Is the European Convention on Human Rights Sufficiently Equipped to Cope with Gross and Systematic Violations?

Abstract

This article first examines the response of the supervisory system of the European Convention on Human Rights to gross and systematic violations of human rights during the past four decades. In the light of this rather disappointing experience, it then considers whether the institutional reforms of the supervisory system that are currently being implemented are likely to ensure a more adequate response to such violations in the future. It concludes that in particular the new Protocol No. 11 to the Convention is likely to have a positive impact because it eliminates the judicial role of the Committee of Ministers and it renders compulsory the jurisdiction of the new single Court. However, the strengthened judicial character of the new system may also make states more reluctant to use the inter-state procedure. Further reforms are therefore needed to enable the Court to act proprio motu.