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 Law 17
Case Law Compilations/Analyses 3

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CASE OF M.S. v. SLOVAKIA AND UKRAINE (Application no. 17189/11) The applicant complained that the Slovakian authorities, having arrested him after he had crossed from Ukraine, had failed to inform him of the reasons for his arrest, in violation of Article 5 § 2 of the Convention. They had then returned him to Ukraine, where he had been detained in inadequate conditions in disregard of his alleged status as a minor, in breach of Article 3. He had been unable to participate effectively in the proceedings concerning his detention, and had eventually been returned to Afghanistan in the absence of an adequate assessment of the risks he had faced there, in breach of Article 3, Article 5 §§ 1, 2 and 4, and Article 13 of the Convention. Lastly, he alleged, under Article 34, that an NGO representative had been denied access to him in Ukraine, preventing him from lodging an application for an interim measure with the Court. 11 June 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): Children's rights - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Legal representation / Legal aid - Rejected asylum-seekers \| Countries: Afghanistan - Slovakia - Ukraine
AFFAIRE BILALOVA ET AUTRES c. POLOGNE (Requête no 23685/14) Relying in particular on Article 5 § 1 (f) (right to liberty and security), the applicants complained about their placement and retention in the closed centre for aliens, alleging, inter alia, that they were illegal. Violation of Article 5 § 1 f) – in respect of the applicant children, concerning their retention in the closed centre 26 March 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): Children's rights - Expulsion - Rejected asylum-seekers - Right to liberty and security \| Countries: Germany - Poland - Russian Federation
Children's rights April 2019 \| Publisher: Council of Europe: European Court of Human Rights \| Document type: Case Law Compilations/Analyses
Z.H. and R.H. v. Switzerland 8 December 2015 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Expulsion - Right to family life \| Countries: Afghanistan - Italy - Switzerland
Mennesson c. France 26 June 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Citizenship / Nationality law - Denial of nationality - Right to family life \| Countries: France - United States of America
Labassee c. France 26 June 2014 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Citizenship / Nationality law - Denial of nationality - Right to family life \| Countries: France - United States of America
Eremia and others v. The Republic of Moldova 28 May 2013 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Domestic violence - Freedom from torture, inhuman and degrading treatment - Gender discrimination - Right to family life \| Countries: Moldova, Republic of
Case of Popov v. France 19 January 2012 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to family life \| Countries: France
Popov c. France 19 January 2012 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to family life \| Countries: France - Kazakhstan
Popov c. France 19 January 2012 \| Judicial Body: Council of Europe: European Court of Human Rights \| Document type: Case Law \| Topic(s): Children's rights - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Right to family life \| Countries: France - Kazakhstan

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