Article 34 of European Convention on Human Rights
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Article 34 of European Convention on Human Rights (ECHR) establishes the right of individuals, non-governmental organisations, and groups to submit applications to the European Court of Human Rights (ECtHR) when they believe that their rights under the ECHR or its Protocols have been violated.
Article 14 – Prohibition of Discrimination
The Court may receive applications from any person, non-governmental organisation, or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
Individual applications: Article 34 of the ECHR grants individuals, non-governmental organisations, and groups of individuals the right to bring complaints or applications to the ECtHR. This means that if they believe their human rights, as protected under the ECHR or its Protocols, have been violated by one of the High Contracting Parties (countries that have ratified the Convention), they can seek redress directly from the Court.
Victim status: To file an application, the claimant must demonstrate that they are a victim of a human rights violation. In legal terms, this means they must show that their rights have been affected in a way that constitutes a violation of the Convention. The ECtHR will assess the admissibility of the application, including whether the claimant has victim status.
Non-Governmental Organisations (NGOs): Article 34 explicitly includes NGOs as eligible applicants. This is significant because it allows organisations dedicated to human rights and civil liberties to bring cases to the ECtHR on behalf of individuals or groups, even if those individuals may not be able to do so themselves.
Protection of the right to apply: The article emphasises that High Contracting Parties must not hinder or obstruct the effective exercise of the right to apply to the ECtHR. This obligation underscores the commitment of states to ensure that individuals, NGOs, and groups have access to international mechanisms for the protection of their human rights.
International redress: The purpose of Article 34 is to provide a means for individuals and organisations to seek international redress when they believe their rights under the ECHR have been violated by their own government. This allows for a level of accountability beyond the national legal system.
Decisions and remedies: When an application is brought before the ECtHR, the Court will review the case and make a judgment on whether a violation has occurred. If a violation is found, the Court may also order remedies, such as compensation for the victim or changes in national laws or practices to prevent future violations.
In summary, Article 34 is a foundational element of the ECHR, ensuring that individuals, NGOs, and groups have a means of seeking justice and accountability at the international level when they believe their human rights have been violated by a state that is a party to the Convention. It underscores the commitment of High Contracting Parties to uphold human rights standards and respect the right of individuals to bring their cases to an international tribunal.
Article 14 – Prohibition of Discrimination
The Court may receive applications from any person, non-governmental organisation, or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
Individual applications: Article 34 of the ECHR grants individuals, non-governmental organisations, and groups of individuals the right to bring complaints or applications to the ECtHR. This means that if they believe their human rights, as protected under the ECHR or its Protocols, have been violated by one of the High Contracting Parties (countries that have ratified the Convention), they can seek redress directly from the Court.
Victim status: To file an application, the claimant must demonstrate that they are a victim of a human rights violation. In legal terms, this means they must show that their rights have been affected in a way that constitutes a violation of the Convention. The ECtHR will assess the admissibility of the application, including whether the claimant has victim status.
Non-Governmental Organisations (NGOs): Article 34 explicitly includes NGOs as eligible applicants. This is significant because it allows organisations dedicated to human rights and civil liberties to bring cases to the ECtHR on behalf of individuals or groups, even if those individuals may not be able to do so themselves.
Protection of the right to apply: The article emphasises that High Contracting Parties must not hinder or obstruct the effective exercise of the right to apply to the ECtHR. This obligation underscores the commitment of states to ensure that individuals, NGOs, and groups have access to international mechanisms for the protection of their human rights.
International redress: The purpose of Article 34 is to provide a means for individuals and organisations to seek international redress when they believe their rights under the ECHR have been violated by their own government. This allows for a level of accountability beyond the national legal system.
Decisions and remedies: When an application is brought before the ECtHR, the Court will review the case and make a judgment on whether a violation has occurred. If a violation is found, the Court may also order remedies, such as compensation for the victim or changes in national laws or practices to prevent future violations.
In summary, Article 34 is a foundational element of the ECHR, ensuring that individuals, NGOs, and groups have a means of seeking justice and accountability at the international level when they believe their human rights have been violated by a state that is a party to the Convention. It underscores the commitment of High Contracting Parties to uphold human rights standards and respect the right of individuals to bring their cases to an international tribunal.
