European Court of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court,[1] is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.
This article is about the international court of the Council of Europe (not of the European Union). For the EU's judicial branch, see Court of Justice of the European Union. For the supreme court of the EU in matters of Union law, see European Court of Justice.European Court of Human Rights
- 1959 (initially)
- 1998 (permanent)
46 member states of the Council of Europe
Strasbourg, France
Appointed by member states and elected by the Parliamentary Assembly of the Council of Europe
46 judges, one from each of the 46 member states
2013 (judge), 2020 (President)
The court was established in 1959 and decided its first case in 1960 in Lawless v. Ireland. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, meaning that the Convention is interpreted in light of present-day conditions.
International law scholars consider the ECtHR to be the most effective international human rights court in the world.[2][3][4][5][6] Nevertheless, the court has faced challenges with verdicts not implemented by the contracting parties.
As a court of the Council of Europe[edit]
The European Court of Human Rights, which enforces the European Convention on Human Rights, is the best known body of the Council of Europe. The Council of Europe (CoE) (French: Conseil de l'Europe, CdE) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe.[9] Founded in 1949, it now has 46 member states, covering a population of approximately 700 million, and operates with an annual budget of approximately 500 million euros.[10]
The organisation is distinct from the 27-nation European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original flag of Europe created by the Council of Europe in 1955,[11] as well as the anthem of Europe.[12] No country has ever joined the EU without first belonging to the Council of Europe.[13] The Council of Europe is an official United Nations observer.[14]
Plenary court and administration[edit]
The plenary court is an assembly of all of the court's judges. It has no judicial functions. It elects the court's president, vice-president, registrar[22] and deputy registrar. It also deals with administrative matters, discipline, working methods, reforms, the establishment of Chambers and the adoption of the Rules of Court.[16]
The president of the court, the two vice-presidents (also section presidents) and the three other section presidents are elected by the Plenary Court, Section presidents are elected by the Plenary Court, a formation made up of the 46 elected judges of the court. The mandate of the holders is for a renewable period of three years. They are renowned for their morality and competence. They must be independent and there is incompatibility with other functions. They cannot be revoked by their state of origin, but only by decision of their peers, taken by a two-thirds majority and for serious reasons.[23]
The president of the court is Robert Spano from Iceland and the two vice-presidents are Jon Fridrik Kjølbro from Denmark and Ksenija Turkovic from Croatia.[24]
Just satisfaction[edit]
The court may award pecuniary or non-pecuniary damages, called "just satisfaction". The awards are typically small in comparison to verdicts by national courts and rarely exceed £1,000 plus legal costs.[35] Non-pecuniary damages are more closely correlated to what the state can afford to pay than the specific harm suffered by the complainant. In some cases, repeated patterns of human rights violations lead to higher awards in an effort to punish the responsible state, but paradoxically in other cases they lead to lower awards, or the cases being struck entirely.[36][37]
Honours and awards[edit]
In 2010, the court received the Freedom Medal from the Roosevelt Institute.[126] In 2020, the Greek government nominated the court for the Nobel Peace Prize.[127]