NGOs under European Convention on Human Rights / Tymofeyeva

INTRODUCTORY REMARKS Non-governmental organisations 1 (hereinafter also referred to as ‘NGO’) occupy increasingly important positions in international law. Together with international inter-governmental organisations, they work on the implementation of a large number of tasks in a worldwide sphere. 2 Information provided by NGOs becomes vital for the functioning of the Economic and Social Council and other bodies of the United Nations, 3 for the Organization of American States, 4 the Council of Europe (hereinafter also referred to as the ‘CoE’) 5 and for other organisations. 6 One of their most important capacities is an ability to stand before international courts and commissions on human rights protection. NGOs are able to contribute to proceedings within the European and the Inter-American human rights mechanisms as well as in the African system on protection of fundamental human rights. 7 In the present study, the author will primarily concentrate on the status of non governmental organisations derived from the Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter also referred to as the ‘Convention’), 8 in the proceedings before the European Court of Human Rights (hereinafter also referred to as the ‘Court’) as well as in some older cases before the European Commission on Human Rights (hereinafter also referred to as the ‘Commission’). In its Article 34, the Convention enables any non-governmental organisation to submit complaints to the Court. An analysis of the Convention and the case-law of the Court confirms that the phrase ‘non-governmental organisation’ has a special meaning in the framework of this Council of Europe treaty, which is different from the definition of an ‘NGO’ in the other international instruments and in the theory of international law. 1 Words “organisation” and “organization” are synonyms in this text. The author uses different spelling dependent of how it is spelled in a particular international treaty or the other sourse. Moreover, diffeent spelling are sometimes in the different publications of the same international treaty. For example, older versions of the European Convention on Human Rights contained the expression “nongovernmental organsation”. The modern version uses a hyphen in this phrase, namely “non governmental organsation”. In this text, therefore, the author utilises this new spelleing. 2 REBASTI, E., VIERUCCI, L. A. Legal Status for NGOs in Contemporary International Law? URL: accessed 22 July 2015. 3 Consultative relationship between the United Nations and non-governmental organisations E/RES/1996/31 adopted on 25 July 1996. 4 Strategies for Increasing and Strengthening Participation by Civil Society Organizations in OAS Activities. CP/RES. 840 (1361/03) adopted on 26 March 2003. 5 Resolution (93) 38 On Relations between the Council of Europe and International Non-Governmental Organisations (adopted by the Committee of Ministers on 18 October 1993, at the 500th meeting of the Ministers’ Deputies). 6 See REBASTI, cited above, and EU Progress program on cooperation of the European Comission with NGOs. 7 MAYER, L. H. NGO standing and influence in regional Human Rights Courts and Commissions , Brooklyn Journal of International Law, Vol. 36, 2011. 8 The European Convention on Human Rights of 4 November 1950 is available from http://www.echr. coe.int/NR/rdonlyres/D5CC24A7-DC13-4318-B457-5C9014916D7A/0/Convention_ENG.pdf.

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