The European Court of Human Rights is an international court based in Strasbourg, France, which only examines complaints from individuals, private organisations and groups of individuals alleging that their rights under the European Convention on Human Rights have been violated.
The European Convention on Human Rights is an international treaty by which a large number of European States have agreed to secure certain fundamental rights. The rights guaranteed are set out in the Convention itself, and also in Protocols Nos. 1, 4, 6, 7, 12 and 13, which only some States have accepted.
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 concludes that a member State has breached one or more of these rights and guarantees, the Court delivers a judgment finding a violation. Judgments are binding; the States concerned must comply.
You do not need to be a national of one of the States bound by the Convention. The violation you complain of must have been committed by one of those States within its ’jurisdiction‘ (usually its territory). The act or omission complained of must be attributable to a public authority of the State concerned (for example, a court or an administrative authority). The Court deals only with complaints against States; it cannot deal with complaints against private individuals or private entities (e.g., companies). You must have been directly and personally the victim of the violation you allege. 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). You cannot complain of a violation of any legal instrument other than the European Convention on Human Rights, such as the Universal Declaration of Human Rights or the Charter of Fundamental Rights.
You must have used all the remedies in the State concerned that could provide redress for the situation you are complaining about (usually this will mean an application to the appropriate court, followed by an appeal, where applicable, and even a further appeal to a higher court). It is not enough merely to use these remedies; you must also have raised the substance of your complaints before the domestic authorities. You have only four months from the date of the final decision at domestic level (generally speaking, the judgment of the highest court) to lodge an application. The application form, together with all the required information and documents, must be dispatched to the Court on or before the final day of the four-month period. Verify that it contains all the information and documents required.
The Court cannot deal with every complaint. Its powers are defined by the admissibility criteria set out in the Convention, which limit who can complain, when and about what. More than 90% of the applications examined by the Court are declared inadmissible. You should therefore check that your complaints comply with the admissibility requirements. For further information on these criteria, you can consult a lawyer.
Your case will be dealt with free of charge. You will only have to bear your own costs (such as lawyers’ fees or expenses relating to research and correspondence). The Court will not help you pay a lawyer to draw up your application. Although you do not need to be represented by a lawyer in the first stages of the proceedings, you will need a lawyer once your application has been notified to the Government.
If the Court finds that there has been a violation, it may award you ‘just satisfaction’, a sum of money in compensation for certain forms of damage. The Court may also require the State concerned to reimburse the costs and expenses you have incurred in presenting your case.