How European Court of Human Rights generally approaches complaints about a violation of human rights.


In general, the court examines all human rights complaints in two phases.

Namely: 1. Phase of definition or qualification. 2. Phase of justification.

The phase of definition or qualification is when the court examines and determines which of the rights in the European convention is applicable to the facts of the case. And if there is an interference with these rights.

The second is the phase of justification, this is when the court examines to ascertain facts that the rights has been interfered with.

Published by Ernest I.

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