How “Systematic” is the European Court of Human Rights’ Approach to “Systemic” Violations of the Convention?

Abstract

In analyzing the mission of the European Court of Human Rights, it is common to distinguish between what is akin to “individual justice” and what is more akin to “constitutional justice.” The way in which the Court combines the two depends on its “judicial policy.” In this contribution, we will examine how the “systemic” nature of the violations complained of affects the “judicial policy.”

Keywords

• Judicial policy
• systemic
• structural