Theoretically speaking, the issue of human rights protection has fared well in Central and Eastern Europe over the last couple of years. Human Rights are laid down in the constitutions; and, arguably even more important, nearly all states have entered into obligations on the inter-state level by acceding to international human rights treaties including the European Convention for the Protection of Human Rights and Fundamental Freedoms. 

In practice, however, human rights are frequently disregarded. In Russia, for instance, severe problems persist. Remand prisoners still have to wait for their trial much too long and under inhuman conditions. Security forces commit abuses including acts of torture without being held responsible for this. The independence of the courts is not guaranteed in practice. Criminal charges are sometimes brought for political reasons; refugees are not adequately protected. A number of persons drawing the attention of the public to human rights violations became themselves the subject of such abuses.

How is this discrepancy to be overcome, how can human rights find their way from theory to reality? Much consultancy work is being carried out vis-à-vis the governments. This is an important and necessary approach, but only one of many approaches possible. Experience shows that human rights are generally respected only if individuals are aware of them, call on them and, if necessary, are prepared to institute proceedings before national and international courts or supervisory bodies.

The international court accessible in Europe is the European Court of Human Rights in Strasbourg. Each individual in the contracting states is entitled to file an application directly to this Court. The Court is empowered to decide on whether human rights have been violated in a particular case. The decisions of the Court are binding and states have shown to respect them and have repeatedly changed their domestic legislation or legal practice as a consequence of a judgement of the Court. 

In order to effectively present cases before the court, lawyers are needed who feel competent in the field of human rights and have access to the detailed case-law of the Strasbourg Court. They will have to be familiar with the formal requirements to be observed and the procedural steps to be taken in each individual case. It is only if such information and know-how is widely distributed that human rights treaties are in fact implemented within national legal orders and practices.

Therefore, MOST offers seminars and courses on the protection of human rights, tailored to the needs of Central and Eastern European Countries.