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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Selected filters: Right to family life

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Showing 1-10 of 209 results

Guide on Article 8 of the European Convention on Human Rights - Right to respect for private and family life 31 August 2020 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses
CASE OF RANA v. HUNGARY (Application no. 40888/17) The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not have a birth certificate from Hungary, a change in the birth register being the way name and gender changes were legally recognised. The Court concluded that a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life owing to the refusal to give him access to the legal gender recognition procedure. 16 July 2020 \| 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): Birth Certificates - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life \| Countries: Hungary - Iran, Islamic Republic of
Affaire Cordella et autres c. Italie (Requêtes nos 54414/13 et 54264/15) 24 January 2019 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Human rights law - Right to family life \| Countries: Italy
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 T.C.E. 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
Accompanied migrant minors in detention January 2018 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses
Unaccompanied migrant minors in detention January 2018 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses
M.M. and Others v. The Netherlands Linked applications: 26268/09, 33314/09 and 53926/09 19 June 2017 \| 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): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness \| Countries: Afghanistan - Netherlands
Krasniqi v. Austria 25 April 2017 \| 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): Complementary forms of protection - Criminal justice - Expulsion - National security / Public order - Right to family life \| Countries: Austria - Serbia
El Ghatet v. Switzerland 8 November 2016 \| 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): Family reunification - Right to family life \| Countries: Albania - Egypt - Switzerland

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