The European Court of Human Rights (ECHR) is an international court whose mission is to protect human rights in Europe. It is responsible for dealing with individual applications against the member states of the Council of Europe concerning alleged violations of the European Convention on Human Rights.
Why refer a case to the ECHR?
Let’s look at the reasons why it may be appropriate to refer a case to the ECHR.
The failure of domestic remedies
When the national courts have failed to recognise the merits of the complaints submitted to them, the ECHR is often the last resort.
Moreover, referral to the ECHR is only possible once all available domestic remedies have been exhausted.
Thus, if the exhaustion of domestic remedies has not led to a satisfactory solution, the ECHR may offer an alternative means of obtaining justice.
The ECHR can rule on systemic violations.
Unlike national courts, the ECHR can rule on systemic violations, i.e. recurrent and widespread violations of a human right in a Member State.
In such cases, referral to the ECHR can contribute to the introduction of structural measures to remedy the situation.
The ECHR can offer financial compensation
In the event of a violation of the European Convention on Human Rights, the ECHR can order the State concerned to pay financial compensation to the injured party.
Referral to the ECHR may therefore be appropriate to obtain compensation for the harm suffered.
The ECHR can improve human rights in Europe
The case law of the ECHR is an important source of law for the member states of the Council of Europe.
The judgments handed down by the ECHR can help to improve the protection of human rights in Europe, by influencing the legislation and practices of the Member States.
Conclusion: Referral to the ECHR can be a useful way of obtaining justice in the event of a violation of the European Convention on Human Rights.
It can offer an alternative when domestic remedies have failed, and make it possible to obtain financial compensation in the event of damage suffered.
It can also help to improve human rights in Europe by influencing the legislation and practices of the Member States.
What rights can I invoke before the European Court of Human Rights?
The European Convention on Human Rights protects a series of important rights, including :
The right to life, which guarantees protection against the death penalty and attacks on human life.
The right to liberty and security, which guarantees that everyone is free and cannot be arbitrarily detained.
Freedom of expression, which ensures that individuals can express themselves freely without fear of reprisal.
Freedom of thought, conscience and religion, which guarantees that everyone is free to think, believe and practise their religion.
The right to a fair trial, which guarantees that everyone is entitled to a fair and impartial trial.
The right to respect for private and family life, which ensures that the private and family life of individuals is protected.
The right to property, which guarantees the right of individuals to own and enjoy their property.
The right to education, which guarantees access to education for all.
The right to health, which guarantees the right to adequate health care.
The right to work, which guarantees the right to work under fair and satisfactory conditions.
The right to protection against discrimination, which guarantees protection against all forms of discrimination.
The right to an effective remedy, which guarantees that individuals can obtain an effective remedy if their fundamental rights are violated.
The member states of the Convention are obliged to respect these rights and guarantee their protection.
Calling on a lawyer specializing in the ECHR has many advantages.
Warning for complaints to the European Court of Human Rights
We are proud of the expertise of our ECHR lawyers.
The information on this site is intended to provide a quick overview of the expertise acquired by our ECHR lawyers.
They make every effort to ensure that the information published on this site is accurate and up-to-date, and reserve the right to correct the content at any time without notice.
Our ECHR lawyers can answer your questions, but cannot guarantee that the information published on this site is complete or that it has not been modified by a third party (intrusion, virus). They accept no liability (direct or indirect) in the event of delays, errors or omissions in the content of these pages or in the use that may be made of them by anyone, or in the event of interruption or unavailability of the service.
The information contained on this site is for personal, non-commercial use only.