Russian Supreme Court Voids European Human Rights Convention, Severing Final Legal Ties

Supreme Court Ruling Finalizes Break from European Human Rights Framework

The Russian Supreme Court on Tuesday, December 9, 2025, formally removed the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) from the country's legal framework. This decision, made during a plenary session chaired by Justice Igor Krasnov, voids a 2013 decree that previously allowed Russian courts to apply the Convention. The court also eliminated all references to the ECHR and its judgments from other legal acts, marking a definitive end to Russia's engagement with the European human rights system.

Background to the Withdrawal

This latest action by the Russian Supreme Court follows Russia's earlier withdrawal from the Council of Europe and the ECtHR's jurisdiction in September 2022, a direct consequence of its full-scale invasion of Ukraine. Russia was formally expelled from the Council of Europe on March 16, 2022, and ceased to be a party to the ECHR on September 16, 2022.

Russia had been a signatory to the European Convention on Human Rights since 1988 (ratified in 1998) and had been a member of the Council of Europe for 25 years. Throughout its membership, the ECHR and the case law of the ECtHR became deeply embedded in the Russian constitutional and legal systems. However, Russia's relationship with the ECtHR was often characterized by tension, with Moscow frequently viewing the court's rulings as infringements on its sovereignty. In 2015, Russia adopted a law permitting it to overrule ECtHR judgments, and by 2020, constitutional amendments were introduced stipulating that the Russian Constitution supersedes international law.

Implications for Human Rights in Russia

The Supreme Court's decision carries significant implications for human rights protection within the Russian Federation. With the ECHR no longer applicable, Russian courts will now primarily rely on domestic law and other international instruments to which Russia remains a party. These include:

• The Universal Declaration of Human Rights
• The International Covenant on Civil and Political Rights
• The Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms

Legal experts have highlighted that, unlike the ECHR, these alternative instruments generally lack robust enforcement mechanisms, which could grant Russian courts greater discretion in their rulings. This shift is anticipated to create a situation of 'complete impunity for human rights violations' for any new cases arising after Russia's formal withdrawal from the ECHR.

While the ECtHR retains competence to address applications against Russia for violations committed up until September 16, 2022, Russia has explicitly stated that it will not comply with any such judgments. Although some provisions incorporated into Russian law as a result of past ECHR judgments may formally remain, their practical implementation has reportedly deteriorated. Furthermore, new legislation adopted since 2022 is seen as directly contradicting European human rights standards, with Russian authorities increasingly emphasizing 'traditional values' over universal human rights principles.