The access of individuals to international justice

The right to access to justice comprises not only the right to initiate proceedings before international human rights tribunals, but also the guarantees of due process of law, and the right to protection by means of faithful compliance with judicial decisions.

individuals could only access the ECtHR and the IACtHR through the intermediation of the European and Inter-American Commissions of Human Rights. However, since the entry into force of Protocol No. 11 to the European Convention on Human Rights (ECHR) on 1 November 1998, individuals have direct access to the European Court. In the Inter-American system, the Commission remains the gateway to the Court for private parties. Yet while alleged victims cannot bring cases to the Court directly, since 1 June 2001 they are allowed to participate in all stages of the proceedings at the IACtHR. This is a logical consequence, at the procedural level, of a system of protection, as it is not reasonable to conceive of rights without the procedural capacity to vindicate them.

Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights.

10.The protection of human rights within the European Union

The Lisbon Treaty , which sets out the legal and institutional foundations of the EU , clearly states that the Union shall be guided by the following principles : democracy, the rule of law , the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the Charter UN and international law . These principles are supported by the EU Charter on Human Rights , which unites all these provisions in one documen

Human rights in Europe are addressed by a range of inter-governmental bodies at the regional level including the Council of Europe, the European Union and the Organisation for Security and Co-operation in Europe.

Council of Europe The Council of Europe was founded in 1949 following the Second World War. Based in Strasbourg, France, it has 47 member states including Ireland. It aims to protect human rights, pluralist democracy and the rule of law; to promote awareness and encourage the development of Europe's cultural identity and diversity.

Protection of human rights is core to all the functions of the Council of Europe. In the context of the European Convention on Human Rights (ECHR), the primary organs of relevance to human rights are the European Court of Human Rights , the European Commission on Racism and Intolerance (ECRI), the Committee on the Prevention of Torture (CPT), the Vienna Commission and the Office of the Council of Europe Commissioner for Human Rights .

European Convention on Human Rights The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe. It was drafted in 1950 by the then newly formed Council of Europe . Ireland was one of the first State's to ratify the ECHR in February 1953. All 47 Council of Europe member states are party to the ECHR. New members are expected to ratify the ECHR at the earliest opportunity.

The IHRC published a European Convention on Human Rights Guide for the Civil and Service in December 2012. The Guide is an great introduction to the ECHR, the work of the European Court and case law relevant to Ireland.

European Union Respect for human rights and dignity, together with the principles of freedom, democracy, equality and the rule of law, are values common to all 27 European Union (EU) Member States. They also guide the Union's action both inside and outside its borders. European action in this area is based on the Treaty on European Union. Annexed to the Treaties, the Charter of Fundamental Rights defines further the fundamental rights applicable at Union level.

Charter of Fundamental Rights The European Union's human rights principles are set out in the Treaty on European Union and the Charter of Fundamental Rights . Based on initiatives and programmes such as Daphne and PROGRESS, the Union's action focuses on combating discrimination, racism and xenophobia and on protecting vulnerable groups, such as children, women and minorities. Read on...

EU Fundamental Rights Agency

The European Union (EU) Fundamental Rights Agency (FRA) was established in 2008.The FRA, based in Vienna, monitors respect for the EU's core values. It provides the relevant institutions and authorities of the European Community and its Member States with assistance in implementing EU law on fundamental rights. It supports them to ensure they fully respect fundamental rights when they take measures within their respective spheres of competence. The FRA's specific focus is on the situation of fundamental rights in the EU and its 27 member States. The FRA is specifically mandated to work with National Human Rights Institutions.

Organisation for Security and Co-operation in Europe (OSCE).

The OSCE is a regional security organisation, with 56 participating states from North America, central Asia, and Europe. The OSCE is a primary instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in its area. Ireland became a member in 1973. Participating States commit to aim to ensure full respect for human rights and fundamental freedoms.

The OSCE, through its Office for Democratic Institutions and Human Rights (ODIHR) is active throughout the OSCE area in the fields of election observation, democratic development, human rights, tolerance and non-discrimination, and rule of law.

Date: 2015-12-18; view: 752