Integrated Human Rights in Practice
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Integrated Human Rights in Practice

Rewriting Human Rights Decisions

Edited by Eva Brems and Ellen Desmet

This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
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Chapter 3: Standing alone or together: the Human Rights Committee’s decision in AP v Russian Federation

Rewriting Human Rights Decisions

Gerald L Neuman


This chapter offers a rewritten and updated version of the Human Rights Committee’s inadmissibility decision in AP v Russian Federation, which dismissed a challenge by a would-be candidate to his inability to run as an independent in the 2007 parliamentary election. The rewrite situates the case more fully in comparative electoral practices, and gives explicit attention to regional human rights materials, including the case law of the Inter-American Court of Human Rights and also a judgment rendered by the African Court on Human and Peoples’ Rights after the Human Rights Committee’s decision. The accompanying chapter comments on both advantages and disadvantages of using comparative data in treaty body jurisprudence, and on reasons why treaty bodies might exercise caution and tact in engaging with regional human rights decisions.

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