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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V.C.L. and A.N. v. The United Kingdom (applications nos. 77587/12 and 74603/12)

The Court held that once the authorities had become aware of a credible suspicion that an individual had been trafficked, he or she should be assessed by a qualified person. Any decision to prosecute should follow such an assessment, and while the decision would not necessarily be binding on a prosecutor, the prosecutor would need to have clear reasons for reaching a different conclusion. In the case of both V.C.L. and A.N., the Court found that despite the existence of credible suspicion that they had been trafficked, neither the police nor the prosecution service had referred them to a competent authority for assessment; although both cases were subsequently reviewed by the prosecution service, it disagreed with the conclusion of the competent authority without giving clear reasons capable of undermining the competent authority’s conclusions; and the Court of Appeal limited itself to addressing whether the decision to prosecute had been an abuse of process. The Court therefore found that there had been a violation of Article 4 in both applicants’ cases. The Court found that, although the authorities had made some accommodations to the applicants after their guilty verdicts, the lack of any assessment of whether the applicants had been victims of trafficking may have prevented them from securing important evidence capable of helping their defence. As such the proceedings had not been fair, leading to a violation of Article 6 § 1.

16 February 2021 | 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): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam

Khan c. France (application no. 12267/16)

violation of article 3 (prohibition of inhuman and degrading treatment).

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee camps - Unaccompanied / Separated children | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland

Deprivation of citizenship

January 2018 | Publisher: Council of Europe: European Court of Human Rights | Document type: Case Law Compilations/Analyses

S.S.M. v. United Kingdom

22 June 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): Immigration Detention - Mental health - Right to liberty and security | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

Ahmed v. the United Kingdom

2 March 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Refugee / Asylum law - Rejected asylum-seekers | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

Factsheet - Roma and Travellers

July 2016 | Publisher: Council of Europe: European Court of Human Rights | Document type: Country Reports

I.A.A. and Others v. United Kingdom

31 March 2016 | 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 - Right to family life | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

F.N. v. the United Kingdom

17 September 2013 | 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 - Freedom from torture, inhuman and degrading treatment - Right to family life | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

Abdi v. The United Kingdom

9 April 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Immigration Detention | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland

H. and B. v. The United Kingdom

9 April 2013 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Regional instruments | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

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