New Human Rights Protocol Enters into Force after French Ratification

France ratified Protocol No.16 to the European Convention on Human Rights, bringing the total number of states which have ratified the protocol to ten: enough for the treaty to enter into force. For the ten countries, which includes Georgia, which ratified the treaty in July 2015, the treaty will enter into force on 1 August 2018.

The Protocol is essential to establish a dialogue between the European Court of Human Rights and the highest courts of the various states. In Georgia, these courts are the Supreme Court of Georgia and the Constitutional Court of Georgia.

“The Protocol enables these higher courts to transmit to the European Court requests for advisory opinions on questions of principle regarding the interpretation or application of the rights and freedoms set forth in the Convention. Such requests must concern cases pending before the national courts. The advisory opinions issued by the Strasbourg Court will be reasoned and non-binding,” reads the statement from the Council of Europe.

The President of the European Court of Human Rights, Guido Raimondi, warmly welcomed this tenth ratification: “The entry into force of Protocol No. 16 will strengthen dialogue between the European Convention on Human Rights and the national higher courts. This is a milestone in the history of the European Convention on Human Rights and a major step forward in human rights protection in Europe, as well as being a fresh challenge for our Court”.

By Benjamin Music