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Lize R. Glas, The European Court of Human Rights’ Use of Non-Binding and Standard-Setting Council of Europe Documents, Human Rights Law Review, Volume 17, Issue 1, March 2017, Pages 97–125, https://doi.org/10.1093/hrlr/ngw043
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Abstract
In many judgments, the European Court of Human Rights lists relevant international materials and, in some of those judgments, it uses these documents when determining whether the European Convention on Human Rights has been violated. These materials are often non-binding and standard-setting documents that originate in the Council of Europe (CoE), the Court’s organizational framework. This article analyses the Court’s practice of using such documents, based on a sample of 795 judgments. The analysis serves to provide an answer to the questions of how and why the Court refers to and relies on these documents. More specifically, the article describes the number of judgments and the importance of the judgments in which the Court cites a CoE document, as well as the type of organs and the different documents cited. The analysis continues with a description of the part in which the Court’s determination on the question of a violation the CoE documents appear and also addresses the purposes for which the Court seems to use the materials. Lastly, insight is provided into the relevance of the documents to the Court’s reasoning and explanations are given for why the Court does, or does not, follow the standards formulated in a document.
