Protection for human rights violations in Europe

In the European System, individuals can directly access the European Court of Human Rights (ECtHR). Thus, any individual or group of individuals who have suffered a human rights violation by a State that has accepted the jurisdiction of the ECtHR can bring a case before this court. Moreover, the ECtHR has jurisdiction to consider inter-State claims for human rights violations.

Proceedings before the ECtHR are divided into two stages: a decision on the admissibility of the complaint and a decision on the merits. If the complaint is clearly inadmissible because it does not meet the admissibility requirements, it will be decided by a single judge, whose decision is not subject to appeal. If the case is considered “repetitive” because the ECtHR has already decided similar cases, it will be decided by a committee of three judges. Finally, if the case is not considered “repetitive”, it will be decided by a chamber of seven judges. Exceptionally, the case may be referred to the Grand Chamber, the highest body of the ECtHR composed of 17 judges, in two ways: by appeal by either party from a judgment of the chamber, and by waiver by the chamber if the case raises a serious question affecting the interpretation of the Convention or if there is a risk of inconsistency with a previous judgment of the ECtHR.

Furthermore, when the Court receives an application, it may order interim measures, pending further consideration of the case, in circumstances of risk of irreparable harm. Lastly, the Committee of Ministers of the Council of Europe, composed of one representative from each State, monitors compliance with ECtHR judgments.

IHR LEGAL provides legal assistance with respect to international applications for human rights violations and requests for interim measures before the ECtHR.