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The European Court of Human Rights Does this mechanism apply to the country in which you are interested? About the European Court of Human Rights The mandate of the European Court of Human Rights What can this mechanism do to assist you? Who can apply to the European Court of Human Rights? How to apply to the European Court of Human Rights Further information about the European Court of Human Rights Does
this mechanism apply to the country in which you are interested? The European Court of Human Rights only applies to those European states which have ratified the European Convention on Human Rights. To find out if the country you are interested has ratified the Convention click here. Use your browser's "back" button to return to this page. Note on how to use this link This link will bring you to what
is called a Ratification Table. If a date of ratification is entered under
the heading ‘Convention’, opposite the country you are interested
in, then that country has ratified the Convention. This means that the
country is a state party to the Convention and the Court applies to the
country. If no date is entered or if the country you are interested in is not listed, then that country has not ratified the Convention. It is therefore not a state party and the Court does not apply. About
the European Court of Human Rights The European Court of Human Rights
is a treaty body. It was set up under the European Convention on Human
Rights to ensure that states respect the Convention. The Court can receive complaints
from individuals or from states alleging that a certain state has violated
the Convention. It examines such complaints and passes judgments which
are legally binding on states. This means that states must comply with
the Court’s judgments. The Court is made up of over 40
judges, one from each of the states which are a party to the Convention.
They are elected to serve on the Court in an independent capacity. The
Court is based in Strasbourg, France and it is a permanent body meeting
all year round. The Court is widely recognised as
one of the best international human rights mechanisms in the world. However,
it is strictly limited in the kind of cases it can examine and it can
take a very long time (up to 7 years) for the Court to process a case. The Court can examine allegations
of violations of the rights set out in the European Convention on Human
Rights. All of the rights listed in this manual are protected by the Convention. The rights contained in the Convention are given additional protection in Protocols 1,4,6, and 7 to the Convention. A Protocol is an additional piece of text added to a Convention after the original Convention has been finalised. The protocols only apply to those states which have ratified them. Click on the link at the top of this page to check if the country you are interested has ratified a particular protocol. What can this mechanism do to assist you? Friendly settlement The Court can reach a friendly settlement
between the applicant and the state concerned; Judgment If no friendly settlement can be
reached, the Court can pass a judgment. In its judgment the Court can
order the state concerned to change its national law in order to stop
the violation occurring or to prevent future violations. It can also order
the state to pay compensation to the victim and to take measures to restore
the victim to the position they were in before the violation occurred; Interim measures If the Court is reliably informed that a violation is about to take place, it can direct the state concerned to take interim measures to prevent the violation occurring. Interim measures are temporary actions to be taken before the Court’s formal examination of a case is completed. For example, the Court can direct a state not to send a person to another country where they might be at risk of torture or another violation of the Convention. To apply to the Court, you must have been a direct victim of a violation by a state of one or more of the rights set out in the Convention. Individuals or NGOs who wish to complain about violations of the rights of other people cannot apply. Procedure before the Court
Step 1 Admissibility Procedure Firstly, the Court must decide if a complaint it receives is admissible
(that is, if it will accept the complaint). To be admissible a complaint
must meet a number of requirements including the following:
Step 2 Procedure on the merits Once the Court has declared a complaint admissible it examines the facts
of the complaint. This is called the procedure on the merits and it involves
the following steps:
Step 3 Judgment The Court passes judgment on a case by a majority vote. All final judgments
of the Court are legally binding on the state concerned (this means that
the state must comply with the judgment). A group of state representatives
from the state parties to the Convention, called the Committee of Ministers,
is responsible for making sure that states do in fact comply with the
Court’s judgments. How
to apply to the European Court of Human Rights 1. Formal Procedure for submitting
a complaint There is a formal procedure for the submission and consideration of applications to the Court. In order to assist people who wish send an application, the Court has prepared 3 important documents: A note for the guidance of persons wishing to apply to the European Court of Human Rights; The formal application form and; An explanatory
note for persons completing the formal application form. These documents are available are
available on the Court’s Website in 28 European languages. Click
here to download the documents in a language of your choice. Applying to the Court of Human Rights
can be a complicated process. The Court is a legal body and its rules
and regulations as set out in these 3 documents must be followed. The
Court has advised that individuals wishing to apply to the Court should
seek the assistance of a lawyer. The Court can provide applicants
with financial legal aid. However, this aid can only be provided if the
Court considers it necessary and it cannot be provided to pay for legal
assistance to help you to complete the formal application form. 2.
Interim measures The Court can attempt to prevent human rights violations by directing a
state to take interim measures to prevent a violation of the Convention
from occurring (see the section What can this mechanism do to
assist you?). If you fear that you may be subjected
to a violation of the Convention in the near future, you can apply to
the Court and request that interim measures be taken to prevent a violation. You should read the 3 important document listed above and complete the formal application form as best as you can. You should also write a cover letter requesting that the Court direct the state concerned to take interim measures. In your letter you should refer to Rule 39 of the Rules of the European Court of Human Rights (which gives the Court the power to direct a state to take interim measures) and you should explain why you are seeking interim measures. Send the completed form and the
cover letter to the Court at the contact details below as soon as possible. The Registrar Further Information For further information about the European Court of Human Rights in English and French, visit its Website by clicking here. |
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