The Admissibility of Human Rights Petitions: The Case Law of the European Commission of Human Rights and the Human Rights Committee
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
COMPETENCE RATIONE PERSONAE
COMPETENCE RATIONE TEMPORIS
INADMISSIBILITY RELATED TO THE MERITS
ANONYMOUS AND ABUSIVE COMPLAINTS
abuse admissibility alleged victim alleged violation Andorra appeal applicant complained applicant's article 26 article 6(1 author of Communication authorised behalf capital punishment case-law circumstances claim Collection Commission noted Commission's Committee's competent ratione temporis complaint considered constituted contrary to article Convention on Human Council of Europe Covenant declared inadmissible detention domestic courts domestic remedies e.g. Application e.g. Communication effect entry into force European Commission European Convention examine extradition fact HRC 1990 report HRC Selected Decisions Human Rights Committee indirect victim individual international law invoked ISBN Judgment of 22 judicial jurisdiction Liechtenstein meaning of article non-governmental organisations obligation Optional Protocol organisations organs party concerned persons petition petitioner proceedings provisions Publ recognised rejected request respect responsibility Schermers Secretariat Series Special Rapporteur Strasbourg submission submitted supra note Supreme Court territory third party tion tribunal United Kingdom Uruguay violation of article workload Yearbook Yearbook 9