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FOR YOU: The European Convention on Human Rights.
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The Convention on Human Rights is the only legal frame work which:
- gives the same and direct right to court proceedings;
- to all citizens from France to Russia, from the UK to Turkey.
So it is the most important but invisible legal and hence also political power
reglementation framework, which joins all the people of this
continent in its widest geographical sense.
What does this mean for you in case of trouble?
Practically all experienced major injustice, committed by
state authorities or by related organisations and companies, tends to be a
violation of the Convention. It might give you a direct right
of a complaint to an international superiour court, if national
legal remedies are exhausted without success.
The major 'technical' restrictions:
- basically only help for injustice acts committed by public authorities;
- only after exhaustion of 'inner remedies' [national courts];
- hence help comes typically when it is too late - for past closed events.
- In reality the situation is far better than it sounds on the
formal law code level:
- - Normally, most major unpunished injustice means some implication
of public authorities.
- - You can require the observation of the Convention on Human Rights
'every day' and on any
level of administrative and court proceedings.
[In the UK, this is formal and efficient law since 2000.
In the other countries, this
results from the inherent legal logics of the various rules of the Convention.]
The major 'technical' advantages:
- The Court at Strasbourg deals meanly with injustice 'cases', not with laws to
improve. [No direct influence on national legislations.]
- So YOUR case WILL be treated, whenever the Convention
is clearly and significantly violated.
- Compare this with the German Constitutional Court
[Bundesverfassungsgericht]. Its main formal constitutional role
is to decide on legislation and its formal reform obligations.
And anyway, the number of citizen complaints is
far-far-far above the court capacity.
The problems for your complaint
- Proceedings at courts related to fundamental rights require
valid arguments, based on a difficult legal analysis.
The legal analysis related to fundamental law belongs to
the most difficult subjects in law offices.
Even domestic cours have difficulties with this, because
the judges are specialists of other areas of law.
So you will have a lot of diffucielties to find your way.
- Exhaustion of 'inner remedies' [court proceedings in
your own coutnry, etc.] is required,
Very evident injustice cases will rarely be maintained inside a country.
So if you really have lost on all levels, this means that your
matter is complicated and will in most cases not be easy
to win at an international court.
- A further problem is that of quantity.
The Court [Strasbourg, FRANCE] will evidently not be able to deal
properly with all injustice of state authorities
for a territory with more than 500 million habitants.
- How this problem will perhaps be solved for future perhaps rapidly growing
complaint numbers, is not known here. But there might be a
growing problem of not being accepted in case of less convincing applications
to the Court.
How to solve the problems for your complaint
- It might be respectful for the Court and helpful for your own interest,
to charge the Court with a complaint only when there is a specific
justification for doing so.
- It is far more efficient to argument with the rules of the Convention in all
dispute cases with state authorities since the beginning and within
ordinary court proceedings at domestic courts.
The risk for state authorities
of being perhaps one day condamned by this international
court, can produce miracles.
This is also better so for a more wide-spread knowledge and
recognition related to the Convention.
- Remember, your complaint to the European Court of Human Rights
is normally only possible for facts far in the past, 5 years or more.
So most consequences of injustice cases can not any more be repaired.
In addition, the Court does normally not decide significant
pecuniary damage compensations [excepted extreme cases like
heavy torture and death].
It is a Court to protect Human Rights, not to protect business profits.
- Resume: Learn with the help of the various instructions
available here, how to argument at any fitting situation with
the Convention on Human Rights.
Do it in a polite and respectful manner, but without any
false compromise. You will see how state authorities
cancel sometimes instantly injustice behavior, as soon
as such a letter arrived at the personal office of the director
of the administrative body concerned.
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