Whither judicial Europeanization? The case of the Race Equality Directive

Hermanin, Costanza

doi:10.4337/9781783479900.00022

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“…Asylum seekers who are subjects of suspicion across Europe and terrorist suspects who are targets of overt hostility enforce their rights to be free from torture not because judges are particularly sympathetic to their plight, but because support from a range of civil society organizations, legal professionals, and even elected or politically appointed officials helps them to substantiate their legal claims and litigate through multiple hierarchies of appeals. The centrality of support structures to sustaining legal mobilization is consistent with research on domestic and international venues concerning different policy areas and a range of rights (Hermanin ; Sikkink ; Vanhala ; Cichowski ; Conant ; Alter and Vargas ; Epp ).…”

Section: Resultssupporting

confidence: 70%

Who Files Suit? Legal Mobilization and Torture Violations in Europe

Conant¹

2016

Law & Policy

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The European Court of Human Rights (ECHR) is the most active international court. After decades with few allegations of human rights abuses, the ECHR docket expanded in the 1990s. Paradoxically, long‐standing democracies can have standardized violation rates of the prohibition against torture that compare to transitional democracies that struggle to protect rights. Yet it is implausible that human rights abuses increased or that established democracies engage in more torture than new democracies. Instead variations in legal mobilization generate the surge and puzzling distribution of European judgments. I argue that discrepancies between the incidence of torture and litigation reflect variations in support structures, where declared violations can reflect the level of support that individuals receive in pursuing claims rather than the incidence of torture. This dynamic is most pronounced for foreign nationals, who typically possess fewer resources than citizens to access legal institutions and encounter popular and official hostility. As a result, much European litigation concerning torture in long‐standing democracies is transnational in character.

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Section: Resultssupporting

confidence: 70%

Who Files Suit? Legal Mobilization and Torture Violations in Europe

Conant¹

2016

Law & Policy

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show abstract

Whither judicial Europeanization? The case of the Race Equality Directive

Cited by 1 publication

References 0 publications

Who Files Suit? Legal Mobilization and Torture Violations in Europe

Who Files Suit? Legal Mobilization and Torture Violations in Europe

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