THE RIGHT TO AN EFFECTIVE MEANS OF LEGAL PROTECTION
PROTECTION THROUGH THE EUROPEAN COURT OF HUMAN RIGHTS
Article 13 - The right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention have been violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons exercising their official authority.
Enabling every citizen to protect their rights through national remedies is an important duty of the state. Failure to respect the right to effective legal protection in fact leads to non-compliance with all other human rights.
Violation of Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms can take many forms:
- Unjustified leaving without consideration of the complaint to state bodies.
- Inability of state bodies to restore violated rights.
- Unmotivated decision-making by the authorities.
- Refusal to indemnify.
- Failure to comply with court decisions.
- Failure to provide access to judicial and extrajudicial remedies.
- Violation of the right to appeal against court decisions.
- Violation of the investigation procedure.
Importantly! In some cases, in applying Article 13 of the Convention, the Court departs from the mandatory requirement of "exhaustion of domestic remedies", as it is their ineffectiveness that has led the applicant to seek protection of his rights.
If you have any questions - contact our specialists for advice, analysis of your case and preparation of an appeal to the European Court of Human Rights.
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