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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CASE OF H.K. v. HUNGARY (Application no. 18531/17)

The applicant complained that he had been part of a collective expulsion on 3 September 2016, in violation of Article 4 of Protocol No. 4 to the Convention. He further complained under Article 13 of the Convention, that he had had no remedy at his disposal that would have enabled him to complain of a violation of Article 4 of Protocol No. 4 to the Convention.

22 September 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): Expulsion | Countries: Hungary - Iran, Islamic Republic of - Serbia

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 N.H. ET AUTRES c. FRANCE (Requête no 28820/13 et 2 autres)

The French authorities had failed in their duties under domestic law. They were found responsible for the conditions in which the applicants had been living for several months: sleeping rough, without access to sanitary facilities, having no means of subsistence and constantly in fear of being attacked or robbed. The applicants had thus been victims of degrading treatment, showing a lack of respect for their dignity. The Court found that such living conditions, combined with the lack of an appropriate response from the French authorities and the fact that the domestic courts had systematically objected that the competent bodies lacked resources in the light of their status as single young men, had exceeded the threshold of severity for the purposes of Article 3 of the Convention. The three applicants N.H., K.T. and A.J. had thus found themselves, through the fault of the French authorities, in a situation that was incompatible with Article 3 of the Convention.

2 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): Freedom from torture, inhuman and degrading treatment - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - France - Georgia - Iran, Islamic Republic of - Russian Federation

AFFAIRE M.R. c. SUISSE (Requête no 6040/17)

no violation of article 2 or 3 ECHR

16 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): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Rejected asylum-seekers | Countries: Iran, Islamic Republic of - Switzerland

S.G. c. Grèce

18 May 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): Asylum-seekers - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment | Countries: Greece - Iran, Islamic Republic of

S.G. v. Greece

18 May 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): Asylum-seekers - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Reception | Countries: Greece - Iran, Islamic Republic of

O.M. v. Hungary

5 July 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Immigration Detention - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Prison or detention conditions | Countries: Hungary - Iran, Islamic Republic of

F.G. v. Sweden

23 March 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Right to life | Countries: Iran, Islamic Republic of - Sweden

R.T. c. Grèce

11 February 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Illegal entry - Kurd - Prison or detention conditions | Countries: Greece - Iran, Islamic Republic of - Türkiye

E.A. c. Grèce

30 July 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Immigration Detention - Prison or detention conditions | Countries: Greece - Iran, Islamic Republic of

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