Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights

Abstract

The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR's rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court's rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR's judgments. Using case studies from the UK and Russia, this article identifies two factors that are critical for the domestic implementation of the Court's rulings: strong domestic, democratic institutions dedicated to implementing the ECtHR's judgments and an overarching sense of responsibility to set a good example at home and abroad for respecting human rights and the rule of law. This article concludes with a discussion of the steps necessary to facilitate better implementation of the ECtHR's rulings. © 2012 Springer Science+Business Media B.V.