The European Court of Human Rights: Access and Appeal Procedure

The European Court of Human Rights (ECtHR) is the main judicial body that ensures the application of the European Convention on Human Rights (ECHR). Individuals who believe their rights have been violated by a member state can bring their case before this Court.

How to Access the European Court of Human Rights

1. Eligibility for Filing a Case: Before accessing the Court, the individual must ensure their case is admissible under the ECHR. The person must have exhausted all domestic remedies within their country, meaning they must have appealed to national courts before turning to the ECtHR.
2. Filing a Complaint: The applicant must submit a formal complaint to the Court, outlining the alleged violation and providing supporting documentation.
3. Language Requirements: The case must be presented in one of the official languages of the Court, which are English and French.
4. Time Limits: There are strict deadlines for filing a complaint, typically within six months from the final national decision.

Appeal Procedure at the European Court of Human Rights

1. Initial Review: The Court conducts an initial assessment to determine if the case is admissible based on ECHR standards. It assesses whether there has been a violation of rights and whether the issue has already been resolved at the national level.
2. Merits of the Case: If the case is deemed admissible, the Court will then review the merits of the case, which involves a detailed examination of the facts, the evidence, and the legal arguments presented.
3. Judgment: After reviewing the case, the Court issues a binding judgment, which may require the member state to pay compensation, change domestic laws, or take other corrective measures.
4. Implementation of the Judgment: If the Court rules in favor of the applicant, the member state is legally obligated to implement the judgment. The execution of the judgment is monitored by the Committee of Ministers of the Council of Europe.

Conclusion

The European Court of Human Rights plays a critical role in ensuring human rights protection across Europe. Understanding the access and appeal procedure is vital for lawyers to help their clients navigate the system and seek justice for human rights violations. The Court ensures that individuals can hold states accountable for failing to protect their fundamental rights.