European Court of Human Rights: how to get protection?
Human rights and freedoms are declared as one of the fundamental values in both national and international law.
To protect human rights, the European Court of Human Rights (hereinafter – ECHR) was established.
Citizens of Ukraine can also appeal to this institution. In what cases can this be done? How can one obtain protection from the ECHR? We will detail all this in the article.
The starting point in the history of the ECHR is considered to be January 21, 1959.
The court is entrusted with monitoring compliance with the norms of the European Convention on Human Rights of 1953. The modern structure and procedures of the court have been in place since its reform in 1993, with the reformed court operating since 1998. The institution is located in Strasbourg.
The ECHR comprises 46 judges, one from each member state. The legal basis for the court’s decisions is the European Convention on Human Rights. Let’s discuss this document in more detail.
The European convention on human rights: key facts and provisions
The full name of the document is the Convention for the Protection of Human Rights and Fundamental Freedoms. It came into force in September 1953.
What is important to know about this document? The Convention introduced a judicial mechanism for protecting political, economic, social, and cultural rights and freedoms of people in the countries that have ratified the document.
The court’s operations are funded by contributions from the member states of the Council of Europe.
Appeals to the ECHR are accepted when all national legal remedies have been exhausted.
Complaints to the ECHR must be submitted in the language used in the judicial proceedings of the complainant’s country. It is also mandatory to include the decisions of the judicial instances that were passed in the complainant’s country.
The duration of the case review can be lengthy, often taking 3 to 5 years.
Ukraine has committed to adhering to the provisions of the convention and executing the court’s decisions.
Main Rights Protected by the Convention
- right to life. (Article 2)
- right to personal security and liberty. (Article 5)
- right to a fair trial. (Article 6)
- right to respect for family life and privacy. (Article 8)
The convention also recognizes and guarantees rights to marriage, effective legal protection, freedom of thought, conscience, and religion, among others.
The convention prohibits:
- forced labour
- torture and capital punishment
- discrimination in the exercise of rights provided by the convention
- extrajudicial and illegal punishment
- expulsion of persons from the state of which they are citizens
- denial of entry to the state of which a person is a citizen
People who face the described violations can apply to the ECHR. However, it is important to understand the situations in which the court accepts complaints for review and the types of decisions it can make.
Jurisdiction of the European Court: when can the ECHR review a case?
As mentioned earlier, the ECHR reviews applications only when mechanisms to protect human rights and freedoms within national judicial systems have been exhausted. However, there are a few other important details to consider.
The court only reviews applications related to violations of rights guaranteed by the convention and its protocols. Additionally, only applications concerning events that occurred after the respective country ratified the document will be considered. Information on ratification dates can be found via the provided link.
How to submit a complaint to the ECHR? The application process
Keep in mind that the court accepts applications in the languages of the countries that have ratified the convention, but the official languages are French and English. Therefore, if the court requests the government to explain the substance of the complaint, correspondence will be conducted in English or French. Likewise, the complainant and their representatives must send further responses in English or French.
Applications are only accepted by mail. If the application is sent by email or fax, all documents must be duplicated by regular mail.
An application to the ECHR should include:
- a brief statement of facts related to the complaint
- a list of rights guaranteed by the convention and its protocols
- justification that the listed rights have been violated
- a list of instances you have approached and the content of the decisions received
- copies of the received decisions (it is important to provide copies as the court does not return the received documents)
Having these components increases the chances of the complaint being accepted for review and a successful outcome.
Common mistakes when submitting
Properly formatting a complaint to the European Court of Human Rights is crucial for successful consideration. Applicants often make purely formal mistakes that can affect the process’s outcome.
Such mistakes include:
- filling out the application using an outdated form
- submitting the application without supporting documents, decisions of other judicial instances, and a brief description of the case
- not specifying the respondent state in the case
- not filling in the main sections of the application form
- submitting an incomplete set of documents
Additionally, the chances of success are lower if the application is submitted at the end of the four-month term. Note that even a correctly filled application does not automatically mean it will be accepted for review.
The best way to avoid mistakes and achieve maximum results in the ECHR is to consult with qualified lawyers.
Representation in the ECHR
The procedure for submitting a complaint to the European Court of Human Rights is quite complex. The case review can also be very lengthy. This is an objective reality due to the need to examine a substantial amount of documents and the large number of cases under review.
Procedural errors can lead to the rejection of the application. Therefore, the assistance of qualified lawyers is needed for the successful review of the case in the ECHR.
Contact us for consultations. We will answer any questions related to the protection of your rights in the ECHR, ensure the representation of your interests in this institution, and achieve the best results.
Frequently Asked Questions
What rights does the Convention protect?
The states that have ratified the convention are committed to protecting and defending basic civil and political rights. These include the right to life, a fair trial, respect for private and family life, freedom of expression, conscience, and religion. The convention also prohibits torture, inhuman and degrading treatment.
Are national courts obliged to apply the Convention?
Yes, the convention must be applied at the national level. Its key provisions are included in the legislation of the member states. Thus, national courts are obliged to apply the convention.
What is the competence of the Court?
The court cannot initiate cases on its own. It reviews complaints related to violations of the rights guaranteed by the convention.
Against whom can a complaint be filed?
Complaints can be filed only against one or more states that have ratified the Convention.
What is the procedure for submitting an application to the Court?
Individuals can submit applications directly. The main action in the initial stage is to send a correctly filled application form and all necessary accompanying documents. The review of cases by the court is free of charge.
Is it necessary to have a lawyer during the Court’s review?
Legal assistance becomes necessary once the court notifies the respondent state’s government about the review of the case. To ensure accessibility of legal services, financial assistance may be provided to the applicant.
Does the Court hold public hearings?
Usually, the complaint review procedure is conducted in writing. However, in some cases, a decision may be made for an oral hearing. This takes place in Strasbourg at the Palace of Human Rights. These hearings are open to the public unless the President of the Chamber hearing the case or the Grand Chamber decides to hold the hearing in private.
How long does the Court usually take to review a case?
Predicting the duration of a case review by the court is quite challenging. The court aims to review all cases within three years from the date of application. However, some cases take longer, while others are reviewed much more quickly.
Are the Court’s decisions binding for states?
Yes, the court’s decisions are binding for states. Their execution is monitored by the Committee of Ministers of the Council of Europe.
How is the execution of the Court’s decisions ensured?
Once a court decision is made, it is transmitted to the Committee of Ministers of the Council of Europe. In collaboration with the respondent state and the Department for the Execution of Judgments, the manner of execution and necessary measures to prevent similar violations in the future are determined.
What are the consequences of a Court decision that recognizes a violation of the Convention?
If the court issues a decision recognizing a violation of the convention’s provisions, the respondent state is obliged to ensure that such violations do not recur in the future. In some cases, the state may even be required to amend national legislation.
How many cases are under review by the Court?
Over 50,000 applications are submitted to the court each year. This explains the lengthy review process.