The procedural participation of non-governmental organisations and national human rights institutions within the European Convention system and beyond: An empirical study

Abstract

Every year, thousands of individuals turn to the European Court of Human Rights in Strasbourg alleging that a state party to the European Convention on Human Rights has violated one or more of their rights enshrined in the Convention. In the event that the Court agrees with the applicant, and finds that the state in question has failed to protect the individual against a violation of a Convention right, the judgment is transmitted to the Council of Europe’s Committee of Ministers, which keeps track of the implementation process of the Court’s judgments. However, Strasbourg is not the sole domain of states, individual applicants, the Court, and the Committee of Ministers. Non-governmental organisations are present at virtually every stage, from the beginning of a case to its very end. Although to a lesser extent, National Human Rights Institutions are involved as well. This dissertation explores the role of these two actors within the European Convention system and beyond and, in doing so, provides a further, deeper understanding of their participation. More particularly, by employing qualitative empirical methods, it considers firstly, the current involvement of these actors in the execution process of the Court’s judgments. Secondly, it examines whether a greater role for these actors is desirable, thereby drawing inspiration from the role given to non-governmental organisations under the European Social Charter and from the participation of national human rights institutions in the Inter-American System of Human Rights.