Suchergebnisse

Insufficient attention has been paid to the political processes that take place between ratification of international human rights treaties and domestic implementation. Yet how international human rights treaties become embedded in domestic politics and local interpretations of compliance is crucial to understanding how international human rights treaties work in practice. Using evidence from three Latin American countries after the ratification of the Convention on the Rights of the Child, this article demonstrates how different implementation paths have unfolded, shaped by domestic actors and domestic politics.

Discusses legislation, human rights in relation to security, implementation of the European Convention on Human Rights, the European Parliament, multiculturalism, minority rights, and the right to life; 10 articles.

AbstractThe article discusses the efficacy of the remedies offered to successful applicants by the European Court of Human Rights in the cases coming from the armed conflict in the Chechen Republic of the Russian Federation. It submits, firstly, that proper establishment of facts constitutes a remedy in itself for victims of human rights violations in an armed conflict. It then analyses the establishment of facts by the Court in the Chechen cases and argues that the assessment of evidence under the Court's burden of proof 'beyond reasonable doubt' was applied unevenly in different cases. The paper suggests that the Court obtains evidence proprio motu, which it has never done in the Chechen cases. Secondly, this paper evaluates the European Court's practice to limit the just satisfaction by monetary awards and to consistently deny the applicants' requests for non-monetary awards. It then discusses the developments in the international law on reparations for human rights violations under the ECHR and in the Inter-American and UN systems, and argues for a need to enhance the European Court's awards of just satisfaction. Finally, the paper assesses the supervision of the execution of judgments in the Chechen cases, finds it ineffective, and suggests that more actions are required from the Court in order to deal effectively with alleged human rights violations arising from armed conflicts.