Last Updated: Thursday, 29 September 2022, 11:15 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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M.N. and Others against Belgium (Application no. 3599/18) Grand Chamber Decision

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.

5 May 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Decision on admissibility - Effective remedy - Jurisdiction - Visas | Countries: Belgium - Lebanon - Syrian Arab Republic

X. and X. v. Belgian State

7 March 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Refugee / Asylum law - Visas | Countries: Belgium - Syrian Arab Republic

Senigo Longue et autres c. France

10 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Right to family life - Visas | Countries: Cameroon - France

Omojudi v. United Kingdom

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

24 November 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Criminal justice - Deportation / Forcible return - Residence permits / Residency - Right to family life - Visas | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

Andrews v. United Kingdom

Admissibility application.

29 September 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - National security / Public order - Right to family life - Visas | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

Priya v. Denmark

6 July 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Immigration law - Residence permits / Residency - Right to family life - Visas | Countries: Denmark - India

Benamar and Others v. the Netherlands

5 April 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification - Residence permits / Residency - Right to family life - Visas | Countries: Morocco - Netherlands

Ghiban c. Allemagne

16 September 2004 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Naturalization - Statelessness - Visas | Countries: Germany - Romania

Ndangoya v. Sweden

22 June 2004 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Decision on admissibility - Visas | Countries: Sweden - Tanzania, United Republic of

Nasimi v. Sweden

16 March 2004 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Decision on admissibility - Visas | Countries: Iran, Islamic Republic of - Sweden

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