Full Description
From Rights to Remedies examines the mechanisms of how international human rights decisions are implemented at the national level. It analyzes the strategies and structures - including the executive branch, legislatures, and domestic courts - that can promote or thwart implementation. By providing recommendations, model laws, and case studies, From Rights to Remedies offers a roadmap to more effective domestic implementation of rulings by international human rights institutions.
Contents
Acknowledgments
Abbreviations
Executive Summary
I. Introduction
A Success Story: A.S. v. Hungary
Rights Require Remedies: Importance of Implementation Structures
Structures, Strategy, and Compliance
Outline of the Report
II. Managing Ministries: Executive Level Mechanisms
Introduction
Office of the Government Agent
Effective Ministerial Arrangements
"Everyone's Task Is Nobody's Task": Inter-Ministerial Committees Recommendations
III. Bringing Parliaments In: Legislators as Implementers
Introduction
Why Parliaments?
National Implementation Legislation
Parliamentary Human Rights Committees
Reporting Procedures
Questioning Ministers
Recommendations
IV. Justice at Home: Domestic Courts and Judges
Introduction
Courts as Implementers
Monitoring Units and Oversight Mechanisms
Maximizing Domestic Judicial Forums: Enforcement Litigation
Courts to Courts: Transnational Judicial Dialogue
Recommendations
V. Implementation Partners: National Human Rights Institutions
Introduction
The Rise of New Inter/National Actors
Building Frameworks for NHRI Participation
Implementation Facilitators
Recommendations
VI. Conclusion
Notes
Appendices
Appendix I: Executive Decrees and Orders
• United States Executive Order 13107 (December 10, 1998)
Implementation of Human Rights Treaties
• Republic of Mali, Decree No. 09-049/PM-RM DU (February 12, 2009)
• Republic of Cameroon, Arrete No. 081 CAB/PM
(April 15, 2011)
• Russia Decree No. 657 (May 20, 2011)
On the Monitoring of Law Enforcement in the Russian Federation
• Implementation Form of ECtHR Judgments, United
Kingdom Ministry of Justice, Human Rights Policy Team
Appendix II: Implementation Legislation
• Colombia Law No. 288 (July 5, 1996)
• Peru Law No. 27.775 (June 27, 2002)
On the Enforcement of Judgments and the Application of the Case Law of the European Court of Human Rights
• Italy Law No. 12 (January 19, 2006)
Provisions on the Implementation of the Decisions of the European Court of Human Rights
Appendix III: Parliamentary Joint Committees on Human Rights
• Parliament of The United Kingdom of Great Britain,
Standing Orders of the House of Commons
—Public Business 2002(2) § 152B
• Guidance for Departments on Responding to Court
Judgments on Human Rights, HL Paper 85/HC
• Parliament of Australia, Human Rights (Parliamentary Scrutiny) Act 2011, No. 186 (December 7, 2011)
Appendix IV: National Human Rights Institutions
• GA Resolution 48/134 (December 20, 1993)
—Principles Relating to the Status of National Institutions
(The Paris Principles)
