Law Of Pakistan

Law Of Pakistan

Tuesday, August 8, 2023

European Court of Human Rights

 


The European Court of Human Rights (ECtHR) is an international court established to hear cases related to alleged violations of human rights protected by the European Convention on Human Rights (ECHR). It is one of the most important institutions in the field of human rights protection in Europe.

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The European Court of Human Rights was established in 1959 and is located in Strasbourg, France. It is not to be confused with the European Union's Court of Justice, which is based in Luxembourg and deals with matters related to EU law.

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The ECtHR is composed of judges from each member state of the Council of Europe, which currently has 47 member states. Each member state appoints a judge to the court, and they serve for a renewable term of nine years. The judges are elected by the Parliamentary Assembly of the Council of Europe.

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The primary role of the ECtHR is to hear individual or state applications alleging violations of the rights and freedoms set out in the ECHR. These rights include, but are not limited to, the right to life, freedom from torture and inhuman or degrading treatment, freedom of expression, freedom of religion, and the right to a fair trial.

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Individuals who believe their rights have been violated can submit an application to the ECtHR after exhausting all domestic remedies. The court has jurisdiction over cases involving both natural persons and legal entities. It can also hear cases brought by one state against another state.

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Once an application is submitted, it goes through a series of stages before a final judgment is reached. The court first examines whether the application meets admissibility criteria, such as exhaustion of domestic remedies and compliance with time limits. If the application is deemed admissible, it proceeds to the merits stage where evidence and arguments are presented by both parties.

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The ECtHR's judgments are binding on the states involved in a case. If a violation is found, the court can order the state to provide remedies, such as compensation or changes in legislation or practices. The court's decisions are final and cannot be appealed within the ECtHR system. However, states can request that a case be referred to the Grand Chamber for further consideration.

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The ECtHR also plays a significant role in interpreting the ECHR. Its judgments contribute to the development of human rights standards and principles in Europe. The court's case law is often cited by national courts and other international human rights bodies.

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In addition to its adjudicatory function, the ECtHR has other important responsibilities. It has the power to issue advisory opinions on legal questions referred to it by member states' highest courts. It also monitors the execution of its judgments by member states, ensuring that they comply with their obligations under the ECHR.

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The ECtHR faces several challenges in fulfilling its mandate. The increasing number of applications and backlog of cases have put strain on the court's resources and efficiency. Efforts have been made to address these issues, including reforms aimed at streamlining procedures and improving case management.

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Furthermore, the court's decisions sometimes attract criticism from various quarters. Some argue that it oversteps its mandate and interferes with national sovereignty. Others criticize specific judgments for their perceived impact on issues such as freedom of expression or migration policies.

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However, the ECtHR remains an essential institution for protecting human rights in Europe. Its role in ensuring compliance with the ECHR and providing redress for individuals whose rights have been violated is crucial for upholding human rights standards across the continent.


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