Forging Domestic Remedies - The Role of the ECtHR

Michael Reiertsen is a Phd research fellow at the Department of Public and International Law, UiO. He is writing a Phd thesis with the working title “The ECHR Article 13 – Past, Present and Future”.

The ECHR Article 13 grants the right to an effective domestic remedy in case of arguable violations of the ECHR. It is one of the Articles most often alleged violated in cases before the ECtHR (approximately 2.500 judgments). However, until around 2000 the ECtHR found few violations and provided little guidance as to the content and scope of the right. Since then the ECtHR has reinforced the scope of application of the article and provided some guidance as to its content. At the same time, the improvement of domestic remedies is repeatedly called for in the on-going process of reform of the ECtHR and the ECHR.

In this seminar Reiertsen raises the question if Article 13 is a sleeping beauty about to awake, or if it rather should be tucked back into sleep? How could and should the ECtHR use Article 13 in order to improve and forge domestic remedies?

The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.

Tags: Human Rights
Published Sep. 30, 2015 7:48 AM - Last modified June 6, 2017 9:14 AM