The European Court of Human Rights was established in Strasbourg in 1959 to consider cases of violations of the European Convention on Human Rights, adopted in 1950. In 1998, the Court began operating on a permanent basis, incorporating two judicial levels: the Human Rights Commission and the Court itself.

For those interested in the Court's activities, a primary question arises: what cases does it consider, and can one apply to the Court in any instance when a person believes their right has been violated and they find no protection at the national level, or can the Court only be approached on a certain range of issues? This is a question of the Court's subject-matter competence.

The answer to this question is given by Article 1 of the Convention: member states "shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention." This article, formulated before the adoption of the Protocols to the Convention, should be supplemented by the rights established by these Protocols. The general defining principle is clear: the Court is competent to consider only those cases concerning violations of rights and freedoms guaranteed by the Convention, and the Court's decisions can only be based on its norms.

The Convention guarantees the following rights:

• The right to life.
• Prohibition of torture.
• Prohibition of slavery and forced labor.
• The right to liberty and personal security.
• The right to a fair trial.
• Punishment only on the basis of the law.
• The right to respect for private and family life.
• Freedom of thought, conscience, and religion.
• Freedom of expression.
• Freedom of assembly and association.
• The right to marry.
• The right to an effective remedy.
• Prohibition of discrimination.

A mandatory condition for determining the admissibility of a complaint to the European Court is that the subject of the complaint can only be a right guaranteed by the Convention. If the complaint concerns any other right, it will not be accepted. This condition in the Court's practice is termed ratione materiale.

To apply to the human rights court, it is necessary to receive refusals at the primary and secondary judicial instances in the country of residence. Then, within exactly six months from the date of the last court decision, send a letter to Strasbourg. If the court finds that rights have been violated, it will decide on "fair compensation" to be paid by the respondent. The court itself determines the amount of the claim against the state, taking into account both direct damages and associated negative consequences for the applicant. The decision on the claim is mandatory for execution in the respondent's territory. Decisions of the European Court are not final. They can be appealed to the Supreme Court of Human Rights within three months from the day the European Court's decision is issued, but this is allowed only in exceptional cases.

Question - Answer.

How much does it cost? – One postage stamp for Europe, namely a small amount by ground transport or slightly more by airmail. There's no need to travel to France. If the court wants to hear you, it will invite you to the hearing, paying in advance for transportation and accommodation expenses. The procedure for considering the case is free of charge.

Who can apply to this court? – Any citizen, as well as a stateless person, who has gone through all the necessary instances in their country of residence and received a refusal.

Who can you sue? – Only the state. The Court does not accept complaints against private individuals or organizations.

On what grounds can you apply to the European Court of Human Rights? – On any, if rights protected by the Convention are infringed or ignored. More details can be found in the Human Rights Conventions; cases of human rights violations not listed in the Convention are not considered by the European Court of Human Rights.

What materials need to be sent to the European Court of Human Rights? – Only the special complaint form with proper completion of all items describing your case, as well as photocopies of judicial acts.

In what form should the complaint be to the European Court? – The complaint to the European Court is in the form of a questionnaire, which contains specific requirements corresponding to Rule 47 of the European Court of Human Rights Regulations.

Applying to any court is not a quick matter, especially to an international one. Decisions of the European Court of Human Rights can take quite a long time, but its decisions must be strictly observed. For the plaintiff, applying to the Strasbourg Court (European Court of Human Rights) costs almost nothing, but a significant result can be achieved. Unfortunately, the principle of analogy in law does not apply, so everyone must apply to the court independently.

Currently, there are not many specialists capable of professionally preparing a complaint to the European Court of Human Rights. Our employees have successful and extensive experience in this field. We will be glad to assist you in protecting your rights in the European Court of Human Rights.