TY - JOUR

T1 - Enforcing Rights Beyond Litigation

T2 - Mapping NGO Strategies in Monitoring ECtHR Judgment Implementation

AU - Küçüksu, Aysel

PY - 2022

Y1 - 2022

N2 - Whilst the mobilisation practices of human rights organisations before the European Court of Human Rights have amassed a significant volume of scholarship, the interest in their role in the post-judgment process pales in comparison. This article seeks to contribute to the reversal of this trend by shining a light on Rule 9 of the Rules of the Committee of Ministers, which establishes an official avenue for NGOs and NHRIs to participate in the execution, as opposed to the litigation, of ECtHR decisions. Since its adoption in 2006, the procedure has led to 882 HRO communications and 346 government responses in 356 different cases. This article offers a qualitative empirical study of them. It combines abstract insights from observing patterns at the global level with specific insights from the close reading of the interventions, thereby providing an unprecedented look into the invaluable contribution NGOs and NHRIs make to the ECtHR judgment implementation process. It argues that these organisations resort to activation, contextualisation, and pragmatic strategies in pursuit of one overarching goal: preventing the premature closure of international supervision of a case. The article helps complete the picture of NGO and NHRI participation in the ECHR implementation architecture.

AB - Whilst the mobilisation practices of human rights organisations before the European Court of Human Rights have amassed a significant volume of scholarship, the interest in their role in the post-judgment process pales in comparison. This article seeks to contribute to the reversal of this trend by shining a light on Rule 9 of the Rules of the Committee of Ministers, which establishes an official avenue for NGOs and NHRIs to participate in the execution, as opposed to the litigation, of ECtHR decisions. Since its adoption in 2006, the procedure has led to 882 HRO communications and 346 government responses in 356 different cases. This article offers a qualitative empirical study of them. It combines abstract insights from observing patterns at the global level with specific insights from the close reading of the interventions, thereby providing an unprecedented look into the invaluable contribution NGOs and NHRIs make to the ECtHR judgment implementation process. It argues that these organisations resort to activation, contextualisation, and pragmatic strategies in pursuit of one overarching goal: preventing the premature closure of international supervision of a case. The article helps complete the picture of NGO and NHRI participation in the ECHR implementation architecture.

U2 - 10.1093/hrlr/ngac013

DO - 10.1093/hrlr/ngac013

M3 - Journal article

VL - 22

SP - 1

EP - 24

JO - Human Rights Law Review

JF - Human Rights Law Review

SN - 1461-7781

IS - 2

ER -