European Human Rights Law

Individuals or non-governmental organisations may lodge an application at the European Court of Human Rights (ECHR, if they consider that they have personally and directly been the victim of a violation of the rights and guarantees set out in the European Convention on Human Rights or its Protocols. The alleged violation must have been committed by one of the States bound by the Convention.  Making an application to the European Court of Human Rights (ECHR) can be complex and involves several steps. Here's how we assist our clients:

1. Determining Eligibility: Before making an application to the ECHR, we determine whether our clients’ case falls within the Court's jurisdiction. The ECHR has jurisdiction to hear complaints alleging violations of the rights and freedoms set forth in the European Convention on Human Rights (ECHR), provided that the respondent state is a party to the Convention.
2. Exhausting Domestic Remedies: In most cases, the applicants must exhaust all available domestic remedies before bringing a case to the ECHR. This means that the applicants should first pursue legal avenues for redress within their own country, such as filing appeals in domestic courts, before turning to the ECHR.
3. Completing the Application Form: The ECHR provides an official application form that must be completed and submitted along with any supporting documents. The application form is available on the Court's website and includes sections for providing details about the applicant(s), the alleged violation(s) of the Convention, and the domestic legal proceedings that have taken place.
4. Gathering Supporting Documents: We gather any relevant documents and evidence to support our clients’ case, such as court decisions, official correspondence, witness statements, and medical reports. These documents should be translated into one of the official languages of the Court if they are not already in English or French.
5. Submitting the Application: Once we have completed the application form and gathered all necessary documents, we can submit the application to the ECHR. Applications can be submitted electronically through the Court's online portal or by post to the Court's postal address in Strasbourg, France.
6. Case Registration and Communication: After receiving the application, the ECHR will review it to ensure that it meets the Court's admissibility criteria. If the case is deemed admissible, it will be registered, and the applicants will receive a letter of confirmation from the Court. The Court may also request additional information or documents from the applicants during the admissibility review process.
7. Admissibility Decision: The Court will then consider the admissibility of the case, taking into account factors such as jurisdiction, exhaustion of domestic remedies, and compliance with procedural requirements. If the case is declared admissible, it will proceed to the merits stage, where the Court will examine the substance of the complaint.
8. Merits Examination: If the case proceeds to the merits stage, the Court will examine the facts and legal arguments presented by both parties and render a judgment on whether there has been a violation of the Convention rights.

It's important to note that the process of making an application to the ECHR can be complex, and it may be helpful to seek legal assistance or advice from a qualified lawyer.  We offer legal advice and assistance to individuals and organizations on a wide range of human rights issues and help our clients understand their rights, provide guidance on available legal remedies, and assist with navigating complex legal processes.