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The Evolution of the European Convention on Human RightsFrom Its Inception to the Creation of a Permanent Court of Human Rights$
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Ed Bates

Print publication date: 2010

Print ISBN-13: 9780199207992

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199207992.001.0001

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The Convention’s ‘Coming of Age’ (The 1990s and Protocol 11)

The Convention’s ‘Coming of Age’ (The 1990s and Protocol 11)

(p.432) 11 The Convention’s ‘Coming of Age’ (The 1990s and Protocol 11)
The Evolution of the European Convention on Human Rights

Ed Bates

Oxford University Press

The chapter examines the situation of the ECHR in the 1990s, up to 1998, when Protocol 11 entered into force. The first part addresses the higher profile of the ECHR system and its Court in the 1990s, and how the Court was increasingly seen as a type of quasi-constitutional court for Europe. It considers the important case of Loizidou v Turkey (Preliminary Objections), which had important implications for the status of the Convention's optional clauses and the right of individual petition. It also covers the early expansion of the Convention system, as new States from central and eastern Europe started to ratify the ECHR. Next, Protocol 11 is examined. It looks at the negotiation of the Protocol and what it established. A key issue here was the United Kingdom's reluctant acceptance that the right of individual petition should become a mandatory feature of the ECHR. The final part of the chapter addresses the circumstances in which the new, permanent Court of Human Rights was born. There were concerns as to how it could survive even before Protocol 11 entered into force and these are discussed.

Keywords:   ECHR, Protocol 11, right of individual petition, Loizidou v Turkey, new member States, European Court of Human Rights

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