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Child and many others. After describing the work of Czech NGOs on the national
level, the author focuses on their international work. And naturally, the part I enjoyed
the most was the part on the success of Czech NGOs in cases before the European
Court of Human Rights. There were at least 11 Czech cases with NGO involvement,
and, with the exception of the two of them, the applicants always won. But as the
author specifies, the actual number may be even higher, because many other cases
could actually be a part of the strategic litigation of NGOs (p. 175).
I am a fan of legal NGOs because the lawyers who work for them are usually
terrific. But on the other hand, I share the author’s view on risks brought by the
strategic litigation of NGOs, namely a certain level of separation from the actual
client in the case and a degree of inability to conduct a dialogue with the decisive
actors on the domestic level. And mainly, the author is spot on in stressing that
one win in court is not enough. The aftermath of the
D. H. and others v. the Czech
Republic
13
case fully supports that.
5. So, is it a must-have?
Every legal book with more than one author cannot have one-voice. Especially, if
the authors have various background, legal practice and, in the case of this book, they
even come from different countries. For this reason, the book speaks with multiple
Czechoslovak voices. But I think that every character of this human rights story has
his or her important role. And apart from other collective monographs, I did not
find that the voices speak with an unbearably varying quality, not allowing me to
understand what they are saying.
The book is complex. It covers the life of international human rights treaties in
domestic law from the moment of their conception (negotiation) and birth (ratification),
to growing up and becoming a member of the legal community (implementation in
domestic law), being the pillars and safeguards that the community does not break up
(application by courts) and keeps good health when attacked by a contagious disease
(the work of NGOs). Even after my bad experience in the criminal case described
above, this book affirmed my belief that international human rights treaties do have
a point. And to answer the question raised above: Yes. If you are a fan of international
human rights law, the book is a must-have.
Martin Kopa*
13
The Grand Chamber judgment of the European Court of Human Rights in case
D. H. and others v. the
Czech Republic
, no. 57325/00, 13. 11. 2007.
*
Martin Kopa, JUDr., Ph.D.
(Palacky University) is a senior lecturer, Department of Constitutional Law,
Palacky University in Olomouc (Czech Republic). Law Clerk, Constitutional Court of the Czech Republic.
Needless to say all omissions and errors remain mine, and views expressed in this review are strictly my own.
This book review is one of the outcomes of grant project no. IGA_PF_2015_005 (Self-restraint of judiciary
in review of constitutionality of interferences with fundamental rights).