The Admissibility of human rights petitions : : the case law of the European Commission of Human Rights and the Human Rights Committee / / by Tom Zwart.
Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty. Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party...
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Superior document: | International studies in human rights ; Volume 36 |
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Place / Publishing House: | Dordrecht, The Netherlands ;, Boston ;, London : : Martinus Nijhoff Publishers,, [1994] ©1994 |
Year of Publication: | 1994 |
Language: | English |
Series: | International studies in human rights ;
Volume 36. |
Physical Description: | 1 online resource (264 pages) |
Notes: | Description based upon print version of record. |
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Table of Contents:
- 1: Introduction.
- 1.1. The Growing Caseload.
- 1.2. Possible Ways to Deal with the Caseload.
- 1.3. The Structure of the Present Study.
- 2: Procedure.
- 2.1. Consideration of Communications by the HRC.
- 2.2. Examination of Applications by the European Commission.
- 2.3. Appraisal.
- 3: Competence rationae personae.
- 3.1. Standing: Individuals, Groups and Organisations.
- 3.2. Standing: the Victim Requirement.
- 3.3. Third Party Involvement.
- 3.4. State Responsibility.
- 3.5. Appraisal.
- 4: Competence rationae temporis.
- 4.1. Introduction.
- 4.2. Events Prior to the Entry into Force of the Treaty.
- 4.3. Continuing Violation.
- 4.4. The Retroactive Effect of Jurisdictional Clauses.
- 4.5. Appraisal.
- 5: Inadmissibility Related to the Merits.
- 5.1. Introduction.
- 5.2. Incompatible ratione materiae.
- 5.3. The Allegations are not Substantiated.
- 5.4. No Appearance of a Violation.
- 5.5. No Fourth Instance.
- 5.6. Appraisal.
- 6: Anonymous and Abusive Complaints.
- 6.1. Anonymous Complaints.
- 6.2. An Abuse of the Right of Submission.
- 6.3. Appraisal.
- 7: Simultaneous Examination under Another International Procedure.
- 7.1. The HRC.
- 7.2. The Commission.
- 7.3. Appraisal.
- 8: Exhaustion of Domestic Remedies.
- 8.1. General.
- 8.2. The Nature of the Remedies which Have to be Exhausted.
- 8.3. The Way in which Remedies Have to be Exhausted.
- 8.4. Special Circumstances which might Absolve the Petitioner from Exhausting the Domestic Remedies.
- 8.5. The Six Months Rule.
- 8.6. Appraisal.
- 9: Conclusions. 9.1. The Results of the Research.
- 9.2. The Way Forward.
- 9.3. Discretionary Review: Deciding which Cases to Decide. Selected Bibliography. Index.