The Evolution of the Right of Individuals to Seise the European Court of Human Rights

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The year 2009 was a milestone for the European Court of Human Rights ("ECtHR" or "the Court") in at least two ways. On the bright side, the Court can celebrate its 50th anniversary and its continuous role as principal promoter of human rights in the now 47 Member States of the Council of Europe ("CoE" or "the Council"). However, 2009 was also the year in which the number of pending cases before the Court passed the disturbing 100,000 benchmark.

Paradoxically, the main reason for both the Court's success and its current crisis is the right of petition of individuals. The present article contains a detailed inquiry into the coming into existence of this central feature of the control machinery of European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR" or "the Convention") that was labelled a breakthrough in the field of human rights as well as in general international law.

Original languageEnglish
JournalJournal of the History of International Law
Volume12
Issue number2
Pages (from-to)267-306
Number of pages40
ISSN1388-199X
DOIs
Publication statusPublished - 2010
Externally publishedYes

ID: 115735310