BackFor the sixth consecutive year, National Human Rights Institutions (NHRIs) in the European Union (EU) have provided insights into their national rule of law landscapes. Overall, these show negative trends in areas such as the enabling space for NHRIs, civil society space and human rights defenders, access to justice, and media freedom. Despite the concerning picture, NHRIs continue working to counter these challenges and some progress is evident. Building on this, they recommend how policymakers can strengthen the rule of law across the EU.
Progress and challenges regarding the establishment, independence and effectiveness of NHRIs
Following the Swedish NHRI’s accreditation in 2024, there are now 20 EU countries with an internationally recognised A-status NHRI. Further positive developments include progress in establishing an NHRI in the Czech Republic, where a law was adopted expanding the Ombudsman mandate with an NHRI mandate.
At the same time, NHRIs across the EU still face increasing challenges. These include insufficient resources and the lack of follow-up by state authorities to NHRIs’ recommendations. This applies even where state authorities are legally obliged to do so. Alarmingly, one in four ENNHRI members reported a rise in intimidation, threats, and attacks against NHRIs.
Recommendations
To address the identified challenges, ENNHRI calls on:
- EU Member States to ensure adequate funding for NHRIs, protect them from threats, and provide meaningful follow-up to their recommendations;
- The European Commission to adopt an EU-wide Recommendation on NHRIs to support addressing the structural challenges that NHRIs face across the EU.
Shrinking civic space and difficulties for human rights defenders
NHRIs underline a further deterioration in the space for civil society organisations (CSOs) and human rights defenders (HRDs). Issues include restrictions on the freedom of peaceful assembly, with intimidation, harassment and violence occurring before, during or after protests.
Furthermore, NHRIs report barriers in accessing funding, information, and law- and policymaking processes. Stigmatisation, criminalisation of the work of rights defenders, and strategic lawsuits against public participation (SLAPPs) are also on the rise. These particularly impact groups such as environmental defenders, women HRDs, and LGBTQI defenders.
Despite these negative trends, NHRIs continue to support CSOs and HRDs in various ways. This includes through monitoring, reporting, complaint handling, legal assistance, and dedicated advocacy.
Recommendations
To tackle the aforementioned issues, ENNHRI calls on:
- EU Member States to ensure access to funding, establish dedicated protection mechanisms for HRDs, and guarantee freedom of assembly and association.
- The European Commission to prioritise the protection of CSOs and HRDs through its annual Rule of Law Report and its recommendations, as well as the upcoming Civil Society Strategy. This should include ensuring sustained EU funding for civil society and the establishment of an EU protection mechanism for human rights defenders.
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Source: European Network of National Human Rights Institutions (ENNHRI)
