Difference between revisions of "Exhaustion of Domestic Remedies"
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Secondly, the [[ECtHR]] benefits from having the opinions on a case of, in particular, the domestic courts when deciding on it. | Secondly, the [[ECtHR]] benefits from having the opinions on a case of, in particular, the domestic courts when deciding on it. | ||
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The Exhaustion of Domestic Remedies rule is set out in Article 35 (admissibility criteria) of the [[European Convention on Human Rights]].<ref>''[https://www.echr.coe.int/Documents/Press_Q_A_Exhaustion_domestic_remedies_ENG.pdf "Exhaustion of Domestic Remedies"]''</ref> | The Exhaustion of Domestic Remedies rule is set out in Article 35 (admissibility criteria) of the [[European Convention on Human Rights]].<ref>''[https://www.echr.coe.int/Documents/Press_Q_A_Exhaustion_domestic_remedies_ENG.pdf "Exhaustion of Domestic Remedies"]''</ref> | ||
Latest revision as of 13:10, 10 June 2023
 Exhaustion of Domestic Remedies    | |
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Exhaustion of Domestic Remedies is one of the admissibility requirements for lodging an application with the European Court of Human Rights.
A remedy is a legal procedure that can be used by an individual or organisation to get legal redress. The redress concerns situations where abuses of human rights are alleged. Domestic remedies are therefore those that are within an individual State, that is to say not international courts or bodies.
Examples include using the domestic court system, criminal, civil and administrative appeals, employment and other tribunals, appeals to prosecutorial authorities, and other procedures.
Rationale
There are two main reasons that the ECtHR requires the Exhaustion of Domestic Remedies.
Firstly, the domestic authorities should have the opportunity to determine the situation and perhaps resolve it before it goes to the European Court.
Secondly, the ECtHR benefits from having the opinions on a case of, in particular, the domestic courts when deciding on it.
Article 35
The Exhaustion of Domestic Remedies rule is set out in Article 35 (admissibility criteria) of the European Convention on Human Rights.[1]
Related Document
| Title | Type | Publication date | Author(s) | Description |
|---|---|---|---|---|
| Document:Julian Assange to make final appeal in extradition case | Article | 9 June 2023 | Mark Lowe | According to RSF, the upcoming appeal represents Assange’s final opportunity to contest extradition within the UK, unless he decides to bring his case to the European Court of Human Rights. |
