NGOs under European Convention on Human Rights / Tymofeyeva

Every rule has exceptions to it. This is true also for the doctrine of international law, which is not a monolith and includes different understandings of the same term. For instance, at the international law level, A.K. Lidblom notes in her monograph that, although most international instruments exclude political parties from the definition of ‘NGO’, the European Convention on Human Rights is an exception to this rule. 35 This international treaty also deviates from the requirement that an NGO has to be not-for-profit. Furthermore, the European Court of Human Rights does not always require the legal existence of an applicant NGO. Consequently, the concept of ‘NGO’ under the doctrine of international law varies in meaning among some international treaties. For this reason, let us conduct a brief study on how the term ‘NGO’ is understood in international treaties all over the world, from the universal to the regional level. This will enable us to determine whether to 1) confirm the theory that NGOs in the European Convention have an exceptional legal standing or 2) come to the opposite conclusion, namely, that business companies, political parties and different unions of people without a formal registration under national law are also considered to be ‘non-governmental organisations’ in general. 1.1.2 Universal human rights documents Let us have a look on how the term NGO is explained in international treaties and documents on the world wide level. The most important United Nations (hereinafter also referred to as the ‘UN’) document, which is essential for the functioning of the whole global society, the so-called “Constitution of international law”, 36 is the Charter of the United Nations (hereinafter also referred to as the ‘UN Charter’). 37 In its Article 71, the UN Charter envisages that the Economic and Social Council (hereinafter also referred to as the ‘ECOSOC’) 38 may make suitable arrangements for consultation with non-governmental organisations that are concerned with matters within its competence. The UN Charter requires that these arrangements should take place only after discussion of the issue with the concerned member states of the United Nations. From the text of this provision itself, it is difficult to give any specific definition of ‘NGO’. We can find more details in the Resolution of the ECOSOC No. 1996/31 titled ‘ Consultative relationship between theUnitedNations and non-governmental organizations’ . 39 In accordance with paragraph 12 of this Resolution, an NGO, for the purpose of the arrangements in question, signifies any such organisation that is not established by a governmental entity or intergovernmental agreement, including as the absolute truth as far as the doctrine of international law is of unexplorable extent. The study in question does not follow an aim to conduct a ground research on the notion ‘NGO’ in the theory of international law, but only to show that there is a number of understandings of this term, which are different from the one provided by the European Court of Human Rights. 35 LINDBLOM, 2005, cited above, p. 48. 36 DIGGELMANN, O. and TILMANN, A. Is There Something Like a Constitution of International Law? a Critical Analysis of the Debate on World Constitutionalism. ZaöRV 68 (2008), 623-650, p. 636. 37 Charter of the United Nations, United Nations Treaty Series , volume 859, p. VIII. 38 See accesed 20 July 2015. 39 Resolution of the ECOSOC No. 1996/31 of 25 July 1996. Official Records of the Economic and Social Council , 1996, Supplement No. 1.

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