The Role of the European Court of Human Rights

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The Role of the European Court of Human Rights

What is the European Court of Human Rights?

The European Court of Human Rights (ECtHR) is often confused with European Union institutions, but they are separate bodies with different purposes. The Court is not related to EU membership, trade regulations or the debates you may have heard about in relation to Brexit, though EU member states are also signatories to the Convention it upholds. The ECtHR exists solely to protect human rights across Europe.

The Court was established in 1959 and sits in Strasbourg, France. It interprets and applies the European Convention on Human Rights, a treaty that the UK helped to draft in 1950 in the aftermath of the Second World War. The Convention sets out fundamental rights such as the right to life, the prohibition of torture, the right to a fair trial, and freedom of expression.

The ECtHR is run by the Council of Europe, which is a separate organisation from the European Union. The Council of Europe focuses specifically on human rights, democracy and the rule of law. Currently, 46 countries are members, including the UK, though this number can change as countries join or are suspended.

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How the Court Works

The Court hears cases brought by individuals, organisations or states against any country that has signed up to the European Convention on Human Rights. If you believe a member state has violated your rights under the Convention, you may be able to bring a case, though certain conditions must be met first.

Before applying to the ECtHR, you must have exhausted all available legal remedies in your own country. In the UK, this usually means taking your case through the domestic court system, potentially up to the Supreme Court if necessary. Only after these options have been tried can you apply to Strasbourg.

Applications must be submitted within four months of the final domestic decision. This deadline was reduced from six months in February 2022, so those familiar with the previous rules should note the change. The Court will assess whether your case is admissible before considering the substance of your complaint. Many applications are rejected at this early stage because they do not meet the criteria.

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What Happens When the Court Makes a Ruling?

When the ECtHR finds that a country has violated the Convention, it can require that country to take action. This might include paying compensation to the applicant or making changes to law or policy to prevent similar violations in future.

The Court itself has no direct enforcement power. It cannot compel a government to act or send officials to ensure compliance. Instead, the Committee of Ministers of the Council of Europe monitors whether countries follow the judgments. Member states are expected to comply with rulings as part of their treaty obligations.

In practice, the UK has a strong record of implementing ECtHR judgments, though some decisions have sparked political debate. Some of the Court's rulings have influenced UK law in areas including prisoners' voting rights, privacy protections, and the treatment of asylum seekers. The relationship between the UK and the Court remains a point of political discussion, with ongoing debates about sovereignty and the extent to which Strasbourg judgments should shape domestic policy.

The Judges and Structure

The Court is made up of one judge from each member state. The UK's judge is elected by the Parliamentary Assembly of the Council of Europe from a shortlist of three candidates put forward by the UK government. Judges from all member states are elected through the same process. They serve nine year terms and cannot be re-elected.

Cases may be heard by a single judge, a committee of three judges, a chamber of seven judges, or the Grand Chamber of seventeen judges, depending on their complexity and significance. The Grand Chamber deals with the most serious cases or those that raise important questions about the interpretation of the Convention.

The Court handles thousands of applications each year from across Europe. Processing times can be lengthy, and many cases take several years to reach a final judgment.

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AboutHumanRights Editor 03/07/2026 at 12:03 pm
@hassan Hassan, this sounds really serious and you need proper support, not just a comments section. Ring Mind on 0300 123 3393 or Rethink on 0808 801 0525, and ask for an independent advocate through POhWER or VoiceAbility who can help you challenge your GP and treatment team. For the human rights side, contact Liberty's advice line or a solicitor via the Law Society who does legal aid in mental health cases. Keep copies of all your records safe, as they'll be crucial evidence.
hassan 03/07/2026 at 11:50 am
im g eting harrestment by the gp ling with the nhs crime organision my gp they giving me drugs i was just to passaway so many time have reportid the police nothing its been done i need asap help case its goving on they using home tretmant team i having got 1 crime record in uk thank you god i had with my ex proplem she done somting the effeting my marrage she was on havy on drugs and her hamily working the uk nhs 6 off them and they dissayided to crateded dojjy case to me the i have mental proplem she was in big mess iwas working all live to sport my family put she was takin have drugs and she link with the crime organisoin i have so many vidos and on paper the they giving me drugs by usuing gun powder i have so many videos and on my gp report i never seen my live doctor and also i have seen 3 big doctor and i pass 3 and ihave i have the papers with me and my dojjy gp puts the comminty to folloving me 24 7 they put as im so danders person omg im so upset pls i need helh very asap from human rights
Lindyloo 21/12/2017 at 2:38 am
My daughter has lived with me her mother and now has a 1 year old daughter who also lives with me the baby has been on child protection since my daughter was first pregnant we have been incourtfor the final hearing from social services and won't the baby removed from mother care because basically she s not any good at keeping appointment and she has been having hairstrands test done Coventry been negative but had one done just before court it came bk positive for puff amphetamine and some other drug which has not taken it seems very convenient for social worker to get results saying positive it's not true about 1 of the results she admitted she smoked weed and now it's gone to far I don't get a mention in anything about brook being cared for by me only that my assessment came back negative which was full of lies again social worker blackmailed me and daughter wot can I do to keep the baby hear with grandparent it would do more harm by removing her she is so good she loves it hear very happy little girl
AboutHumanRights Editor 13/06/2016 at 11:03 am
Many schools have a policy of only allowing pupils to use the toilets at break time or lunch time, but will generally make allowances if a child is unwell etc. If there are insufficient toilets in a school, meaning it's not always possible to use the toilet at the requisite times, then you should make a complaint to the school's management team or governing board.
Frustrated mum 10/06/2016 at 6:41 am
My daughters are at a very good , high achieving secondary school . The school has recently adopted a policy that no students can use the toilet facilities during lesson times and if they are late for their next lesson due to toilet visits between classes they are penalised by having to loose break and lunch times . Surely this breeches all humans basic rights to fair treatment and is a complete block to learning of students can't go to the toilet , let alone girls of a difficult hormonal age and all the self confidence issues that brings with periods etc . The teachers do not allow toilet trips in any circumstances without humiliating extreme details and then are treated as if they have done something wrong by asking to go and are penalised by having to return to class to make up the time lost .
Belinda88 18/05/2016 at 2:40 pm
I am looking at the human rights bill and cannot understand why initiatives have not been been set in place regarding the treatment and attitudes of camerons government towards the disabled people of united kingdom, ie financial support and the savage cuts to benefits. Causing undue stress degrading disabled people and now the general lack of concerned. Creating by the current Government
- 17/04/2016 at 2:40 pm
I was born in Romania on 1927 .I left Romania on 1970 .I am a Construction Engineer and presently leave in United States . For my over twenty years working in Romania I applied, app. 7 years ago and received approval for
a retirement pension .
The mechanic system for receiving the pension is to receive each year ,to sign and notarize it , a certificate that I am alive
For this year I did not received the certificate and they stopped paying the pension .Probably they decided that I am dead .
I am not dead and I tried to clarify the problem with the people in Romania but they did not respond
AboutHumanRights Editor 07/04/2016 at 12:40 pm
Take the details of your mortgage and other financial information to a Citizen's Advice Bureau, they should be able to point you in the direction of help.
Mug 06/04/2016 at 1:49 pm
My interest only mortgage has come to end of term, and the endowment failed years ago. My partner has had a bone marrow transplant to try to cure acute myeloid leukaemia, and needs time to recover. However the once mortgage company is now being run by an asset management company, and they are determined to re posses the property at any cost to us. Any ideas from anybody would be appreciated. I feel this stress will kill my very weak and ill partner.
chrisw 19/09/2015 at 12:23 pm
Hi,

My experience of European law (France) and the ECHR has turned me from a once europhile to staunch anti EU advocate.

I am pretty convinced, on a larger scale, the EU is just an excuse for the European aristocracies, largest corporate powers and banks to enslave people through bureaucracy, powerlessness and isolation by vague, faceless functionaries.

The ECHR offers nothing to the individual trouble. Everything sounds great and reasonable until you actually want to use it. Then you discover its all just smoke and mirrors to distract individuals from a quiet creep to Orwellian technological dictatorship. Hitler was democratically elected. In soviet Russian everyone was obliged to vote by law. Central Europe (the power brokers of the EU) have always had cultural propensity to central control, dictatorship and enslavement throughout history. The most terrifying development now is that most EU nation government directly access peoples banks accounts with no warning, no legal hearing or recourse, to take money without warning. People think it just happened once in Cyprus. Cyprus was just a test bed. 10 states now, including France and Germany, are regularly doing it. Recent European think tanks now have suggested all personal citizen income should be paid to the tax authorities from where a refund will be repaid to the individual by the government. The EU is the rise of the second soviet union. And they are hell bent on bringing these procedures into the UK.
If
I owned a property in France. Some years later, a former owner turned up with a debt lien totally unrelated to me as an individual. After 10 years (yes, 10 years) the issue is still unresolved. Even though I won cases against French state authorities and the judiciary system. The ECHR and court of justice absolutely never enforce their grand words and there is nothing you can do as an individual to fight European courts, state bodies and statutes. It is a ever ending rabbit hole of faceless bureaucrats, vague legal wordings that are designed to be ambiguous and flexibly interpreted. The aim being to beat the individual by attrition and finance. You cannot possibly fight European state bodies when they have unlimited finance via taxation and the printing press (central bank). You will be left trying to get answers and identify responsible officials in some far off land behind the walls of a non descript building guarded by armed police and security barriers. There are British home owners in Spain who are now entering second or third decades of ECHR proceedings with no resolutions regarding their seized properties.

The ECHR and court of justice are charades. UK MUST leave EU now before the creeping tentacles of the EUSSR have enslaved us all and boiled our proverbial frog through negligence and apathy.
LONGSOCKSS 09/07/2015 at 9:53 am
I have a bell across the street here which chimes 24/7.

The council doesn't want to know and basically given it the red
light to make adjustments and increase the sound when ever they feel like it.

I can hear it while watching TV, I can hear it while in my bedroom,
it's all around sound 24 hours a day.

I am now retired and being brainwashed every hour of my retirement,
there is no way of getting away from this noise.

And yes I did hear it while looking at this property way back in 1998,
but I was working then and only home in the evenings and weekends.

Now I'm sitting here in my house and being blasted through my front window 24 hours a day, it is louder than it was in 1998.
Mela 05/07/2015 at 10:55 pm
Our best friends have just been advised that they have lost their property they purchased in Kusadasi Turkey back in 2005. We also purchased our property in 2004 and got our TAPU (title deed) with out any problems. They did everything by the book employing a solicitor etc. Last month, their solicitor advised them that the court had decided in favour of the land owner who now can take any property which was built on his land, as the builder had not paid him in full for the land. In short our friends have lost a property and a further £12,000 in solicitors fees and debts. An American, a Russian,
and 2 British families have also lost their properties on the same site yet all of the Turkish families have got their TAPU. This cannot be coincidence and something is fundamentally wrong.
AboutHumanRights Editor 30/06/2015 at 11:03 am
@Wench. If you are in tied accommodation and are no longer working for the company, then they can evict you. Go to your local Housing Office and ask for advice about council housing. You could also try the Citizen's Advice Bureau where they'll be able to tell you whether the landlord has followed correct procedures and perhaps also be able to put you in touch with other private landlords in the area.
Wench 26/06/2015 at 2:45 pm
My husband has been dismissed from work and we have an eviction notice served in our tied acomodation. We have a disabled bathroom installed for my husbands needs and he is a blue badge holder. We pay rent and full council tax. We have four dependent children. Can we really be made homeless?
Freddie 16/06/2015 at 1:42 pm
I need urgent help to take a case to the ECHR. It is a family matter. My children and I have had our right to family life violated and have been discriminated against. I need somebody who knows who can give me some time to look at my case. I cannot afford solicitors. I need a volunteer or benefactor who can help me pay for somebody to look at the case. My elder daughter is badly affected by this. Please I need help.
Blue eyes 29/05/2015 at 10:32 am
My son is in prison he has now been taken to another prison that is nearly 7 hours of travel I have no way or his children to get and see him he has had no visits for months now he has asked to be moved nearer home and has been told no I just need someone to help me find a way to help him I'm getting old now and I just want to be able to see my son so please can anyone help me
bunny 10/04/2015 at 7:09 pm
Our local council( Romford) is considering an application P1407.13 for removing aggregate by open mining, in it self not a big inconvenience, however as the process is to extend over a period of 10 years, the real plan as has happened all around our area is to dig a hole which can be used to fill up with rubbish, there words inert waste, its planned literally at the bottom of our gardens, infringing our light because of planed 20 foot bunds, but the biggest problem is 10 years of air pollution, another example to the west of our village Wennington as already received planning permission effectively, if p1407.13 is approved we will be encircled by a huge waste program, there is no other recourse to us as it seems certain to be passed inspite of the obvious transgressions on health and safety, building regs etc, though being dressed up in the disguise of aggregate removal this would take months not the planed 10 year time line please help
AboutHumanRights Editor 31/03/2015 at 11:06 am
@DizzyDi. Yes unfortunately this is due to legislation changes in the Pensions Act 2014. It is unfair to those who have been planning to retire at 60, but the 'cut off' period to introduce it had to start with a certain age group we guess.
notukip 31/03/2015 at 9:55 am
What is the point of the Human Rights Act as there is no Law Enforcement to protect you from increasing violations by others.
Human Rights are there for a very good reason , and yet you do not have a leg to stand on.......Its just History repeating in different shape and form ............very worrying indeed ................
Dizzy di 26/03/2015 at 6:36 pm
I have paid my full stamp since fifteen 45 years to be told that I have to wait another six years when I was promised if I paid a full stamp a guaranteed pension at the age of sixty D
pab65 11/02/2015 at 11:13 am
As a disabled and had a list of events and attacks to me and my well being and medical negligences ,OR misleading , whatever you want to call it ~(and without speculating , of course) , i strongly believe that human rights and constantly being ignored or even abused by the law. No doubt we are gong backwards medieval times in the technological era .I hope common sense and decency will prevail , after all those who are directly paying for injustices .
bumble 26/11/2014 at 4:21 pm
what is the point of having an appeal system re;court case when the appeal goes in your favor but you still have no legal rights.and unless you can equal the bank role of say your local housing authority you really have no hope of justice
jag 08/04/2014 at 10:40 am
I had finished my sentenced in January. But they still hold me coz I am a alien from another country. I spent my all life in England but they didn't understand. They ruined my life. I have got still hope one day I 'll b release. U.K.goverment is saving money they cutting in every single field but they didn't tell how much they spend and where? Annually cost of one detainee is between $20,000 to £25,000. What about single prisoner? between £30,000 to $40,000 a year. Mostly peoples they don't know. Why media didn't ask to U.K.goverment where is the money gone? and debt is near Triple. What we do? I am not British but I spent my all life in Britain. I knew all G.B. history most British citizen don't know. even They don't know national anthem but they r British citizen. I knew national anthem but I am alien.
Andy 29/07/2013 at 3:33 pm
A Portion of land conveyed to me, but the authorities suggest I have
failed to comply with the conveyance, although, the architect turning moment calculations were approved by the school, from where I purchased the land, which demonstrates, calculations for both 3ft & 6ft retaining boundary wall calculations.
The retaining wall in question, has been in place for over 20 years.
pest 10/10/2012 at 2:51 pm
about finding ways to live.
can you find a good lawyer?

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