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Journal ArticleDOI

Advocacy beyond litigation: Examining Russian NGO efforts on implementation of European Court of Human Rights judgments

01 Sep 2012-Communist and Post-communist Studies (Pergamon)-Vol. 45, Iss: 45, pp 255-268
TL;DR: The authors examines the ways in which various Russian NGOs, involved in litigation at the European Court of Human Rights (ECtHR), have worked to advocate for improved domestic implementation of rulings made by the Court.
Abstract: This article examines the ways in which various Russian NGOs, involved in litigation at the European Court of Human Rights (ECtHR), have worked to advocate for improved domestic implementation of rulings made by the Court. The paper traces these advocacy activities in four key problem areas for Russia's implementation of the Convention: (1) domestic judges' knowledge and citation of the European Convention or ECtHR case law; (2) the execution of domestic court judgments by Russian state bureaucratic bodies; (3) extrajudicial disappearances and killings in anti-terrorist military operations in the North Caucasus; and (4) torture or inhumane treatment in police detention. The author finds that the impact Russian NGOs can have upon domestic implementation depends greatly upon the professional cultures and incentives of the actors involved as well as whether or not prevention of violations is compatible with other high-level Russian government agendas.
Citations
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Journal ArticleDOI
TL;DR: In this paper, the authors argue that those activists at high risk often reinvent their tactics to counter curtailing legislation, experiment with the boundaries of police violence and manage the fear of fellow activists.
Abstract: Between 2005 and 2013, the Russian State Duma passed legislation restricting the activity of human rights defenders (HRDs). Although these measures complicate their work, this study contends that Russian HRDs creatively manage constraints. Through an interview study, this article contributes to the literature on human rights defence in dangerous circumstances by identifying the coping practices of two groups of HRDs: opposition youth activists in Moscow and human rights lawyers in the Northern Caucasus. Here, we argue that those activists at high risk often reinvent their tactics to counter curtailing legislation, experiment with the boundaries of police violence and manage the fear of fellow activists.

22 citations

Journal ArticleDOI
TL;DR: The authors investigates how the need for legislative changes influences compliance with European Court of Human Rights (ECtHR) compliance with human rights obligations and concludes that "legislative changes can be crucial for implementing human rights".
Abstract: Legislative changes can be crucial for implementing human rights. This article investigates how the need for legislative changes influences compliance with European Court of Human Rights (ECtHR) ju...

21 citations


Cites background from "Advocacy beyond litigation: Examini..."

  • ...The lead cases are therefore the appropriate units of analysis.(70) Stiansen and Voeten(71) dataset expands the coverage of existing compliance data(72) by a decade and includes more than four times as many cases....

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01 Aug 2018

16 citations

Journal ArticleDOI
TL;DR: The authors analyzes how two Russian human rights practitioners, the Anti-Discrimination Centre Memorial and the Committee against Torture, work in between their belief that law can effect into change and the necessity to supplement their litigation with other strategies.
Abstract: Russian nongovernmental organizations (NGOs) increasingly pursue domestic change by litigating before the European Court of Human Rights (ECtHR). The Russian government aims to decrease the amount of these applications and curtail the activities of these NGOs. In Russia, where legalism is often performed but sparsely delivered, NGOs engage into advocacy to supplement their international litigation. Advocating for domestic policy changes has, however, become potentially dangerous for NGOs under new curtailing legislation. Through interviews with Russian human rights practitioners, this article analyzes how two NGOs – the Anti-Discrimination Centre Memorial and the Committee against Torture – work in between their belief that law can effect into change and the necessity to supplement their litigation with other strategies. In particular, it analyzes the interactions between the state and the NGOs by examining, first, how NGOs mobilize claims before the Court as leverage in disputes, and second, how a restri...

14 citations

References
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Journal ArticleDOI
TL;DR: On 10 November 2005 the Grand Chamber of the European Court of Human Rights (‘Court’) decided the long-running headscarf battle between Muslim students and Turkish universities in the Sahin judgment.
Abstract: On 10 November 2005 the Grand Chamber of the European Court of Human Rights (‘Court’) decided the long-running headscarf battle between Muslim students and Turkish universities in the Sahin judgment. On appeal, it held that the prohibition against wearing headscarves on university premises did not violate Article 9 of the European Convention on Human Rights (‘Convention’) on freedom of thought, conscience and religion. It thereby confirmed the decision of the Fourth Section of the Court of 29 June 2004.

609 citations

Book
01 Jan 2008
TL;DR: Andresen et al. as mentioned in this paper presented an analytic framework for the systematic and comparative study of NGO diplomacy in international environmental negotiations, and used the framework to evaluate the degree of NGO influence on specific negotiations on environmental and sustainability issues.
Abstract: Over the past thirty years nongovernmental organizations (NGOs) have played an increasingly influential role in international negotiations, particularly on environmental issues. NGO diplomacy has become, in the words of one organizer, an "international experiment in democratizing intergovernmental decision making." But there has been little attempt to determine the conditions under which NGOs make a difference in either the process or the outcome of international negotiations. This book presents an analytic framework for the systematic and comparative study of NGO diplomacy in international environmental negotiations. Chapters by experts on international environmental policy apply this framework to assess the effect of NGO diplomacy on specific negotiations on environmental and sustainability issues. The proposed analytical framework offers researchers the tools with which to assess whether and how NGO diplomats affect negotiation processes, outcomes, or both, and through comparative analysis the book identifies factors that explain variation in NGO influence, including coordination of strategy, degree of access, institutional overlap, and alliances with key states. The empirical chapters use the framework to evaluate the degree of NGO influence on the first phase of the Kyoto Protocol negotiations on global climate change, the Cartagena Protocol on Biosafety, the United Nations Convention to Combat Desertification, negotiations within the International Whaling Commission that resulted in new management procedures and a ban on commercial whaling, and international negotiations on forests involving the United Nations, the International Tropical Timber Organization, and the World Trade Organization. ContributorsSteinar Andresen, Michele M. Betsill, Stanley W. Burgiel, Elisabeth Corell, David Humphreys, Tora Skodvin.

343 citations


"Advocacy beyond litigation: Examini..." refers background in this paper

  • ...Moreover, we cannot reliably gauge the importance of NGO attempts to change domestic policy and procedures based on the sheer quantity of NGO attempts (Betsill and Corell, 2008, p. 6)....

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Journal ArticleDOI
TL;DR: The European Court of Human Rights (ECtHR) is the crown jewel of the world's most advanced international system for protecting civil and political liberties as discussed by the authors, and it has become a victim of its own success.
Abstract: The European Court of Human Rights (ECtHR) is the crown jewel of the world's most advanced international system for protecting civil and political liberties. In recent years, however, the ECtHR has become a victim of its own success. The Court now faces a docket crisis of massive proportions, the consequence of the growing number of states subject to its jurisdiction, its favourable public reputation, its expansive interpretations of individual liberties, a distrust of domestic judiciaries in some countries, and entrenched human rights problems in others. In response to this growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights (ECHR). This article argues that these proposals should be understood not as ministerial changes in supranational judicial procedure, nor as resolving a debate over whether the ECtHR should strive for individual or constitutional justice, but rather as raising more fundamental questions concerning the Court's future identity. In particular, the article argues for recognition of ‘embeddedness’ in national legal systems as a deep structural principle of the ECHR, a principle that functions as a necessary counterpoint to the subsidiary doctrine that has animated the Convention since its founding. Embeddedness does not substitute ECtHR rulings for the decisions of national parliaments or domestic courts. Rather, it requires the Council of Europe and the Court to bolster the mechanisms for governments to remedy human rights violations at home, obviating the need for individuals to seek supranational relief and restoring countries to a position in which the ECtHR's deference to national decision-makers is appropriate.

162 citations


"Advocacy beyond litigation: Examini..." refers background in this paper

  • ...The pilot judgment procedure was clearly developed in no small part in response to the hundreds of similar non-execution cases emerging from Russia and a handful of other member states, which were overburdening the Court’s case docket (European Court of Human Rights, 2011; Helfer, 2008, p. 142)....

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Journal Article
TL;DR: In this paper, a more anthropological conception of culture provides a better picture of the localization process and foregrounds the role of activists who translate between global human rights ideas and local grievances.
Abstract: In the current era of human rights activism, the global production of human rights approaches to violence against women generates a wide variety of localization processes. Activists translate between global discourses and local contexts and meanings. Culture is conceptualized in quite different and sometimes contradictory ways in this process. Essentialized ideas of culture inhibit recognition of the potential contributions of local cultural practices and provide justifications for groups to resist these changes. This article shows, with reference to a case study of Fiji, that a more anthropological conception of culture provides a better picture of the localization process and foregrounds the role of activists who translate between global human rights ideas and local grievances. A notre epoque ou s’exprime l’activisme en faveur des droits de la personne, la production mondiale de demarches, de la perspective des droits de la personne envers la violence contre les femmes, engendre une grande diversite de processus de localisation. Les activistes circulent entre les discours mondiaux, et les contextes locaux et significations locales. Dans ce processus, la culture est conceptualisee de nombreuses facons tres differentes, parfois contradictoires. Les idees essentialisees de culture inhibent la reconnaissance des contributions potentielles qu’apportent les pratiques culturelles locales, et fournissent aux groupes des justifications leur permettant de resister a ces changements. Se referant a une etude de cas de Fidji, cet article montre qu’une conception plus anthropologique de la culture represente plus fidelement le processus de localisation, et fait ressortir le role des activistes qui circulent entre les idees mondiales concernant les droits de la personne, et les griefs locaux.

38 citations

Book
25 May 2009
TL;DR: Sperling et al. as discussed by the authors explored the effects of globalization on national governance and investigated the degree to which transnational institutions are themselves responsible to the people whose lives they alter.
Abstract: Is globalization good for democracy? Or has it made our governing institutions less accountable to citizens? Located at the intersection of international relations and comparative politics, this book explores the effects of globalization on national governance. Under what circumstances do the transnational forces that embody globalization encourage or discourage political accountability? Among the transnational forces discussed in the book are the International Monetary Fund, the World Bank, multinational corporations, the United Nations, private military contractors, peacekeepers, the European Court of Human Rights, and several transnational social movements. Using in-depth case studies of situations in which these transnational institutions interact with national governments and citizens, Valerie Sperling traces the impact of economic, political, military, judicial, and civic globalization on state accountability and investigates the degree to which transnational institutions are themselves responsible to the people whose lives they alter.

32 citations


"Advocacy beyond litigation: Examini..." refers background in this paper

  • ...Improving Russian judges’ and lawyers’ knowledge and use of the ECHR has been an area of considerable focus by Russian activist lawyers, international organizations and foreign donors working on implementation of European Court rulings (Sperling, 2009; pp. 256–266, Burkov, 2007; Burkov, 2010a; Kimer, 2011)....

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  • ...Valerie Sperling contends that over time, the impetus from ECtHR cases may in fact have spread to “have a salutary effect on the conduct of investigations across the board” (Sperling, 2009, p. 249)....

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  • ...It found that the Russian government had violated Burdov’s right to a fair hearing (Article 6) and his right to property (Article 1) (Sperling, 2009, p. 240, Leach et al., 2010, p. 348, Burdov v. Russia in European Court of Human Rights)....

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  • ...Relatives of the missing person typically appeal to the local prosecutor’s office to demand an investigation into the person’s disappearance, to no avail” (Sperling, 2009, p. 248)....

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  • ...…of considerable focus by Russian activist lawyers, international organizations and foreign donors working on implementation of European Court rulings (Sperling, 2009; pp. 256–266, Burkov, 2007; Burkov, 2010a; Kimer, 2011).3 The Council of Europe itself, the European Commission’s European…...

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