Enforcing Rights Beyond Litigation: Mapping NGO Strategies in Monitoring ECtHR Judgment Implementation
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Enforcing Rights Beyond Litigation : Mapping NGO Strategies in Monitoring ECtHR Judgment Implementation. / Küçüksu, Aysel.
In: Human Rights Law Review, Vol. 22, No. 2, 2022, p. 1-24.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Enforcing Rights Beyond Litigation
T2 - Mapping NGO Strategies in Monitoring ECtHR Judgment Implementation
AU - Küçüksu, Aysel
PY - 2022
Y1 - 2022
N2 - Whilst the mobilisation practices of human rights organisations before the European Court of Human Rights have amassed a significant volume of scholarship, the interest in their role in the post-judgment process pales in comparison. This article seeks to contribute to the reversal of this trend by shining a light on Rule 9 of the Rules of the Committee of Ministers, which establishes an official avenue for NGOs and NHRIs to participate in the execution, as opposed to the litigation, of ECtHR decisions. Since its adoption in 2006, the procedure has led to 882 HRO communications and 346 government responses in 356 different cases. This article offers a qualitative empirical study of them. It combines abstract insights from observing patterns at the global level with specific insights from the close reading of the interventions, thereby providing an unprecedented look into the invaluable contribution NGOs and NHRIs make to the ECtHR judgment implementation process. It argues that these organisations resort to activation, contextualisation, and pragmatic strategies in pursuit of one overarching goal: preventing the premature closure of international supervision of a case. The article helps complete the picture of NGO and NHRI participation in the ECHR implementation architecture.
AB - Whilst the mobilisation practices of human rights organisations before the European Court of Human Rights have amassed a significant volume of scholarship, the interest in their role in the post-judgment process pales in comparison. This article seeks to contribute to the reversal of this trend by shining a light on Rule 9 of the Rules of the Committee of Ministers, which establishes an official avenue for NGOs and NHRIs to participate in the execution, as opposed to the litigation, of ECtHR decisions. Since its adoption in 2006, the procedure has led to 882 HRO communications and 346 government responses in 356 different cases. This article offers a qualitative empirical study of them. It combines abstract insights from observing patterns at the global level with specific insights from the close reading of the interventions, thereby providing an unprecedented look into the invaluable contribution NGOs and NHRIs make to the ECtHR judgment implementation process. It argues that these organisations resort to activation, contextualisation, and pragmatic strategies in pursuit of one overarching goal: preventing the premature closure of international supervision of a case. The article helps complete the picture of NGO and NHRI participation in the ECHR implementation architecture.
U2 - 10.1093/hrlr/ngac013
DO - 10.1093/hrlr/ngac013
M3 - Journal article
VL - 22
SP - 1
EP - 24
JO - Human Rights Law Review
JF - Human Rights Law Review
SN - 1461-7781
IS - 2
ER -
ID: 289232727