Human rights advocacy is a systemic legal process aimed at protecting individual fundamental rights at both national and international levels. This service focuses on litigation in the European Court of Human Rights (Strasbourg) and UN committees. When justice cannot be achieved domestically, international mechanisms remain the last and most effective hope for protection. The practice of the Strasbourg Court (ECHR) is crucial for Georgia, as its decisions are binding and often lead to changes in national legislation and practice.
Human rights advocacy covers disputes on fundamental issues such as the right to life, prohibition of torture, fair trial, and protection of private and family life. This process requires high qualifications from the lawyer, deep knowledge of convention law, and meticulous adherence to procedural deadlines. Specialists featured on Legal.ge are experts in international human rights law and offer full services from preparing an application to the Strasbourg Court to the enforcement of the decision.
What does the Human Rights Advocacy service cover?
- Preparing Applications for the Strasbourg Court: Drafting a complete and substantiated application regarding violations of the European Convention on Human Rights.
- Assessment of Exhaustion of Domestic Remedies: Analyzing whether all effective domestic remedies have been exhausted, which is a necessary prerequisite for an international dispute.
- Interim Measures (Rule 39): Requesting urgent measures from the Strasbourg Court when there is a risk of irreparable harm to life or health (e.g., halting extradition).
- Communication Stage: Responding to the Georgian Government's position and submitting additional argumentation to the Court.
- Amicus Curiae Briefs: Third-party involvement to submit expert opinions to the Court on significant cases.
- Monitoring Judgment Enforcement: Working with the Committee of Ministers of the Council of Europe to ensure the state complies with the Court's judgment (compensation, reopening of the case).
Common scenarios requiring this service
A typical scenario is a prisoner not receiving adequate medical care in prison, amounting to inhumane treatment. In such cases, the lawyer requests an interim measure (treatment) from Strasbourg. Another scenario involves property confiscation where Georgian courts failed to protect the owner's rights. A third case involves illegal surveillance of a journalist or activist, violating the right to privacy (Article 8). In all these instances, the Strasbourg Court is the path to achieving justice.
Georgian Legal Framework
The legal basis is the European Convention on Human Rights (ECHR), ratified by Georgia. The Convention and Strasbourg Court case law are integral parts of Georgian legislation and take precedence over domestic normative acts (except the Constitution). At the domestic level, processes are regulated by procedural codes and the Law on Common Courts of Georgia.
Step-by-step service process
The process begins with assessing the prospects of the case. The lawyer checks if the 4-month deadline (from the Supreme Court decision) and formal criteria are met. Then, a special form is filled out and sent to Strasbourg. After the Court accepts the case, the communication stage with the Government begins. The process is mainly written and can last several years. Once a decision is reached, the enforcement stage begins.
Why choose a specialist on Legal.ge?
International disputes require the highest academic and practical knowledge. Incorrectly filling out an application automatically leads to its inadmissibility. On Legal.ge, you will find lawyers with successful experience in the ECHR who can competently represent your interests before European justice.
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