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PROMOTING AND PROTECTING MINORITY RIGHTS
A seven-judge chamber may relinquish jurisdiction over a case in favour of a grand chamber of
17 judges where the case involves a serious issue of general importance or a serious question
affecting the interpretation or application of the Convention. A chamber judgement does not
become final for a period of three months. During this period either party may request referral to
the Grand Chamber and such a request is examined by a panel of five judges.
Urgent cases
The Court may grant priority to urgent cases. The Court may also grant interim measures where
there is an imminent, real and serious risk to the life of the applicant or of serious ill-treatment.
The Court may indicate that the State should either refrain from or undertake certain actions to
protect the applicant. The measures sought and the reasons for seeking them must be indicated
on the application form.
Impact of the Strasbourg system on minority rights
The preceding summary suggests ways in which the Convention for the Protection of Human
Rights and Fundamental Freedoms can protect minority rights; however, this is not the primary
purpose of the Convention. There is a risk that, if a minority group tries to assert “minority rights”
per se, the claim might be dismissed as beyond the scope of the Convention and therefore
“manifestly ill founded”. Furthermore, even where a violation is found, it is still up to the State
to provide remedies beyond damages, such as amending an offending piece of legislation.
The Court does not act as an appellate court from domestic decisions, and it will only consider
whether or not a State has fulfilled its obligations under the Convention, not whether it might
have adopted different or even better policies.
Contacts and further information
The Registrar
European Court of Human Rights
Council of Europe
F-67075 Strasbourg Cedex
France
Tel: 33 388 41 20 18
Fax: 33 388 41 27 30
Website: www.echr.coe.int
The essential publication containing the European Convention, rules of procedure of the
European Court of Human Rights and other information is European Convention on Human
Rights: Collected Texts (Council of Europe, 1998). Individual decisions and judgements of the
Court are issued in soft cover format and are collected in Reports of Judgments and Decisions.
The Council of Europe also publishes an annual Yearbook of the European Convention on
Human Rights, which contains a selection of the most important cases and information on the
Convention’s application in domestic law.
A number of books have been written on the Strasbourg system, concerning both specific rights
and the system as a whole. Two authoritative analyses are: D. J. Harris, M. O’Boyle, E. P.
Bates and C. M. Buckley, Law of the European Convention on Human Rights, 2d ed. (2009);
and P. Van Dijk, F. Van Hoof, A. Van Rijn and L. Zwaak, Theory and Practice of the European
Convention on Human Rights (2006).