21/04/2016

Les d├ęcisions Perez et Klausecker rendues par la CEDH

L’érosion de l’obligation, pour les Etats membres, de garantir le droit d’accès au juge au sein des organisations internationales ?

See here for a critical commentary Ms. Anne-Marie THEVENOT-WERNER on two recent ECHR judgments that concern violations of human rights in international government organisations. The article is in French.

Résumé

In its decisions Perez and Klausecker rendered on 6 January 2015, the European Court of Human Rights reaffirms its case law derived from the decisions Waite and Kennedy and Bosphorus. However, the way it applies the principles allowing the Court to engage a State’s responsibility for violations of the human rights protected by the European Convention on Human Rights may lead to an erosion of the obligation of a State to protect these rights, as the Court seems to require implicitly their protection to be “manifestly deficient”, including in the framework of the proportionality test developed in the decision Waite and Kennedy. In the end, the Court protects in any way possible the autonomy of International Organisations. This might lead however to the hardly desirable consequence that International Organisations and their Member States are free not to apply the same standard of human rights protection as the Convention offers to acts and omissions of the Organisation – even to Organisations where all Member States are a Party to the Convention.