The European Court of Human Rights (often called the Strasbourg Court) is an international court established in 1959 to interpret and enforce the European Convention on Human Rights. Based in Strasbourg, France, it hears cases brought by individuals or states alleging violations of civil and political rights across 47 Council of Europe member states. Its judgments are legally binding and have shaped human rights protection across Europe for decades.
In this guide, I will explain exactly what this court does, how it works, and why it matters for ordinary people. I will also clear up common confusion between the ECtHR and other European courts, walk you through famous cases, and answer the questions people ask most.
Table of Contents
What Is the European Court of Human Rights
The European Court of Human Rights (ECtHR) is the judicial body of the Council of Europe, not the European Union. This distinction confuses many people, but it is fundamental. The Council of Europe is a separate international organization founded in 1949 with 47 member states, including the UK, Russia (until 2022), and Turkey.
The court was established under the European Convention on Human Rights (ECHR), a treaty signed in Rome in 1950. When we talk about the ECHR, we mean the treaty that protects human rights. When we talk about the ECtHR or Strasbourg Court, we mean the actual court that rules on whether those rights have been violated.
Any person, non-governmental organization, or group of individuals who believe their rights under the Convention have been violated by a member state can bring a case to the court. States can also bring cases against other states, though this is rare in practice.
The History and Founding of the Court
The European Convention on Human Rights was drafted in 1950 by the Council of Europe in response to the atrocities of World War II. The founders wanted to ensure that no government could ever again abuse its citizens without consequence. The Convention established basic civil and political rights, but it needed a body to interpret and enforce those rights.
The European Court of Human Rights began operating in 1959. Initially, it was a part-time court with limited jurisdiction. Over the years, through various protocols, its powers expanded significantly. The most important changes came with Protocol 11 in 1998, which made the court a permanent full-time institution and gave individuals the right to bring cases directly.
The court sits in Strasbourg, France, in a distinctive modern building opened in 1995. Its location in Strasbourg rather than Brussels or Luxembourg is deliberate. It symbolizes the court’s independence from political institutions and its connection to the Council of Europe’s human rights mission.
How the Court Works
Bringing a case to the European Court of Human Rights is not straightforward. Applicants must first exhaust all domestic remedies. This means you must have taken your case through your own country’s court system and received a final decision before the ECtHR will consider it.
Once an application is submitted, the court first decides whether it is admissible. The court rejects the vast majority of applications at this stage. Common reasons for rejection include failure to exhaust domestic remedies, applications submitted too late (more than six months after the final domestic decision), or cases that are manifestly ill-founded.
If a case is admissible, it proceeds to examination. Most cases are heard by a Chamber of seven judges. The court may hold hearings, receive written submissions, and conduct investigations. The most serious or complex cases can be referred to the Grand Chamber of 17 judges.
When the court rules against a state, its judgment is legally binding. The state must take action to remedy the violation and prevent similar violations in the future. This might mean changing laws, reopening domestic proceedings, or paying compensation to the victim.
The Structure of the Court
The European Court of Human Rights consists of 47 judges, one for each member state of the Council of Europe. Despite what the name suggests, these judges are not representatives of their countries in a political sense. They are independent jurists elected by the Parliamentary Assembly of the Council of Europe.
Judges serve non-renewable terms of nine years. This fixed term without possibility of re-election is designed to protect their independence. They cannot be removed from office except in very specific circumstances, and they enjoy immunity for their judicial acts.
The court operates through several formations. Single judges can reject clearly inadmissible cases. Committees of three judges can declare applications admissible and issue judgments in well-established areas of law. Chambers of seven judges hear the majority of cases. The Grand Chamber of 17 judges hears the most significant cases and can reconsider Chamber judgments when requested.
Rights Protected by the Convention
The European Convention on Human Rights protects a wide range of civil and political rights. These include the absolute right to life, the prohibition of torture and inhuman treatment, and the prohibition of slavery and forced labor. The Convention also guarantees the right to liberty and security, the right to a fair trial, and protection against retroactive criminal laws.
Other protected rights include respect for private and family life, freedom of thought, conscience and religion, freedom of expression, and freedom of assembly and association. The Convention protects the right to marry and the right to an effective remedy before a national authority.
Protocol 1 added protection for property, education, and free elections. Protocols 4, 6, 7, 12, and 13 have added further rights including freedom of movement, prohibition of imprisonment for debt, rights in criminal proceedings, and abolition of the death penalty.
The Convention is described as a living instrument, meaning it evolves to address modern challenges. The court has applied it to issues that did not exist in 1950, including environmental protection, data privacy, and LGBTQ+ rights.
Landmark Cases and Impact
The European Court of Human Rights has delivered over 15,000 judgments since 1959. These judgments have transformed human rights protection across Europe. In the UK alone, the court has found violations in 327 cases out of 563 judgments delivered by 2021.
One landmark case was Sunday Times v United Kingdom (1979). The court ruled that the UK government’s injunction against the newspaper violated freedom of expression. This case established important principles about press freedom and the public’s right to know.
In Dudgeon v United Kingdom (1981), the court ruled that criminalizing homosexual acts in Northern Ireland violated the right to private life. This judgment helped decriminalize homosexuality across Council of Europe states and laid groundwork for later LGBTQ+ rights protections.
More recently, the court has addressed contemporary issues. In 2022, an interim measure by the court blocked UK deportation flights to Rwanda, ruling there was a real risk of human rights violations. This case illustrated how the court can intervene even in politically sensitive areas.
The Good Friday Agreement, which established peace in Northern Ireland, specifically requires the UK to maintain the European Convention on Human Rights. This political dimension shows how the ECtHR has become embedded in constitutional settlements, not just legal frameworks.
ECtHR vs EU Court of Justice: Understanding the Difference
Many people confuse the European Court of Human Rights with the Court of Justice of the European Union. These are entirely separate institutions with different roles, though both protect rights in Europe.
The European Court of Human Rights is based in Strasbourg and is part of the Council of Europe. It interprets the European Convention on Human Rights and has 47 member states. Its judgments concern civil and political rights violations.
The Court of Justice of the European Union (CJEU) is based in Luxembourg and is the highest court of the European Union. It interprets EU law, not the ECHR. It has 27 member states (EU members only). Its judgments concern EU treaties, directives, and regulations.
One key difference is that EU member states must implement EU law, which takes precedence over national law. The ECtHR does not have the same direct effect. Its judgments bind states, but national courts apply the Convention through their own legal systems, often via legislation like the UK’s Human Rights Act 1998.
Frequently Asked Questions
What is the role of the European Court of Human Rights?
The European Court of Human Rights interprets and enforces the European Convention on Human Rights. Its primary role is to rule on applications from individuals or states alleging violations of the Convention by member states. The court ensures that governments respect the civil and political rights guaranteed under the treaty, provides a final avenue of appeal for victims of human rights abuses, and develops human rights law through its judgments.
How many countries have left the ECHR?
As of 2026, no country has formally left the European Convention on Human Rights entirely. Greece withdrew temporarily from 1969 to 1974 during the military junta, but this was exceptional. Russia was expelled from the Council of Europe in March 2022 following the invasion of Ukraine, which effectively ended its ECHR membership. The UK remains a member despite political debates about leaving.
Who funds the European Court of Human Rights?
The European Court of Human Rights is funded by the Council of Europe, which receives contributions from its 47 member states. Each state contributes according to a scale based on population and GDP. The court’s annual budget is approximately 70 million euros. No funding comes from the European Union or private sources.
Is the Supreme Court higher than the European Court of Human Rights?
Neither court is higher than the other in a strict hierarchy. The UK Supreme Court is the highest domestic court for UK law. The European Court of Human Rights is an international court that rules on compliance with the European Convention. UK courts must take ECtHR judgments into account under the Human Rights Act 1998, but Parliament remains sovereign. The ECtHR cannot directly overturn UK Supreme Court decisions, though its rulings require the UK to change laws or practices.
How effective is the European Court of Human Rights?
The ECtHR has been highly effective in protecting human rights across Europe. It has delivered over 15,000 judgments, forcing governments to change laws, compensate victims, and improve practices. However, effectiveness varies by country. Some states consistently ignore or delay implementing judgments. The court faces a significant backlog, with over 60,000 pending cases, which slows justice. Despite limitations, for many individuals, particularly from countries with weaker domestic human rights protections, the ECtHR remains the only effective remedy.
Conclusion
The European Court of Human Rights stands as one of the most significant human rights institutions in the world. Established in 1959 to prevent the horrors of World War II from recurring, it has evolved into a sophisticated court that protects over 700 million people across 47 countries.
Understanding what the European Court of Human Rights is matters because it affects real lives. Whether you are a journalist facing censorship, a minority facing discrimination, or simply someone who believes governments should be held accountable, the ECtHR provides a final safeguard. Its judgments have transformed laws, protected the vulnerable, and reminded states that human rights are not optional.
For ordinary people, the Strasbourg Court represents a promise. It promises that even when domestic systems fail, there is somewhere to turn. In a world where rights are often under threat, that promise remains as vital today as it was in 1959.