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Abstract
The social psychological theory of procedural justice emphasizes the fundamental importance of procedural fairness judgments in shaping citizens' satisfaction and compliance with the outcome of a legal process and in strengthening the legitimacy of legal institutions. This article explores the benefit of applying procedural justice criteria (participation, neutrality, respect, and trust) in human rights adjudication, with a particular focus on the European Court of Human Rights (ECtHR). It is argued that the ECtHR should take these criteria into account both at the level of its own proceedings and in evaluating how human rights have been dealt with at the domestic level.
I. Introduction
Human rights adjudicating bodies have been entrusted with the final say on matters that by definition are fundamental for human beings: freedom, equality, and dignity. Hence, strengthening these bodies' capacity to deliver justice in a way that strengthens their legitimacy as well as overall "customer satisfaction" is important. The article takes this perspective when exploring the concept of "procedural justice" in the context of human rights adjudicating bodies in general, and the ECtHR in particular.
The concept of procedural justice (sometimes called "procedural fairness") was developed by American social psychology researchers and has gained worldwide recognition.1 Its central empirical finding is that in people's contact with the law, they care not only about the outcome of their case, but also about the way in which it is handled.2 In fact, the perception of procedural justice (was the case dealt with in a fair manner?) is a more significant factor determining the perception of the legitimacy of the institution concerned, than the perception of distributive justice (was the outcome of the case fair?).
The ECtHR in Strasbourg is arguably the world's strongest and best functioning supranational human rights adjudicating body. It rules on allegations of violations of the European Convention on Human Rights (ECHR) and its additional protocol committed by any of the forty-seven member states of the Council of Europe.3
First, this article will highlight crucial findings of empirical research on procedural justice and its effects, and discuss specific procedural justice requirements that apply to court procedures. Then the article will consider the relevance of procedural justice for human rights adjudicating bodies in general and for the ECtHR in particular....