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ECHR

The European Court of Human Rights (ECHR / ECtHR) is the international court interpreting the European Convention on Human Rights (ECHR). It hears applications from individuals, organizations, and states alleging violations of Convention rights by member states, including Switzerland.

The ECHR in Strasbourg is distinct from the CJEU in Luxembourg. While the CJEU interprets EU law, the ECHR interprets the European Convention on Human Rights, a Council of Europe treaty ratified by 46 states, including Switzerland. ECHR judgments are binding on the states concerned and enforced through the Committee of Ministers.

Key Convention rights relevant to document work include Article 8 (right to respect for private and family life), Article 10 (freedom of expression), and Article 6 (right to a fair trial). The court's Article 8 jurisprudence has been pivotal in shaping data protection norms: S. and Marper v. UK (2008) established limits on biometric data retention, while Bărbulescu v. Romania (2017) clarified employer monitoring boundaries. These rulings directly influence how organizations handle personal data in documents, from employment contracts to litigation files.

For Swiss practitioners, ECHR case law is binding domestic law. The Federal Supreme Court regularly cites ECHR precedent in BGE decisions, particularly on procedural fairness, privacy, and proportionality. When reviewing anonymization requirements for court decisions or regulatory submissions, ECHR standards on balancing privacy against transparency (Article 10) provide the foundational legal framework.

DocIQ Sphere integrates ECHR as one of six legal research databases. Search ECHR case law on privacy, data protection, and procedural rights alongside domestic legislation and case law. Sphere resolves HUDOC application numbers and links to the court's official database. Particularly valuable when analyzing human rights dimensions of data protection, anonymization requirements, and the proportionality of surveillance or monitoring clauses in contracts.

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