Legal Definitions - European Court of Human Rights

The European Court of Human Rights is an international court established by the Council of Europe. Its primary purpose is to ensure that the 46 member states of the Council of Europe uphold the human rights and fundamental freedoms outlined in the European Convention on Human Rights. Individuals, groups, or even other states can bring cases before the Court if they believe a member state has violated their civil or political rights, and they have exhausted all legal avenues within that country. The Court's judgments are legally binding on the states involved.

Here are some examples of situations where the European Court of Human Rights might be involved:

• Freedom of Expression: A journalist in a Council of Europe member state is arrested and detained for publishing articles critical of the government's environmental policies. After exhausting all appeals within their national legal system, the journalist's legal team believes their right to freedom of expression, as guaranteed by the European Convention on Human Rights, has been violated. They can then take their case to the European Court of Human Rights, asking the Court to rule on whether the state's actions were unlawful under the Convention.

• Right to a Fair Trial: A citizen in a member state is accused of a crime and claims they were denied adequate legal representation during their trial, leading to an unfair conviction. After their national appeals are unsuccessful, they argue that their right to a fair trial, enshrined in the European Convention on Human Rights, was breached. They can apply to the European Court of Human Rights, seeking a ruling that their trial was not conducted in accordance with the Convention's standards.

• Right to Private and Family Life: A family living in a Council of Europe member state faces forced eviction from their home by local authorities to make way for a private development, without what they consider to be proper consultation or compensation. They argue that this action infringes upon their right to respect for private and family life and their home, as protected by the European Convention on Human Rights. After exhausting all domestic legal remedies, they could bring their case to the European Court of Human Rights, seeking a judgment against the state for violating their rights.