Title | M.N. and Others against Belgium (Application no. 3599/18) Grand Chamber Decision |
Publisher | Council of Europe: European Court of Human Rights |
Publication Date | 5 May 2020 |
Country | Belgium | Lebanon | Syrian Arab Republic |
Topics | Access to procedures | Decision on admissibility | Effective remedy | Jurisdiction | Visas |
Citation / Document Symbol | ECLI:CE:ECHR:2020:0505DEC000359918 |
Other Languages / Attachments | French | Legal Summary |
Cite as | M.N. and Others against Belgium (Application no. 3599/18) Grand Chamber Decision, ECLI:CE:ECHR:2020:0505DEC000359918 , Council of Europe: European Court of Human Rights, 5 May 2020, available at: https://www.refworld.org/cases,ECHR,5eb3d2624.html [accessed 7 November 2021] |
Comments | The Court reiterated that Article 1 (obligation to respect human rights) of the European Convention limited its scope to persons within the jurisdiction of the States Parties to the Convention. In the present case, it noted that the applicants were not within Belgium’s jurisdiction in respect of the circumstances complained of under Articles 3 and 13 of the Convention. The Court also considered that Article 6 § 1 of the Convention was inapplicable in the present case. The entry to Belgian territory which would have resulted from the visas being issued did not engage a “civil” right within the meaning of Article 6 § 1. Lastly, the Court noted that this conclusion did not prejudice the endeavours being made by the States Parties to facilitate access to asylum procedures through their embassies and/or consular representations. |
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