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How to file a complaint with the ECHR
Criterion of admissibility of applications (Article 34, 35 of the European Convention on Human Rights) |
The European Court of Human Rights may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation by the country of their residence of their rights set forth in the European Convention on Human Rights or the protocols thereto.
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Criterion of circumstances of time |
The circumstance of time means that a state signing and ratifying one or another international treaty undertakes an engagement to fulfill it beginning from an appointed moment. The Russian Federation has committed itself to observing human rights set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms since May 5, 1998.
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Criterion of circumstance of place |
The circumstance of place means that the fact of the violation of the right must take place in the territory that is under the jurisdiction of a state, which is a member of the Council of Europe, has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms. |
Criterion of the merits of the application |
This criterion restricts the possibility of applying to the European Court of Human Rights only by the rights which are defined in the European Convention for the Protection of Human Rights and Fundamental Freedoms and by Protocols thereto. An analogous rule is available for applying to the UN Committee on Human Rights, which may be exercised only concerning the rights set forth in the International Covenant on Civil and Political Rights. |
Circumstances of a person concern the fact who exactly may apply to the European Court of Human Rights and against whom a complaint may be lodged. A respondent in the European Court is always a state, which is a member of the Council of Europe as well as has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which has violated human rights and fundamental freedoms of a person set out in the European Convention. At present 45 states have signed the Convention.
A wide circle of persons may act as applicants on complaints to the European Court of Human Rights.
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