The Admissibility of Human Rights Petitions: The Case Law of the European Commission of Human Rights and the Human Rights Committee

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Martinus Nijhoff Publishers, 1994 - Political Science - 246 pages
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Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty. Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party has violated the rights enumerated in the treaty. However, these same institutions appear no longer merely to confine themselves to considering individual petitions. Due to the growing number of complaints, they have become increasingly preoccupied with managing their workload. The present volume focuses attention on two international institutions, one regional (the European Commission on Human Rights), and one global (the Human Rights Committee). It thoroughly examines the admissibility conditions of both the Commission and the Court by means of their case law and discusses possible changes which might reduce this case load. Chapter 2 discusses the procedural aspects of both systems, in particular, the division of labour and the various stages of the proceedings. Chapters 3-9 explore the case law of both organs concerning admissibility conditions, and such topics as competence "ratione personae" (including standing, the victim requirement and State responsibility), competence "ratione temporis," competence "ratione" "materiae," inadmissibility "pendente lite" and the exhaustion of local remedies.
  

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Contents

INTRODUCTION
1
PROCEDURE
7
COMPETENCE RATIONE PERSONAE
41
COMPETENCE RATIONE TEMPORIS
123
INADMISSIBILITY RELATED TO THE MERITS
139
ANONYMOUS AND ABUSIVE COMPLAINTS
155
SIMULTANEOUS EXAMINATION UNDER ANOTHER
173
EXHAUSTION OF DOMESTIC REMEDIES
187
CONCLUSIONS
231
SELECTED BIBLIOGRAPHY
239
INDEX
245
Copyright

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About the author (1994)

ALISON DUNDES RENTELN is Professor of Political Science, Anthropology, Law, and Public Policy at the University of Southern California. She holds a B.A. (History and Literature) from Harvard-Radcliffe, a J.D. from USC's Gould School of Law, and a Ph.D. in Jurisprudence & Social Policy from the University of California, Berkeley. She is also the author of THE CULTURAL DEFENSE (2004).

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