What does the European Convention for the Protection of Human Rights and Fundamental Freedoms mean today for citizens, institutions and civil society, and how can we ensure that judgments of the European Court of Human Rights are actually implemented?
On 10 December 2025, International Human Rights Day, Human Rights House Zagreb and the Ombudswoman of the Republic of Croatia organised a conference marking the 75th anniversary of the adoption of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The conference took place at the Faculty of Political Science, University of Zagreb.
The conference was opened by Ombudswoman Tena Šimonović Einwalter, who warned of the many challenges to human rights protection in Croatia, Europe and worldwide, and stressed the importance of preserving existing protection standards, the accountability of the state and its institutions, and educating citizens about their rights.
The participants were also addressed by Damir Habijan, Minister of Justice, Public Administration and Digital Transformation, Milorad Pupovac, Chair of the Committee on Human and National Minority Rights of the Croatian Parliament, and Mato Arlović, Deputy President of the Constitutional Court of the Republic of Croatia. The speakers highlighted the universality of the rights guaranteed by the Convention, the possibility for individuals to seek protection before an international court, the need for genuine cooperation between institutions, and the Convention’s contribution to the rule of law and legal certainty.
On behalf of Human Rights House Zagreb, Programme Director Ivan Novosel emphasised that, thanks to the binding judgments of the European Court of Human Rights, the Convention is one of the key tools available to civil society. Human rights defenders can rely on its standards before domestic courts, engage in proceedings before the European Court, and monitor and advocate for the implementation of its judgments.
The panel discussion, moderated by Deputy Ombudswoman Dijana Kesonja, brought together Maša Marochini Zrinski, Judge of the Constitutional Court of the Republic of Croatia; Ksenija Turković, former Vice-President of the European Court of Human Rights and Professor at the Faculty of Law in Zagreb; Štefica Stažnik, Agent of the Republic of Croatia before the European Court of Human Rights; Ioulietta Bisiouli, Director of the European Implementation Network (EIN); and attorney Natalija Labavić. The discussion addressed the influence of the Convention and the Court’s judgments on the case law of the Constitutional Court and domestic courts, the work of the European Court, and the implementation of its judgments at national level.
Particular attention was paid to the problem of non-implementation: over the past ten years, almost half of the judgments of the European Court of Human Rights have remained unimplemented or only partially implemented, which threatens the rule of law and the sustainability of the entire Convention system.
Croatia is no exception. According to data from the European Implementation Network from early 2025, 30 leading judgments against Croatia are still pending before the Committee of Ministers of the Council of Europe. Leading judgments point to structural or systemic problems. 32 per cent of leading judgments from the past ten years remain unimplemented, and leading cases have been pending implementation for more than two years on average.
Some of the open issues require deeper changes in how institutions work. These include effective investigations of hate crimes, as shown by Šečić v. Croatia, concerning an attack on a Roma man, and the protection of freedom of expression for media that criticise public office holders, as shown by Narodni list d.d. v. Croatia, in which a newspaper publisher was ordered to pay damages to a judge over a critical article about his work. Payment of just satisfaction is only the first step. A judgment is fully implemented only when the state changes the practices, legislation or institutional conduct that led to the violation, so that the same violation does not happen again. Unfortunately, in both of these cases the implementation process was closed without adequate and sustainable long-term improvements that would guarantee that the same or similar human rights violations do not recur.
Civil society plays an important role precisely at the implementation stage. Organisations can submit Rule 9 communications to the Committee of Ministers, pointing out what is still missing in implementation and proposing concrete measures. Human Rights House Zagreb, together with Zagreb Pride, is preparing such a communication on the implementation of Sabalić v. Croatia, which concerns the state’s inadequate response to homophobic violence, and will soon submit it to the Committee of Ministers. Experience shows that real change requires not only a judgment, but also systematic monitoring and advocacy.
In conclusion, it was emphasised that education, cooperation and political will are key to the effective application of the Convention, the protection of human rights, the reduction of inequality and the preservation of the rule of law in Croatia and Europe.
The conference was organised as part of the SURE project (Standing up for Rights in Europe), co-funded by the European Union under the CERV programme.
