The Admissibility of Human Rights Petitions: The Case Law of the European Commission of Human Rights and the Human Rights CommitteeBoth 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. |
Contents
INTRODUCTION | 1 |
X | 86 |
62 | 99 |
COMPETENCE RATIONE TEMPORIS | 123 |
34 | 134 |
INADMISSIBILITY RELATED TO THE MERITS | 139 |
ANONYMOUS AND ABUSIVE COMPLAINTS | 155 |
SIMULTANEOUS EXAMINATION UNDER ANOTHER | 173 |
COMPETENCE RATIONE PERSONAE | 176 |
EXHAUSTION OF DOMESTIC REMEDIES | 187 |
139 | 217 |
CONCLUSIONS | 231 |
| 239 | |
| 245 | |
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Common terms and phrases
abuse admissibility alleged victim alleged violation Andorra appeal applicant complained applicant's article 26 article 6(1 author of Communication behalf Breton language case-law circumstances claim Collection Commission found Commission noted Commission pointed Commission's communica communication inadmissible competent ratione temporis complaint concluded considered contrary to article Council of Europe Covenant Cyprus declared inadmissible detention domestic remedies e.g. Application e.g. Communication effect entry into force European Commission European Convention examined extradition fact France Freedom of Association HRC 1990 report HRC Selected Decisions HRLJ Human Rights Committee Ilse Koch incompatible ratione indirect victim individual international law invoked Judgment of 25 judicial jurisdiction Liechtenstein matter meaning of article Netherlands obligation Optional Protocol organisation organs party concerned persons petitioner proceedings protection provisions Publ Rapporteur recognised rejected request respect responsibility right of submission Secretariat Series Strasbourg submitted substantially territory tion tribunal United Kingdom Uruguay violation of article Yearbook Yearbook 13