Folkrättsligt skydd av rätten till domstolsprövning
Sammanfattning: The thesis takes a comprehensive approach to its subject, the protection of the right of access to court in public international law. Thus relevant regulations in international human rights and humanitarian law instruments, their interlaced origins, and the decisions and case law (practice) of the supervisory bodies of the instruments have been studied.The principle of access to court, and the threshold criteria that must be met in order to apply the principle, have primarily been interpreted under Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The thesis covers this, and also other international instruments such as the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), as well as regional human rights instruments and relevant regulations in humanitarian law.The thesis traces the development of the applicable rules in ECHR, UDHR and ICCPR, and compares the historical intentions of the rules and the subsequent practice by the supervisory organs. Besides giving a background to the difficulties in applying the right of access to court as regulated by international instruments, the purpose is to try to ascertain whether the supervisory bodies have applied interpretations that lie within the interpretive latitude of the treaty texts.Finally, the thesis turns to two current problem areas regarding the right of access to court, namely national implementation of the international obligations, and the application of the principles in situations where national security is threatened.
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