EU Agency for Fundamental Rights and Council of Europe: Strengthening human rights protection at borders

A new joint EU Agency for Fundamental Rights (FRA) and Council of Europe note was released recently. The note focuses on effective remedies for human rights violations at the European borders. It also provides detailed information on complaints mechanisms and the duty to carry out investigations into alleged violations at borders. The standards stem from EU law and the European Convention on Human Rights (ECHR).

The remedy must be effective in practice as well as in law. It is not enough for remedies to be theoretically available. They must be accessible in practice and not hindered by the acts or omissions of state authorities. Under the ECHR, to access an effective remedy, individuals must first be able to lodge a complaint before a complaints mechanism capable of establishing the violation of an ECHR right and any liability of state officials or bodies for that violation. In addition, states must carry out an effective official investigation where individuals make arguable complaints of rights violations, notably under Articles 2, 3, 4, and 5 of the ECHR. The precise scope of the obligation varies based on the nature of the alleged violation.

This note complements a previous joint note on ‘Fundamental rights of refugees, asylum applicants and migrants at the European borders’. Both notes underline FRA’s and the Council of Europe’s commitment to strengthening their cooperation on human rights protection at Europe’s borders.