European Court of Human Rights

European Court of Human Rights (ECHR) is a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states, and, aside from exceptional cases, the court only deals with cases after all domestic remedies have been exhausted according to the principle of subsidiarity. The court is based in Strasbourg, France.

History

The European Court of Human Rights was established in 1959 as a result of the European Convention on Human Rights, which was adopted by the Council of Europe in 1950. The main aim of the court is to protect human rights and fundamental freedoms in Europe. Over the years, the court has played a crucial role in the development and interpretation of human rights law in Europe.

Jurisdiction and Functioning

The jurisdiction of the ECHR extends to all member states of the Council of Europe that have ratified the Convention. The court's primary function is to ensure that states comply with the obligations set out in the Convention. It does this by examining complaints or applications submitted to it. If the court finds that there has been a violation, it can award just satisfaction to the victim.

The court's proceedings include written and oral phases. The judges sit in chambers of seven or, in exceptional cases, as a Grand Chamber of seventeen judges. The court's judgments are binding on the countries concerned and have led to significant changes in the laws and practices of member states.

Composition

The court is composed of judges equal in number to the member states of the Council of Europe that have ratified the Convention, currently 47. Judges are elected by the Parliamentary Assembly of the Council of Europe for a non-renewable term of nine years. The judges must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence.

Significant Cases

Over the years, the ECHR has dealt with numerous significant cases that have had a profound impact on human rights law in Europe. These include cases related to the right to life, prohibition of torture, right to a fair trial, respect for private and family life, freedom of expression, and the right to an effective remedy.

Criticism and Challenges

The European Court of Human Rights has faced criticism and challenges, including accusations of political bias, lengthy proceedings, and the large backlog of cases. Efforts have been made to reform the court, including Protocol 14 to the Convention, which aimed to streamline the court's processes and reduce the backlog of cases.

See Also

• Council of Europe
• Human rights
• European Convention on Human Rights
• International Court of Justice