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Words: | Submitted: Mon Jun 19 2006
... means of Protocols 3. What makes the Convention a milestone in the development of human rights and of international law, is the creation of a supranational mechanism of control and enforcement of these rights and the fact that individuals are afforded a machinery for the implementation of their human rights whenever there is a failure on the national level to protect them. This revolutionary concept was encapsulated under Art 25 of the Convention, provided some standing to individuals, groups of individuals and NGOs in an era where only sovereign states normally had standing in international law, and had provided an excellent paradigm for other instruments to follow and implement However it has to be pointed out from the outset that the Convention's machinery for the enforcement of such rights is only subsidiary to that of domestic jurisdictions. This structure resulted from the need to compromise between the creation of ...
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