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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

Aarabi c. Grèce

2 April 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Illegal entry - Immigration Detention - Palestinian - Prison or detention conditions - Unaccompanied / Separated children | Countries: Greece - Lebanon

Al-Tayyar Abdelhakim v. Hungary

23 October 2012 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Immigration Detention | Countries: Hungary - Lebanon - Palestine, State of

Saidoun c. Grèce

28 October 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Refugees - Right to family life | Countries: Greece - Lebanon

Saidoun c. Grèce

28 October 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Discrimination based on race, nationality, ethnicity - Naturalization - Refugees - Right to family life | Countries: Greece - Lebanon

Riad et autres et Idiab et autres c. Belgique

21 September 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Denial of refugee status | Countries: Belgium

Ebrahim and Ebrahim v. the Netherlands

18 March 2003 | 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 - Family reunification - Palestinian - Right to family life - Statelessness | Countries: Lebanon - Netherlands

Antoine Zoghaib v. Sweden

29 June 1999 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Decision on admissibility - Expulsion | Countries: Lebanon - Sweden

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