Last Updated: Friday, 01 November 2019, 13:47 GMT

Council of Europe: European Court of Human Rights

The Court, based in Strasbourg, was set up as a result of the European Convention on Human Rights, created in 1950. This set out a catalogue of civil and political rights and freedoms. It allows people to lodge complaints against States which have signed up to the Convention for alleged violations of those rights. Although founded in 1950, the Court did not actually come into existence until 1959. It gained its present form as a single European Court of Human Rights when Protocol No. 11 to the ECHR took effect in 1998.

The Court is currently made up of 47 judges, one in principle for every State signed up to the Convention. They are elected by the Parliamentary Assembly of the Council of Europe and serve for six years. Judges sit on the Court as individuals and do not represent their country.  Website: www.echr.coe.int/Pages/home.aspx?p=home
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CASE OF BISTIEVA AND OTHERS v. POLAND (Application no. 75157/14)

violation of article 8 - child’s best interests cannot be confined to keeping the family together - detention is mesure of last resort -consideration should be given to alternative measures - detention of minors called for greater speed and diligence on the part of the authorities

10 April 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to family life | Countries: Germany - Poland - Russian Federation

CASE OF EJIMSON v. GERMANY (Application no. 58681/12)

in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.

1 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life | Countries: Germany - Nigeria

Mutlag c. Allemagne

25 March 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Right to family life | Countries: Germany - Jordan

Kaya v. Germany

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

28 June 2007 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Criminal justice - Deportation / Forcible return - Expulsion - Residence permits / Residency - Right to family life | Countries: Germany - Turkey

Niedzwiecki v. Germany

15 February 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Prevention of discrimination - Residence permits / Residency - Right to family life - Rule of law / Due process / Procedural fairness | Countries: Germany - Poland

Dragan et autres c. l'Allemagne

7 October 2004 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Decision on admissibility - Deportation / Forcible return - Expulsion - Public health - Right to family life - Rights of non-citizens - Statelessness - Withdrawal of nationality | Countries: Germany - Romania

Elsholz v. Germany

13 July 2000 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Germany

Elsholz v. Germany

13 July 2000 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Right to family life | Countries: Germany

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