Preventing and Sanctioning Hindrances to the Right of Individual Petition Before the European Court of Human Rights - Softcover

9781780680132: Preventing and Sanctioning Hindrances to the Right of Individual Petition Before the European Court of Human Rights

Softcover

ISBN 10: 1780680139 ISBN 13: 9781780680132

Publisher: Intersentia, 2011

Whereas it is common today to focus on the overwhelming backlog of applications before the European Court of Human Rights, this book deliberately shows that the Court in Strasbourg could be inundated by even more applicants if States' Parties really conformed to Article 34 ECHR, according to which "The High Contracting Parties undertake not to hinder in any way the effective exercise of this right." However, in the past 50 years, more and more direct or indirect hindrances have been devised. Bringing together both researchers and human rights defenders, this collection takes a very concrete and practical look at these hindrances. Following an introduction to the topic, the book then analyzes the hindrances involving the most vulnerable groups (prisoners, migrants, and foreigners). It looks at concrete experiences and sets forth a number of recommendations for a better prevention and sanctioning of these hindrances.

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About the Author:

Elisabeth Lambert Abdelgawad is CNRS research Director (PRISME, University of Strasbourg). Her current research interests are victims’ remedies and access to supranational justice in the fields of human rights and international criminal law. She has published widely on victims’ remedies and access to the European Court of Human Rights.

Review:

This book is unique in drawing much-needed attention to this pressing issue, in assessing the multifarious ways in which citizens are obstructed in seeking redress for violations of their rights and in exploring potential solutions. Its great strength is to bring together academics and researchers, practising lawyers, NGO representatives and Council of Europe officials - from a range of subject areas and with an impressive geographical spread - to apply a multi-disciplinary rigour to these questions.' Professor Philip Leach, London Metropolitan University 'This publication - focusing on practice throughout- illuminates a topic that has rather been neglected in the past. [...]. No human rights library should be without it' Eduard Christian Schopfer in Newsletter Menschenrechte (NLMR) 6/2011, 399, 400 '[a]n incentive and inspiration to those who want to explore the question of how to solve the issue of hindrances further.' Jasmina Mackic in 2012 CMLR 2056.

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