Last Updated: Wednesday, 17 May 2023, 15:20 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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AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18)

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 2022 | 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 - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

Tanda-Muzinga 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 | Countries: Cameroon - Congo, Democratic Republic of the - France

Mawaka v. The Netherlands

1 June 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Country of origin information (COI) - Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refugees - Right to family life | Countries: Congo, Democratic Republic of the - Netherlands

Anakomba Yula c. Belgique

Cet arrêt deviendra définitif dans les conditions définies à l'article 44 § 2 de la Convention. Il peut subir des retouches de forme.

10 March 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Access to procedures - Criminal justice - Right to family life | Countries: Belgium - Congo, Democratic Republic of the

S.M. v. Sweden

10 February 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Credibility assessment - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Mental health - Persecution based on political opinion - Sexual and gender-based violence (SGBV) | Countries: Congo, Democratic Republic of the - Sweden

Mubilanzila Mayeka et Kaniki Mitunga c. Belgique

DÉFINITIF 12/01/2007. Cet arrêt deviendra définitif dans les conditions définies à l'article 44 § 2 de la Convention. Il peut subir des retouches de forme.

12 October 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Airports - Family reunification - Immigration Detention - Non-refoulement - Refoulement - Rejection at border - Travel documents | Countries: Belgium - Congo, Democratic Republic of the

Mubilanzila Mayeka and Kaniki Mitunga v. Belgium

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

12 October 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Airports - Family reunification - Immigration Detention - Non-refoulement - Refoulement - Rejection at border - Travel documents | Countries: Belgium - Congo, Democratic Republic of the

Mubilanzila Mayeka et Kaniki Mitunga c. Belgique

26 January 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Non-refoulement - Pre-trial detention - Prison or detention conditions - Unaccompanied / Separated children | Countries: Belgium - Congo, Democratic Republic of the

N. v. Finland

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

26 July 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return | Countries: Congo, Democratic Republic of the - Finland

Ntumba Kabongo c. Belgique

2 June 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Decision on admissibility | Countries: Belgium - Congo, Democratic Republic of the

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