Procedural Justice in Human Rights Adjudication: The European Court of Human Rights

The social psychological theory of procedural justice emphasizes the fundamental importance of procedural fairness judgments in shaping citizens' satisfaction and compliance with the outcome of a legal process and in strengthening the legitimacy of legal institutions. This article explores the...

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Bibliographic Details
Published in:Human rights quarterly 2013-02, Vol.35 (1), p.176-200
Main Authors: Brems, Eva, Lavrysen, Laurens
Format: Article
Language:English
Subjects:
Behavior
Benefits
Case law
Citizen participation
Citizens
Citizenship
Compliance
Courts
Courts of law
Criteria
Distributive justice
Domestic violence
Equity
Europe
European Court of Human Rights
Human Rights
Human rights violations
International Court
Judges
Judicial power
Judicial process
Justice
Legal judgments
Legitimacy
Litigation
Neutralism
Neutrality
Procedural justice
Psychological Theories
Public opinion
Satisfaction
Social justice
Social psychology
Software applications
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Summary:The social psychological theory of procedural justice emphasizes the fundamental importance of procedural fairness judgments in shaping citizens' satisfaction and compliance with the outcome of a legal process and in strengthening the legitimacy of legal institutions. This article explores the benefit of applying procedural justice criteria (participation, neutrality, respect, and trust) in human rights adjudication, with a particular focus on the European Court of Human Rights (ECtHR). It is argued that the ECtHR should take these criteria into account both at the level of its own proceedings and in evaluating how human rights have been dealt with at the domestic level.
ISSN:0275-0392
1085-794X
1085-794X
DOI:10.1353/hrq.2013.0000