The European Convention of Human Rights Regime: Reform of Immigration and Minority Policies from Afar

This book explores how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. It argues that a fundamental transformation of the Convention system has been under way, with repeat and strategic litigation, shifting methods of supervision, and the growing engagement of civil society and non-governmental actors prompting human rights experimentalism. This has profound implications for the legitimacy, effectiveness, and further reform of the ECHR system.

Format: Hardback
Length: 288 pages
Publication date: 27 October 2022
Publisher: Taylor & Francis Ltd

This book delves into the intricate interplay between the European Convention on Human Rights (ECHR) system and the Strasbourg Court, exploring their impact on domestic change. In response to the surge in litigation since the 1990s, it examines how these institutions interact with states and non-governmental actors to shape policy and legislation. Through a comprehensive analysis of European Court of Human Rights (ECHR) litigation and state implementation of judgments related to minority discrimination and asylum/migration, the book argues that a fundamental transformation of the ECHR system is underway.

Repeat and strategic litigation, coupled with shifting methods of supervision and state implementation to remedy systemic violations, has sparked a distinctive trend of human rights experimentalism. This trend is characterized by the growing engagement of civil society and non-governmental actors, who use the ECHR system as a platform to advocate for their rights and press for domestic legal and policy change.

The emergence of experimentalism has profound implications for the legitimacy, effectiveness, and further reform of the ECHR system. This study offers an original constitutive account of regional human rights regimes and how societal actors activate them to claim rights, advance case law, and exert pressure for domestic legal and policy transformation.

This book will appeal to a wide range of scholars, including international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as those interested in the human rights of immigrants and minorities. By examining the complex dynamics between the ECHR system and domestic actors, it sheds light on the evolving landscape of human rights protection and offers valuable insights into the future of international human rights law.

Weight: 690g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032188300