نوع مقاله : مقاله علمی- پژوهشی مستقل
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، واحد تهران شمال، دانشگاه آزاد اسلامی، تهران، ایران.
2 نویسنده مسئول، دانشجوی دکتری حقوق بین‌الملل، دانشکده حقوق، الهیات و علوم سیاسی، دانشگاه آزاد اسلامی واحد علوم و تحقیقات، تهران، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The European Court of Human Rights (ECtHR) was established in 1959 as a supervisory institution of the European Convention on Human Rights to inspect lawsuits that fall under the jurisdiction of this court per this Convention and the Protocols annexed thereto. One of the characteristics of this court, which was established following the ratification of Protocol No. 9 of the Convention, is the ability for individuals to file lawsuits against states that are members of this Convention. The Convention and Protocols, when examined, do not specifically state that stateless individuals may file lawsuits, regardless of the case’s subject. Moreover, this court does not have jurisdiction over the issue of nationality. Accordingly, the question that arises is how stateless individuals can file lawsuits at the ECtHR, and can special cases of statelessness be brought to this court, given that the concept of nationality is not within the subject-matter jurisdiction of the court. It appears that this court does not have the authority to investigate matters related to statelessness, but that does not prevent it from doing so in relation to lawsuits brought by those who are stateless. A descriptive and analytical investigation into the ECtHR’s subject-matter jurisdiction discovered that, in addition to the court’s jurisdiction to investigate lawsuits by stateless individuals, special cases of statelessness such as denationalization imposed by states as degrading punishment can be included within the court’s jurisdiction.
کلیدواژه‌ها [English]
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