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Inter-State Complaints Under Treaty Provisions – The Experience Under The European Convention On Human Rights

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Chapter Summary

In analysing the role of inter-State applications in the implementation of international human rights standards, it may be instructive to look at the experience of the European Convention on Human Rights (ECHR). This chapter analyses the intended function of State applications under the ECHR, and examines the role which this kind of application has actually played in the implementation of the Convention standards. It addresses the question: what the future role of State applications could be in the recently expanded Convention community. So far 20 State applications have been lodged in 13 cases, in relation to seven kinds of situations; these seven instances are highlighted in the chapter. Inter-State applications have often served as a step in a wider political process and have thus had strong political overtones, not so much because of the nature of the Convention issues raised but more because of the political interests at stake.

Keywords: European Convention on Human Rights (ECHR); inter-state applications; political interests



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