Corte Europea de Derechos Humanos
The Council of Europe has launched a special webpage on its site which brings together all the key documents and updates about the ongoing reform process of the European Court of Human Rights. The site was presented last week during a meeting of the Committee of experts on the reform of the Court (DH-GDR). The agenda of that meeting can be found here. The site includes a short history (including all the reference documents) of the reforms so far, an overview of the different working groups (including their documents). Interesting progress reports include:
– a draft CDDH report on interim measures under Rule 39 of the Rules of Court which notes, amongst others, that the number of indications of interim measures has decreased to a considerable extent in the past two years. It also notes, interestingly since this comes from state party representatives, although the text is of course still a draft, that “Member States should be reminded that Article 34 of the Convention entails an obligation for States Parties to comply with an indication of interim measures made under Rule 39 of the Rules of Court and that non-compliance normally implies a violation of Article 34 of the Convention.” Leer el resto de esta entrada »
Professor Samantha Besson (University of Fribourg) has published the article ‘The Extraterritoriality of the European Convention on Human Rights: Why Human Rights Depend on Jurisdiction and What Jurisdiction Amounts to’ in the newest issue of the Leiden Journal of International Law (vol. 25, issue 4, 2012). This is the abstract:
The extraterritoriality or extraterritorial application of international and European human rights treaties refers to the recognition by those treaties’ states parties of the international and European human rights of individuals or groups of individuals situated outside their territory and, in a second stage, to the identification of their corresponding duties to those individuals. Examples of extraterritoriality abound in international human rights practice, and in particular in the European Court of Human Rights’ case law. Except for vague and often misleading gestures to the universality of human rights, which allegedly requires their extraterritorial application, however, many of the normative considerations underlying the extraterritorial applicability of human rights have not been broached in the human rights law literature. Leer el resto de esta entrada »
Buyse: The Court’s Ears and Arms: National Human Rights Institutions and the European Court of Human Rights
Antoine Buyse (Utrecht Univ. – Law) has posted The Court’s Ears and Arms: National Human Rights Institutions and the European Court of Human Rights (in National Human Rights Institutions in Europe: Comparative, European and International Perspectives, Katrien Meuwissen & Jan Wouters eds., forthcoming). Here’s the abstract:
This book chapter explores the ways through which human rights protection in the European system can be improved by national human rights institutions (NHRIs). NHRIs can play a key role in strengthening the supervision and implementation of the European Convention of Human Rights (ECHR) before, during and after the procedure in Strasbourg. In the first phase, NHRIs can help to better inform the public about the Convention system, specifically about the admissibility criteria, and give advice to potential applicants. Leer el resto de esta entrada »
Andrew Legg (Essex Court Chambers) has published The Margin of Appreciation in International Human Rights Law: Deference and Proportionality (Oxford Univ. Press 2012). Here’s the abstract:
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation?
This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and catalogues the key cases affecting the doctrine in practice.
Source: International Law Reporter
Arato: Constitutional Transformation in the ECtHR: Strasbourg’s Expansive Recourse to External Rules of International Law
Julian Arato (New York Univ. – Law) has posted Constitutional Transformation in the ECtHR: Strasbourg’s Expansive Recourse to External Rules of International Law (Brooklyn Journal of International Law, Vol. 37, no. 2, p. 348). Here’s the abstract:
The European Court of Human Rights is a constituted judicial body, established by international treaty among the member States of the Council of Europe. Yet it can hardly be described as a static creature of the Parties.
The Court has undergone dramatic constitutional change since its inception, resulting in an organization significantly more autonomous, independent, and robust in its maturity. Certain important changes have been achieved through formal amendment by the Parties. At the same time, however, the constitution of the ECtHR has undergone a quieter, informal kind of development – through the Court’s own practice in the discharge of its normal functions. Leer el resto de esta entrada »