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What does the European Court of human rights DO.






The Court applies the European Convention on Human Rights. Its task is to ensure that States respect the rights and guarantees set out in the Convention. It does this by examining complaints (known as “applications”) lodged by individuals or, sometimes, by States. Where it finds that a member State has violated one or more of these rights and guarantees, the Court delivers a judgment. Judgments are binding: the countries concerned are under an obligation to comply with them.

 

WHEN CAN I APPLY TO THE EUROPEAN COURT OF HUMAN RIGHTS?

You may lodge an application with the Court if you consider that you have personally and directly been the victim of a violation of the rights and guarantees set out in the Convention or its Protocols. The violation must have been committed by one of the States bound by the Convention.

 

What rights are protected by the Convention and its Protocols?

The following rights, in particular, are protected:

ü the right to life;

ü the right to a fair hearing in civil and criminal matters;

ü the right to respect for private and family life;

ü freedom of expression;

ü freedom of thought, conscience and religion;

ü the right to an effective remedy;

ü the right to the peaceful enjoyment of possessions; and

ü the right to vote and to stand for election.

 

What do the Convention and its Protocols prohibit?

The following, in particular, are prohibited:

ü torture and inhuman or degrading treatment or punishment;

ü arbitrary and unlawful detention;

ü discrimination in the enjoyment of the rights and

ü freedoms set out in the Convention;

ü the expulsion by a State of its own nationals or

ü its refusing them entry;

ü the death penalty; and

ü the collective expulsion of aliens.

 

WHAT CONDITIONS DO I HAVE TO SATISFY TO LODGE AN APPLICATION?

What are the conditions relating to me personally?

 You do not need to be a national of one of States bound by the Convention. The violation you are complaining of must simply have been committed by one of those States within its “jurisdiction”, which usually means within its

territory.

 You can be a private individual or a legal entity such as a company or association.

 You must have directly and personally been the victim of the violation you are alleging. You cannot make a general complaint about a law or a measure, for example because it seems unfair; nor can you complain on behalf of other people (unless they are clearly identified and you are their official representative).

 






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