MultiRights Seminar: Past, present and future of the European Convention on Human Rights Article 13
Michael Reiertsen is a Phd Research fellow at the Department of Public and International Law (UiO). He presents a working paper entitled “Past, present and future of the European Convention on Human Rights Article 13” for discussion.
The European Convention on Human Rights (the Convention) Article 13 provides for a right to an effective remedy in cases of arguable claims of violations of substantive Convention rights. Broadly speaking this entails two rights: Firstly, a right to effective access to a national authority that can determine if substantive rights in the Convention have been violated. This includes a right to access to the authority as such, but may also include more procedural elements such as investigation and access to documents or information. Secondly, a right to appropriate (effective) relief at national level in cases of violations of substantive Convention rights. Appropriate relief may consist of for instance a finding of a violation, compensation or restitution in different forms.
Through selected examples the paper shows that the European Court of Human Rights (the Court) in the period 1960-2000 demanded little of national remedies. In later years the Court has reinforced the scope of Article 13 and demanded more of national remedies.
The paper and seminar aim at discussing elements such as:
- Why did the Court in an early phase demand little of national remedies?
- What arguments speak for reinforcing the scope of Article 13 in the present day situation?
- What arguments speak against reinforcing the scope of Article 13?
- What practical guidelines could provide a fair balance between the arguments for and against reinforcing the scope of Article 13?
- What could and should the role of Article 13 be in reducing the case load of the Court?
For more information and reading material related to this seminar, please contact our project coordinator.