European Convention on Human Rights protocol no. 15 comes into force
On 1 August 2021 Protocol no. 15 to the European Convention on Human Rights came into force, following its ratification by all 47 State Parties. Amongst other changes, the protocol:
- includes a reference to the principle of subsidiarity (according to which the primary responsibility for protecting human rights under the European Convention on Human Rights falls to each individual State Party) and the doctrine of the margin of appreciation (the "space for manoeuvre" that State Parties are given in fulfilling their obligations under the Convention) to the Preamble to the Convention
- shortens from six to four months the time limit within which an application must be made to the ECtHR (this is from the date on which the final decision was taken at the national level, when all domestic remedies have been exhausted)
- removes the rule preventing rejection of an application that has not been duly considered by a domestic tribunal where the applicant has not suffered a "significant disadvantage".
For more details, click here.
6/8/21