Interim Relief Compared: Use of Interim Measures by the UN Human Rights Committee and the European Court of Human Rights

Abstract

The institution of interim measures is a powerful instrument to the human rights judiciary, and one of great practical significance. Interim measures safeguard the effectiveness of the human rights protection system by preventing particularly harmful violations that would not be reparable by a decision on the merits. This article undertakes a comprehensive comparison of the UN Human Rights Committee’s and the European Court of Human Rights’ use of interim measures. It argues that, while the practice of the Committee and the Court displays surprisingly strong similarities with respect to key issues, there exist some important procedural and substantive divergences which could arguably lead to forum shopping with respect to interim relief.

JEL Classification: K33