Title: The right of access to justice for individual victims of human rights violations by international organizations.
Other Titles: Het recht op toegang tot de rechter voor particulieren geconfronteerd met mensenrechtenschendingen door internationale organisaties.
Authors: Schmitt, Pierre
Issue Date: 16-Oct-2015
Abstract: Individual human rights (political, civil, but also economic, cultural and social) may be threatened or violated through the actions, operations or policies of international organizations. Prior to any determination of responsibility of international organizations, one has to analyze whether international organizations are bound by human rights obligations. In international law – as in any legal system – the protection of human rights can only be guaranteed by the availability of effective judicial remedies. Access to justice has fundamental importance for injured individuals. However, except for particular cases, no independent and impartial international court has yet been established before which private individuals can file claims against the international organizations. An individual claimant who wants to challenge an act of an international organization has often no other option than to seek a remedy before national courts, which are barred from adjudicating such claims because of the immunity of jurisdiction enjoyed by international organizations. The purpose of the doctoral project is to identify an effective articulation of the right of access to justice for individuals facing human rights violations by international organizations. This requires analyzing these notions from a theoretical point of view and assessing the different dispute-settlement mechanisms in order to concretize the right of access to justice for individuals. If no dispute-settlement mechanism has been established by the international organization and if the immunity is not waived by the international organization itself, the question arises whether national courts should be entitled to reject the immunity of international organizations.
Publication status: published
KU Leuven publication type: TH
Appears in Collections:Leuven Centre for Global Governance Studies
Institute for International Law

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