The Reform of the Convention System: Institutional Restructuring and the (Geo-)Politics of Human Rights

Robert Harmsen

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:
The Reform of the Convention System: Institutional Restructuring and the (Geo-)Politics of Human Rights

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A discourse of imperative reform has marked discussions surrounding the institutional system of the European Convention on Human Rights since the early 1980s. Yet, the underlying drivers of these reforms have themselves been profoundly transformed during this period, reflecting the transformation of the Strasbourg system itself into a genuinely pan-European entity. This chapter surveys the principal dynamics of reform which have reshaped the Convention system, focusing on both formal amendment (Protocol Nos 11 and 14) and the wider evolution of institutional practice (as regards both the Committee of Ministers and the Court). Through this analysis, it is demonstrated that an initially ‘insular’ focus concerned with the functioning of the Court alone has progressively given way to a broader, if still incompletely articulated, awareness of the need for the Convention system to function as an integrated whole across the European and national levels of human rights protection.

Keywords: reform of the ECHR; Protocol 11 ECHR; Protocol 14 ECHR; Committee of Ministers; Council of Europe; pilot judgments

Chapter.  13489 words. 

Subjects: Public International Law

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