The power of human rights tribunals: Compliance with the European Court of Human Rights and domestic policy change

Abstract:

When international human rights tribunals like the European Court of Human Rights find states responsible for human rights abuses, they ask governments to pay reparation to the victims, engage in symbolic measures, and enact the policy changes necessary to ensure that the violations do not recur. This article considers the conditions under which states comply with these rulings, especially when the tribunals are unable and often unwilling to provide strict enforcement. This article extends current theories about the domestic politics of compliance with international human rights law to the case of the European Court of Human Rights. This article analyzes a new, hand-coded data set on states’ compliance with over 1000 discrete obligations handed down by the European Court of Human Rights that ask states to change their human rights policies. The results of these analyses suggest that robust domestic institutions, particularly executive constraints, are the key to compliance with the European Court of Human Rights. When domestic institutions enforce the Court’s rulings, the results can be significant changes in states’ human rights policies and practices.