Protection of human rights in the ECtHR

What do most people do when their rights are violated? They turn to the court for help. However, there may be cases when the appeal to the court did not allow to obtain the desired result. What is the way out of this situation? This is the protection of human rights in the ECtHR (European Court of Human Rights). In this article, our experts, lawyers of the Prykhodko and Partners office will tell you how the procedure for applying to the ECtHR takes place and how the case is considered.

What cases does the ECtHR deal with?

In the conditions of a full-scale war, the number of appeals by Ukrainians to the ECtHR increased. Although this court does not directly deal with war crimes. Both individuals and legal entities can apply to the ECtHR. The European Court is politically oriented. That is, very often representatives of the ECHR pay attention to such issues as:

• Violation of the rights of convicts.
• Persecution of representatives of the LGBT community.
• Failure to observe the constitutional rights of citizens, etc.

Please note: an appeal to the ECHR is possible only in those cases when all available methods of legal protection in Ukraine have been exhausted. That is, you went through all the courts.

The deadline for submitting an application is within 4 months from the day when the final decision of the national court is adopted (it is not subject to appeal).

Applying to the ECtHR on your own is quite difficult. You will definitely need the help of a professional lawyer.

Important: The European Court does not replace the role of a national court. It is not a higher instance than a national court. The ECtHR cannot change/overturn decisions of national courts.

In the process of considering applications from individuals, the Court comes to a conclusion, whether the state has really committed a violation of its obligations under the Convention on Human Rights and its protocols. If the fact of violation is recognized, appropriate measures of influence are applied.

How to properly file an application to the European Court of Human Rights?

Lawyers Prykhodko and Partners will help prepare an individual statement. It is drawn up in writing in one of the languages ​​of the states that have ratified the Convention on Human Rights. The application to the ECtHR is made on an official form.

The following information is indicated in the application:

1. Information about process participants.
2. Presentation of the facts of the violation.
3. Indication of specific rights and freedoms that have been violated.

In addition, references to the articles of the Convention that were violated are indicated.

1. Concise statement of requirements.
2. Indication of the national means of legal protection that have been used.
3. Providing evidence.
4. Signing the application and indicating the date of its signing.

If, after considering the case, the Court recognized that Ukraine has violated the plaintiff’s rights and freedoms, the person acquires the status of debt collector and has the right to demand the execution of the relevant decision.

Execution of ECtHR decisions is possible in the following aspects:

• Payment of compensation

An important condition is that it must be awarded or stipulated in the terms of the settlement.

• Taking additional measures.

These measures of an individual nature have the following purpose – to restore the rights that have been violated.

• Activities of a general nature.

They are aimed at preventing the risk of similar violations occurring in the future.

Assistance of lawyers in applying to the ECHR

Thus, if you have not found a solution to your problem in the Ukrainian courts, the solution may be an appeal to the European Court of Human Rights.

Our lawyers have the necessary experience in filing an application to the ECHR. All you need to do is contact the specialists of Prykhodko and Partners. We have sufficient experience of interaction with international organizations.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for filing an application to the ECHR, fill out the form below.