The rule and human rights protection

Abstract

The rule of local remedies has been expressly incorporated, as has been seen in Chapter 3, in the European Convention on Human Rights (ECHR), the American Convention on Human Rights (the ‘American Convention’) and the International Covenant on Civil and Political Rights (ICCPR). That domestic remedies must have been exhausted ‘according to the generally recognized rules of international law’ is a requirement of admissibility under these Conventions, as is exemplified by Articles 26 and 27(3) of the former European Convention (see Article 35(1) of the new Convention). Because the application of the rule of domestic remedies to the protection of human rights under the European Convention is conventional, it is important to understand how the Convention which provides for such protection has been interpreted. The approach taken by the European Commission of Human Rights (EComHR) and the European Court of Human Rights (ECtHR) in some of the leading cases decided by them is illustrative. There are a few cases of the Inter-American Court of Human Rights (IACHR) which may also be considered. The application of the rule by the IACHR is directly conventional. The UN Human Rights Committee (HRC) has also applied the rule. The Inter-American Commission of Human Rights (IAComHR) has applied the rule directly or indirectly on account of international agreement.