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

Description

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities. Cover Endorsements Half Title Series Page Title Page Copyright Page Table of Contents List of illustrations Acknowledgments 1. Minorities and migrants in the Strasbourg Court 2. Transnational litigation and human rights experimentalism 3. From politics to law: ECHR reform and legal opportunities PART I: Litigation and legal mobilization 4. Seeking protection of minorities and victims of armed conflict 5. Legal strategies for migrants’ rights and policy change PART II: Judgment implementation and domestic reform 6. Tackling Roma segregation in education 7. Pressuring for asylum and immigration detention reform 8. The ECHR as an experimentalist governance regime Annex: A note on methodology and data collection References Index