Rewriting Human Rights Decisions
Edited by Eva Brems and Ellen Desmet
Chapter 3: Standing alone or together: the Human Rights Committee’s decision in AP v Russian Federation
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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