European Courts of Human Rights

Question 1

What is the ECHR?

Answer 1

An internal court established by the ECHR.

Question 2

What does the ECHR do?

Answer 2

Hears applications alleging that a state has broken a provision of the convention e.g. McCann v UK or Garaudy v France.

Question 3

McCann v UK and Garaudy v France

Answer 3

Damages to family - changes to law saying all operations must be planned etc.

Question 4

What is the process an individual goes through to get a hearing?

Answer 4

An individual can lodge a complaint when all domestic remedies are exhausted.

Question 5

Why might an individual want there case to be heard?

Answer 5

For the country to change its law and/ or pay compensation.

Question 6

What must an applicant do?

Answer 6

Make a claim stating the facts/ what article has been violated/ the claim is admissible/ what remedy.

Question 7

What % of claims are considered inadmissable?

Answer 7

90%.

Question 8

When must a hearing be brought?

Answer 8

6 months after the last domestic court hearing.

Question 9

Margin of appreciation

Answer 9

ECHR accept not all countries work the same way e.g. right to live doesn’t mean the right to die in some countries like the UK but in other countries it does.

Question 10

Remedies

Answer 10

Damages/ costs ad changes of law.