European Human Rights : Taking a Case Under the Convention

Table of Contents;
FOREWORD;
C ONTENTS;
T ABLE OF CASES;
T ABLE OF LEGISLATION;
1 INTRODUCTION;
History of Human Rights
Universal Declaration of Human Rights (UDHR)
Council of Europe
2 THE ADMISSIBILITY CRITERIA
Who May Complain and About Whom? (Ratione personae)
When? The Time Restrictions upon Complaints (Ratione Temporis)
Where did the Violation Take Place? (Ratione Loci)
What? What Can Be Complained About? (Ratione Materiae)
Exhaustion of Domestic Remedies
The Six Month Limit
3 MAKING THE COMPLAINT
The Initial Letter to the Court
The Application Form
Rapporteur's Investigation
The Rapporteur's Report
Consolidation
Communication to the Government
The Government's Response
The Applicant's Reply
Consideration by the Court
4 THE POST-ADMISSIBILITY DECISION PROCEDURE
The Court's Investigative Powers
Third Party Interventions
The Oral Hearing
Post Hearing Emergency of the Judgment
The Publication of the Judgment
Appeals to the Grand Chamber
Enforcement of Court Orders
Transitional Provisions
5 FRIENDLY SETTLEMENTS
Court's Provisional View of the Merits
6 SPECIFIC REDRESS ("just satisfaction")
Separate Compensation Judgments
The Amount of Compensation
Pecuniary Loss
Non-Pecuniary Loss
Aggravated Damages
Exemplary and Punitive Damages
Specific Costs/Damages Orders
Examples of Recent Non-Pecuniary Awards
7 COSTS
The Computation of Costs Awards for Successful Applicants
Costs and the Impecunious Applicant
Domestic Court Costs
Costs and Domestic Creditors
The Legally Aided Applicant
Costs and the Partially Successful Complaint
Preparing the Bill of Costs
8 COUNCIL OF EUROPE LEGAL AID Legal Aid Rates
9 COMMITTEE OF MINISTERS
Appropriate Measures
General Measures
Judgment Enforcement
10 THE CONVENTION AND EUROPEAN UNION LAW
11 THE CONVENTION AND UNITED KINGDOM LAW
The Pre-human Rights Act 1998 Situation
The Post-human Rights Act 1998 Situation
United Kingdom Legal Aid
Conditional Fee Agreements
12 THE CONVENTION AND PROTOCOLS
The Rights to Life: Article 2
Inhuman and Degrading Treatment: Article 3
Forced or Compulsory Labour: Article 4
Right to Liberty and Security: Article 5
Right to a Fair Hearing: Article 6
Retrospective Criminal Law: Article 7
Checklist for Articles 8-11
Right to Privacy and Family Life: Article 8
Freedom of Conscience: Article 9
Freedom of Expression: Article 10
Freedom of Association: Article 11
The Right to Marry: Article 12
The Right to an Effective Remedy: Article 13
Freedom from Discrimination: Article 14
Articles 15-18
Protocol 1
Protocol 4
Protocol 6
Protocol 7
CONTENTS
13 OTHER HUMAN RIGHTS PROCEDURES
Council of Europe Procedures
The Organisation for Security and Co-operation in Europe (OSCE)
United Nations Mechanisms
APPENDICES
INDEX