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 11: Rewriting CLR on behalf of Valentin Câmpeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability

Rewriting Human Rights Decisions

Helena De Vylder

Abstract

Centre for Legal Resources on behalf of Valentin Câmpeanu v Romania concerned Valentin Câmpeanu, a mentally disabled young adult of Roma ethnicity, abandoned by his family, who died in a psychiatric hospital. The case received much attention because the European Court of Human Rights exceptionally accepted that an NGO may in very specific circumstances have standing to submit an application on behalf of the person directly affected by a human rights violation, even though this person had not given the NGO power of attorney. This chapter criticizes the casuistic and restrictive approach to standing and seeks to integrate disability rights, in particular the access of disabled persons to justice. To this end, the chapter draws lessons from the way the African Commission on Human and Peoples’ Rights deals with the admissibility ratione personae of a petition. Next, it is proven that this way of dealing would not be a radical change from the ECtHR’s current way of dealing with disabilities.

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