Interim Measures Requested before International Courts and International Quasi-Judicial Bodies in the Protection of Human Rights: Do they also Protect the Right to Participate in Public Affairs?

Abstract

The adoption of precautionary measures by international courts and the indications regarding their adoption by quasi-judicial bodies in the protection of human rights have been a fundamental element in guaranteeing effective judicial protection of individual rights recognized in International Human Rights Treaties. However, the exceptional and urgent character of these measures, the indeterminacy of the requirements for their adoption, and the discussions on their legal nature have raised a number of problems in practice. These issues are being resolved on the basis of the case law originating from these courts and bodies, which will inevitably lead to the existence of certain particularities with respect to the solutions offered according to the given system of human rights protection. In fact, one of these particularities concerns the material scope of protection. The present contribution focuses on the adoption of precautionary measures in the protection of political rights, particularly with regard to the right to take part in the conduct of public affairs, on which the various international human rights protection systems have unique positions.