NDLI: How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

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How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

Content Provider	SAGE Publishing
Author	Baranowska, Grażyna
Copyright Year	2023
Abstract	The concept of ‘continuing violation’ allows reviewing applications concerning effects of violations that started before a treaty came into a force with regard to a state that allegedly committed the violation. This article analyses how the UN Human Rights Committee has recently approached two communications concerning continuing violations that occurred in the 1930s and 1940s (K.K. and Others v Russia; F.A.J. and B.M.R.A. v Spain). It critiques the fact that the Committee has introduced an additional qualification to its case law on continuing violations, namely that it has no jurisdiction over the violations with continuing effect, when underlying violations happened in the ‘very distant past’. The article argues that communications raising violations of the families of forcibly disappeared persons – at least these brought by their children – should not be ruled inadmissible because of time constraint since the disappearances. Lastly, the article reveals a tacit influence of the European Court of Human Rights on the Committee in the analysed case law.
Related Links	https://journals.sagepub.com/doi/pdf/10.1177/09240519231171515?download=true
Starting Page	97
Ending Page	114
Page Count	18
ISSN	09240519
Issue Number	2
Volume Number	41
Journal	Netherlands Quarterly of Human Rights (NQH)
e-ISSN	22147357
DOI	10.1177/09240519231171515
Language	English
Publisher	Sage Publications UK
Publisher Date	2023-04-26
Publisher Place	London
Access Restriction	Open
Rights Holder	© The Author(s) 2023
Subject Keyword	enforced disappearances human rights committee temporal scope of justice distant past continuing violations European Court of Human Rights historical memory ratione temporis
Content Type	Text
Resource Type	Article

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