Human Rights: Between Idealism and Realism, Third Edition
Contents
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I Introductory Considerations I Introductory Considerations
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II Worldwide Level II Worldwide Level
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A. International Court of Justice (ICJ) A. International Court of Justice (ICJ)
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1. Advisory opinions 1. Advisory opinions
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2. Contentious proceedings 2. Contentious proceedings
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B. World court of human rights B. World court of human rights
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III Regional Level III Regional Level
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A. Europe A. Europe
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1. European Court of Human Rights 1. European Court of Human Rights
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i ) General features i ) General features
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ii ) Interstate applications ii ) Interstate applications
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iii ) Individual applications iii ) Individual applications
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iv ) Interim relief iv ) Interim relief
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v ) Reparation v ) Reparation
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vi ) Enforcement of judgments vi ) Enforcement of judgments
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vii ) Advisory opinions vii ) Advisory opinions
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2. Court of Justice of the European Union 2. Court of Justice of the European Union
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B. Inter-American Court of Human Rights B. Inter-American Court of Human Rights
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1. General features 1. General features
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2. Quantitative balance sheet 2. Quantitative balance sheet
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3. Qualitative balance sheet 3. Qualitative balance sheet
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4. Interim relief 4. Interim relief
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5. Consequences attaching to the finding of a violation 5. Consequences attaching to the finding of a violation
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C. Africa C. Africa
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1. African Court on Human and Peoples’ Rights 1. African Court on Human and Peoples’ Rights
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i ) SADC Tribunal i ) SADC Tribunal
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14 Supervision by International Tribunals
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Published:01 September 2014
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Extract
Introductory Considerations
Human rights cannot remain confined to the written texts where they have been set out. In order to become a living reality, they must be translated into actual practice. State authorities bear the main responsibility for their observance and implementation. Administrative practices rarely attract the attention of the public except when they run counter to the axiomatic premises they should secure. By contrast, according to the European tradition, human rights unfold and become visible above all in judicial proceedings. However, this pre-eminence of the judiciary should not obscure the fact that the task of respecting and implementing human rights is incumbent on all branches of government.
Mostly, when dealing with judicial protection of human rights, writers refer to the existing international courts specifically entrusted with adjudicating disputes about the interpretation and application of the relevant rules. But this approach is too narrow. Human rights has become a genuine component of international law. It cuts across all regimes which traditionally were deemed to be outside its scope. When the United Nations was established in 1945, no one would have thought that one day the Security Council would concern itself with the issue of compliance by states with minimum human rights standards. Even in 1995, when the WTO Agreement was drafted and the new GATT came into being, no provision was made for human rights as a possible factor to be taken into account when assessing the lawfulness of trade restrictions.1 Experience has shown, however, that human rights now belong to the key principles determining the framework within which international law is operating and evolving. This must also find its reflection in the case law of international tribunals that have no specific mandate in the field of human rights. Indeed, one does not encounter any reluctance on the part of judicial bodies at the international level to ‘trespass’ on that field.
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