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Procedure of the European Court of Human Rights

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Chapter Summary

This chapter elaborates on issues pertinent to applicants with mental disabilities. As the chapter explains, a case needs to have exhausted effective remedies available in the domestic legal system before applying to Strasbourg. In order to apply to the European Court of Human Rights (ECtHR) the applicant must be a ‘victim’ as set out by Article 34 of the ECHR. The chapter discusses the main grounds for declaring a case inadmissible, and describes aspects related to the procedure of taking a case to the ECtHR. In cases concerning people with mental disabilities, there may often be information which is private in nature and which the applicant would not want the public to know about. In such cases, the applicant can request for anonymity or confidentiality to be ensured. The applicant is never at any risk of paying the respondent Government’s costs, even if the Court declares a case inadmissible.

Keywords: admissibility; anonymity; confidentiality; domestic proceedings; ECHR; ECtHR; mental disabilities; victim status



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