Appeals to the European Court of Human Rights

Introduction to Appeals to the European Court of Human Rights

Welcome! In this chapter, we are looking at the "final stop" for human rights justice. Imagine you feel your rights have been ignored by the government or the police, and even the highest courts in the UK couldn't help you. Where do you go next? The answer is the European Court of Human Rights (ECtHR). This chapter explains what this court does, how you can take a case there, and what happens when a government loses.

1. The Role and Function of the Court

The European Court of Human Rights (based in Strasbourg, France) is not a UK court. It was set up to make sure that countries who signed the European Convention on Human Rights (ECHR) 1953 actually follow the rules they agreed to.

What is its main job?

• Supervision: It acts as a supervisor to ensure that "Contracting States" (like the UK) respect the human rights of people within their borders.
• Interpretation: It decides what the Articles in the ECHR (like Article 10: Freedom of Expression) actually mean in the modern world.
• Protection: It provides a way for individuals to hold powerful governments accountable if those governments violate their fundamental freedoms.

Important Distinction: Don't worry if this seems confusing, but the ECtHR is not the same as the "European Court of Justice" (ECJ). The ECtHR deals only with human rights, whereas the ECJ deals with European Union law.

Key Takeaway: The ECtHR is a "safety net" for human rights across Europe, ensuring that no government is above the law when it comes to basic freedoms.

2. The Claims Procedure: How to Appeal

You cannot just go straight to Strasbourg the moment you are unhappy with a local law. There is a very strict claims procedure that must be followed. Think of it like a ladder: you have to climb every domestic rung before you can reach the top.

Step-by-Step Process:

1. Exhaustion of Domestic Remedies
Before the ECtHR will even look at your case, you must have tried every possible legal path in your own country. In the UK, this usually means taking your case all the way to the Supreme Court. If there is still a court in the UK that could hear your case, the ECtHR will tell you to go back and try that first.

2. The Time Limit
You must lodge your application within a specific timeframe after the final decision by the highest domestic court. Under current rules, this is usually \(4\) months. If you miss this deadline, your case will almost certainly be rejected.

3. Admissibility Criteria
The Court receives thousands of applications. To keep things moving, they filter out cases that don't meet their rules. A case is inadmissible (rejected) if:

• It is anonymous (you must give your name).
• It is substantially the same as a case the court has already decided.
• The applicant has not suffered a "significant disadvantage."
• The application is "manifestly ill-founded" (it doesn't have a legal leg to stand on).

4. The Hearing and Judgment
If the case is "admissible," the Court will examine the facts. Often, they do this through written documents rather than a live trial. They will then issue a judgment stating whether the state (the government) has violated the ECHR.

Key Takeaway: To get into the ECtHR, you must "exhaust" all UK courts first and act quickly within the time limit.

3. Effect on the Government of Successful Appeals

What happens if a student, a journalist, or a protester wins their case against the UK government in Strasbourg? Because the UK is a member of the Council of Europe, it has agreed to follow the final judgments of the Court.

1. Declaratory Judgments

The Court's primary power is to declare that a violation has occurred. This is a declaratory judgment. While the ECtHR cannot technically "strike down" or cancel a UK law (because the UK Parliament is sovereign), a win in Strasbourg puts massive pressure on the government to change things.

2. Just Satisfaction (Compensation)

If the Court finds that the individual suffered a loss (financial or emotional) that cannot be fixed just by winning the case, they may order the government to pay "just satisfaction." This is essentially a sum of money given as compensation to the victim.

3. Changing the Law

When the UK loses a case, the government usually takes action to ensure it doesn't happen again. This can happen in two ways:

• Remedial Orders: Under the Human Rights Act 1998, a government minister can use a "fast-track" procedure to change a law that the court found to be infringing on rights.
• New Legislation: Parliament may pass a new Act of Parliament to fix the legal problem identified by the ECtHR.

Example: If the Court rules that UK law doesn't sufficiently protect Article 11 (Freedom of Assembly) during protests, the government might have to rewrite police guidance or change the laws regarding how protests are managed.

Key Takeaway: While the ECtHR cannot rewrite UK laws itself, its judgments force the UK government to pay compensation and change "bad" laws to better protect individuals.

Quick Review: Common Mistakes to Avoid

• Don't say the ECtHR can send people to prison. It is a civil/human rights court, not a criminal one.
• Don't forget that the UK courts must be finished first. You cannot skip the Supreme Court!
• Don't confuse the ECtHR with the UK's own Human Rights Act 1998. The HRA allows you to fight for your rights in UK courts; the ECtHR is where you go when the HRA process in the UK hasn't solved the problem.

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