Exhaustion of Domestic Remedies

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Concept.png Exhaustion of Domestic Remedies Rdf-entity.pngRdf-icon.png

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]


 

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