Changing society in international courts: the complicated roles of NGOs before the European court of human rights

This thesis examines the role of NGOs before the European Court of Human Rights (ECtHR), drawing on interview data with a variety of stakeholders. It is often assumed that NGOs enhance the function of international courts to solve disputes, process cases efficiently, and foster the development of...

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Bibliographic Details
Main Author: Kimura, G
Format: Thesis
Language:English
Published: 2023
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Summary:This thesis examines the role of NGOs before the European Court of Human Rights (ECtHR), drawing on interview data with a variety of stakeholders. It is often assumed that NGOs enhance the function of international courts to solve disputes, process cases efficiently, and foster the development of international law. Above all, NGOs are often said to play a re-distributive role: supporting the comparatively less powerful applicants (typically human rights victims) and thereby advancing social change. Against this backdrop, this thesis makes use of empirical research in an attempt to present a more nuanced picture of the role of NGOs than the above narrative alone may suggest. Taking the ECtHR as a field of research, this thesis explores the gap between the prevailing narratives and the reality of NGOs’ activities before the ECtHR. Deploying the sociological framework suggested by Anthony Giddens, the author focuses on the daily routines of players before the ECtHR, rather than their discourses alone, in an attempt to to understand and reveal hidden social dynamics. The author conducted interviews with a variety of stakeholders, including activists of large NGOs but also activists of smaller NGOs as well as Registry lawyers working at the ECtHR. The empirical data reveals a complicated, interdependent Court-NGO relationship which differs from the expected narrative. The data suggests that Large NGOs, under the pressure from the Court to provide ‘useful’ information and maximise its efficiency, seek an interdependent relationship through third-party interventions, despite the acknowledged unlikelihood of influencing the Court’s jurisprudence, while smaller NGOs lack the resources necessary to build this type of interdependent relationship with the Court and consequentially face a diminished role, to the detriment of the ECtHR’s human rights objectives.