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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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Civil and Political Rights

Civil and Political Rights

(p.149) IV Civil and Political Rights
The Reception of International Law in the European Court of Human Rights

Magdalena Forowicz

Oxford University Press

The enactment of the Covenant on Civil and Political Rights and its First Optional Protocol provided additional options to the individual applicant seeking redress for the wrongs suffered. At the same time, these instruments also gave rise to a troublesome co-existence between the European Court of Human Rights and the United Nations Human Rights Committee. The references to the ICCPR in the Strasbourg case law can be sub-divided into two different trends. The first trend deals with the necessary references prompted by structural or procedural reasons, namely the co-existence of both systems. The second trend includes cases where the Strasbourg bodies referred to the ICCPR in order to clarify or to harmonize the ECHR with the Covenant. While the former trend was generally marked by a high reception level, the latter strand followed an uneven evolution.

Keywords:   Human Rights Committee, co-existence, litispendence, ICCPR, Covenant

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