Individual Petition Admissibility Requirements through the Prism of Regional Human Rights' Systems'
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Abstract
The right to individual petition has been deeply analysed in the European context, to be more precise in the legal framework of European Convention of Human Rights and Fundamental Freedoms. Therefore, this Convention is praised by critics as one of the most efficient human rights systems offering effective protection of human rights. The other human rights regional systems – Inter-American and African - are often left behind without taking a deeper look at the right to individual petition right in the region in question.
The author of this article targets all regional systems – European, Inter-American and African – and through the decisions of regional courts and background regional human rights documents analyzes the question of admissibility of the individual petition.
The majority of human rights documents provide five basic categories of admissibility requirements – the ratione materiae, the ratione loci, the ratione temporis, the ratione personae and the exhaustion of domestic remedies. The analysis shows that the same basic criteria are applicable mutatis mutandis in all regional systems as well as in the United Nations human rights system.
The article reveals some regional particularities to the admissibility of the individual petition, such as the requirement of damage in European system introduced by fourteenth protocol, the requirement not to base communications exclusively on news disseminated through the mass media applicable in African human rights system, the difference in interpretation of ratione personae and ratione temporis.
The author of this article targets all regional systems – European, Inter-American and African – and through the decisions of regional courts and background regional human rights documents analyzes the question of admissibility of the individual petition.
The majority of human rights documents provide five basic categories of admissibility requirements – the ratione materiae, the ratione loci, the ratione temporis, the ratione personae and the exhaustion of domestic remedies. The analysis shows that the same basic criteria are applicable mutatis mutandis in all regional systems as well as in the United Nations human rights system.
The article reveals some regional particularities to the admissibility of the individual petition, such as the requirement of damage in European system introduced by fourteenth protocol, the requirement not to base communications exclusively on news disseminated through the mass media applicable in African human rights system, the difference in interpretation of ratione personae and ratione temporis.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
