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Judgement without justice: on the efficacy of the European human rights regime
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SYSNO ASEP 0507082 Document Type J - Journal Article R&D Document Type Journal Article Subsidiary J Článek ve WOS Title Judgement without justice: on the efficacy of the European human rights regime Author(s) Guasti, Petra (SOU-Z) RID, ORCID, SAI
Široký, D. (US)
Stockemer, D. (CA)Source Title Democratization - ISSN 1351-0347
Roč. 24, č. 2 (2017), s. 226-243Number of pages 18 s. Publication form Print - P Language eng - English Country GB - United Kingdom Keywords human rights ; transnational courts ; European Court of Human Rights Subject RIV AD - Politology ; Political Sciences OECD category Political science Method of publishing Limited access Institutional support SOU-Z - RVO:68378025 UT WOS 000394518400003 EID SCOPUS 84961390688 DOI 10.1080/13510347.2016.1154841 Annotation The European Court of Human Rights (ECtHR) is widely regarded as the most important human rights court worldwide. This article investigates the extent to which the court addresses cases from countries with the worst human rights performance. Using a new data set on all ECtHR judgments from 1995–2012, the analysis suggests that the ECtHR does not deliver its judgments against members of the Council of Europe with the worst human rights records, but instead against more democratic and affluent states. The reason is that litigating in front of a supranational court requires capacities that vulnerable people are unlikely to possess, except when aided by transnational advocacy groups. However, more judgements are issued against countries that lack independent judiciaries, where cases are less likely to be resolved at the domestic level. While the ECtHR might not address the worst human rights crimes, it plays a subsidiary role in the European human rights protection system by compensating for weak domestic judiciaries. However, the court's inability to independently pursue litigation, together with the lack of capacity in some countries to bring cases forward, have hampered more effective protection of human rights for the most vulnerable in Europe. Workplace Institute of Sociology Contact Eva Nechvátalová, eva.nechvatalova@soc.cas.cz, Tel.: 222 220 924 / linka 351 Year of Publishing 2020 Electronic address https://www.tandfonline.com/doi/full/10.1080/13510347.2016.1154841
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