affecting persons with mental and intellectual disabilities. These findings underscore the complex practical hurdles that impede the full realization of disability rights despite the ECtHR's jurisprudential efforts. To overcome these execution challenges and enhance the impact of the ECtHR's work, the authors propose a robust, multi-stakeholder approach. Their call for "synergic action" involves creating joint forces between the ECtHR itself, other international actors responsible for monitoring disability rights, national authorities, civil society organizations, and crucially, persons with disabilities themselves. This collaborative framework aims to establish a more cohesive and effective strategy for judgment implementation, ultimately leading to sustainable improvements in the quality of life for persons with disabilities across Europe. This paper appears to offer a valuable contribution by not only identifying persistent issues but also by advocating for a comprehensive, collaborative pathway forward in this critical area of human rights protection.

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