Chapter

Civil Society and the European Court of Human Rights

Rachel A. Cichowski

in The European Court of Human Rights between Law and Politics

Published in print June 2011 | ISBN: 9780199694495
Published online September 2011 | e-ISBN: 9780191729782 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694495.003.0005
Civil Society and the European Court of Human Rights

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The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention system was and continues to be critically linked to a dynamic interaction between civil society and the ECtHR. The chapter examines the interaction between NGOs and social activists and the ECtHR over a 50-year period and reveals the important linkages between social activism and the judicial rule-making of the Court. This larger historical analysis is complemented by an in-depth case study of Turkey and the UK in the area of minority rights to provide a more detailed analysis of this general mobilization—litigation dynamic over a fifteen-year period. The legitimacy of this legal process remains a fine balance between societal inclusion and domestic government support.

Keywords: civil society; non-governmental organizations; European Court of Human Rights; legal mobilization; minority rights; judicial rule-making

Chapter.  10814 words.  Illustrated.

Subjects: Public International Law

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