The promotion of a human rights culture in Malta through adequate implementation of judgments of the European Court of Human Rights

Abstract

The Council of Europe has for years insisted that all contracting parties to the Convention should have the right mechanisms in place to cultivate a human rights culture and to ensure the swift execution of judgments . The establishment of the Human Rights and Equality Commission as a National Human Rights Institution (NHRI) in Malta is essential for the promotion of a human rights culture. However, the White Paper does not enable one to determine what implementation mechanisms, if any, will be entrusted with the NHRI. It is suggested that the setting-up of a parliamentary committee based on the Belgrade Principles can work in conjunction with the HREC to ensure maximum fulfillment of Malta’s human rights protection obligations and more importantly serve as a base for the expansion of a human rights culture. It is proposed to enable the NHRI to effectively work towards the enforcement of judgments through the recommendation of legislative changes to the parliamentary committee. The proposal is for the Human Rights Commission to retain its proposed objectives whilst having the added responsibility of liaising with a Human Rights Parliamentary Committee that could in turn ensure that the necessary legislative changes are brought to the attention of Parliament.