Document Type : Research Paper
Authors
1 PhD students at the Faculty of Law of Allameh tabatabaei university
2 Faculty of Law and Political Science, Allameh Tabataba'i University
Abstract
Identifying the concept of the legal interest and ascertaining the “ interested party ” are amongst the most critical responsibilities for any judicial body. The term interested party is attributed to an individual or entity with a legal interest in initiating legal proceedings. The European Convention on Human Rights, as a legal instrument cited by the European Court of Human Rights (“ECtHR”) in Articles 33, 34, and 35, outlines the scope and specification of the right holders seeking to appear before the court. The present article aims to explore the extent to which the ECtHR’s initiative has influenced the conceptual and practical development of the notion of interested party. It also delves into the underlying principles and justifications that have served as the foundation for this procedural transformation. A comprehensive analysis of the judicial practice of the ECtHR reveals noteworthy innovations in the court's perspective on the concept of the interested party. These innovations are derived from the fundamental principles of human rights, legal techniques, and a comprehensive comprehension of the current social transformations. This article revisits the concept of interested party utilizing the library resources and decisions issued by the ECtHR, in addition to employing an analytical-descriptive methodology.
Keywords
- ECtHR
- Interested Party in ECtHR
- Victim of Human Rights
- Practice of the ECtHR
- Development of the Concept of Interested Party
Main Subjects
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