The European Court of Human Rights

The European Court of Human Rights (ECtHR) sits in Strasbourg, France. It hears cases brought by individuals against any of the 46 member states of the Council of Europe, alleging breaches of the European Convention on Human Rights. The Council of Europe is separate from the European Union; the UK remained a member of the Council and a signatory to the Convention after Brexit.

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Most rights protected by the Convention can also be enforced in UK courts under the Human Rights Act 1998. Cases only go to Strasbourg after domestic remedies have been exhausted. Decisions of the ECtHR are binding on the UK government but the European Court has no power to strike down a UK Act of Parliament.

You may be asked where the European Court of Human Rights sits (Strasbourg), or whether the UK is still a member of the Council of Europe (it is).

Test yourself on this topic

These questions from the official-format question bank cover the same material. Tap any question to see the correct answer and a short explanation.

1. Which TWO principles are included in the European Convention on Human Rights?
2. The Council of Europe is ______ for the protection and promotion of human rights in member countries
3. ______ had an important role in drafting the European Convention on Human Rights and Fundamental Freedoms
4. Some of the principles included in the European Convention on Human Rights are
5. When did the UK sign the European Convention on Human Rights and Fundamental Freedoms?
6. The European Convention on Human Rights is incorporated into UK law

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