The European Court of Human Rights, established in 1959, consists of 41 judges selected by the Council of Europe’s Parliamentary Assembly. Its primary objective is to safeguard individuals’ fundamental rights, ensuring their protection and fair treatment.
The European Court of Human Rights, established in 1959 and undergoing significant changes between 1994 and 1998, is a judicial body of the Council of Europe. Comprised of 41 judges elected by the Council of Europe’s Parliamentary Assembly, its primary role is to adjudicate alleged violations of civil and political rights as outlined in the Convention for the Protection of Human Rights and Fundamental Freedoms. Should a citizen of a Council of Europe member state believe their human rights have been infringed upon, they have the option to bring their case before the European Court of Human Rights. For instance, if an individual is arrested and detained without a fair trial, they can file a complaint with the court. Subsequently, the court will investigate the matter and render a verdict on whether the person’s rights were indeed violated. This example effectively demonstrates how the European Court of Human Rights functions as a safeguard for the rights of citizens within Council of Europe member states. It ensures that governments are held accountable for any human rights violations and provides a mechanism for individuals to seek justice.
The European Court of Human Rights is an international court established by the European Convention on Human Rights. It is responsible for hearing cases related to alleged violations of human rights by member states of the Council of Europe.
To bring a case before the European Court of Human Rights, an individual must first exhaust all domestic remedies available in their country. If they believe their rights have been violated and all domestic avenues have been exhausted, they can submit an application to the Court.
The European Court of Human Rights handles cases related to violations of the rights and freedoms protected by the European Convention on Human Rights. These can include issues such as torture, discrimination, freedom of expression, and the right to a fair trial.
No, individuals cannot directly appeal to the European Court of Human Rights. They must first go through the domestic legal system and exhaust all available remedies before submitting an application to the Court.
The time it takes for the European Court of Human Rights to reach a decision varies depending on the complexity of the case. It can take several years for a case to be heard and a judgment to be delivered.
If a member state fails to comply with a judgment of the European Court of Human Rights, the Committee of Ministers of the Council of Europe can take further action. This can include diplomatic pressure, financial penalties, or even suspension of the member state’s voting rights within the Council of Europe.
The European Court of Human Rights cannot directly overrule national laws. However, it can declare that a national law or practice is in violation of the European Convention on Human Rights. This can put pressure on member states to amend or repeal the law in question.
Yes, the European Court of Human Rights has the power to award compensation to victims of human rights violations. The amount of compensation awarded is determined on a case-by-case basis, taking into account the nature and severity of the violation.
No, the European Court of Human Rights cannot hear cases against individuals. It can only hear cases against member states of the Council of Europe, alleging violations of human rights protected by the European Convention on Human Rights.
Yes, the judgments of the European Court of Human Rights are binding on member states. Member states are legally obligated to comply with the Court’s decisions and take necessary measures to rectify any violations identified.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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