Dear Ambassador Rhode (German Ambassador to Kosovo),
Dear Mr. Poirel (Director of Human Rights Directorate, Directorate General of Human Rights and Rule of Law, Council of Europe)
Dear Mr. Power (Head of Council of Europe’s Office in Pristina)
Respected representatives of the Constitutional Court of Kosovo and all of you present in this event today,
Let me begin by saying that, I’ve been delivering quite a lot of speeches and presentations since I was elected Speaker of Parliament, and even more so now after taking over the office of the President, and as you can imagine, some topics are more close to the heart than others, for some you look more forward than for some others. But, I was particularly looking forward to this conference, since it takes me back to some dear memories while I was, on one hand, working for the Council of Europe, training judges on the European Convention, and on the other hand teaching the Convention at the Faculty of Law. So it is a distinct pleasure to address you as we mark the 70th anniversary of the singing of the European Convention on Human Rights and Fundamental Freedoms in Rome in 1950. Ever since, the ECHR managed to set out the fundamental rights we all need to be able to live a free and dignified life, hence becoming the cornerstone for the protection of human rights in Europe.
While some consider ECHR as being too progressive, others attack it for being quite the opposite. The fact is, however, that it is truly remarkable how in a few hundred words this Convention has managed to establish a blueprint for a free, just and democratic society, where the right to life, liberty and the freedom of speech are guaranteed as universal and indivisible rights. Thus, this Convention is rightfully considered the most successful system for the enforcement of human rights in the history of the world.
While the Convention and its Case Law have managed to construct an institutionalized and systematic approach towards the protection of human rights, the necessity to protect and stand up for these rights today is as important and as much of a priority as ever before. Hence, today, as we evaluate its practical effects on the human rights, democracy and rule of law, we also reinstate our commitment to further promote and implement the human rights standards as set forth by it and the respective case law based on it.
Given our constantly evolving living conditions, it is truly remarkable that the Convention has not remained frozen in time. Through the case law of the European Court of Human Rights - the guardian of this Convention, it managed to adopt to the circumstances. This contributed to the broadening of the scope of the rights guaranteed by the Convention taking into account societal, environmental, technoclogical developments that were unpredictable back at the time of its adoption. Yet, with the raising tendencies to question the very basics of Europe’s human rights framework, events and forums such as this one, which offer us an opportunity to reflect on what has been achieved and what needs to be prioritized on the road ahead, become ever more important.
These are worrying times. We are witnessing increasingly open and direct demonstrations of intolerance, violence, enhanced sentiments of racism, hate crime, terrorism and radicalization, expanded patterns of hate speech, especially towards people who may look, believe or dress differently. It is now clearly evidenced that in 2019 as in previous years, there have been growing challenges to human rights standards and principles all over the continent.
With these challenges on the sight, on this 70th anniversary of ECHR, it is worth taking a moment to appreciate how important this Convention has been, and equally so, how important it remains, in protecting us from the worst instincts. And as we jointly confront these challenges, I plead that we remain driven by the values and premises that the Convention was built upon, respectfully, the protection of human rights and the rule of law, and the promotion of democracy.
Let me close by mentioning the importance of this Convention in Kosovo. As you know, we’ve made it directly applicable to our legal system through article 22 of the Constitution. Moreover, although we’re not a member of CoE, through our constitution, Article 53, we have cemented the commitment of every public institution to guaranteeing that human rights and fundamental freedoms in Kosovo are interpreted in line with the decisions and judgments of the European Court of Human Rights. But, ladies and gentleman, the mere fact that Kosovo is not being allowed to join the CoE and thus use the ECHR mechanism, I believe, is a violation of human rights in itself. Our citizens are not being able to address their cases to Strasburg, if the violation is from the institutions of their home country. In this case, they are being denied one of the most fundamental instruments to protecting human rights, which is access to justice and the judicial protection of rights. So, while we’re discussing today on how important this Convention has been for Europeans all across our continents, please bear in mind, that we are Europeans, too, and access too justice, access to ECHR, should never be politicized. It is, therefore, about time, that the Council of Europe opens its arms to Kosovo, because only in this way we can be able to say that it is standing up for the values enshrined in the ECHR. Because, only then, we are convinced that we will all be able to say that we’re working to live in a just, safe, and peaceful Europe since we’ve ensured ultimate respect for equal rights for all our citizens.
