Human Rights Law: Application Process And Requirements

Human rights lawyers are legal professionals who provide counsel to victims of human rights violations. They work in law firms, NGOs, government agencies, and international organizations, as well as human rights courts and non-governmental organizations. To become a human rights lawyer, you must obtain a profound legal education, including a Juris Doctor (J.D.) degree or an equivalent qualification. This involves researching and selecting a suitable law school, obtaining an undergraduate law degree, preparing for and taking the Law School Admissions Test (LSAT), and completing a Juris Doctor program. Passing the BAR exam or an equivalent is also required to practice law in this field.

How to apply to the European Court of Human Rights

The European Court of Human Rights (ECHR) is an international court that was set up in 1959 to rule on individual or state applications alleging violations of civil and political rights set out in the European Convention on Human Rights. The court is based in Strasbourg, France.

Submit a Valid Application:

Firstly, you must submit a valid application. This involves filling out an official application form, which can be found on the Court's website, and providing all necessary documents and information. The application must comply with Rule 47 of the Rules of Court, which outlines the required content, length, and organisation of the application. The application must be submitted within four months of the final decision taken on the matter by the highest domestic court or authority.

Admissibility:

Once a valid application is received, the Court will then examine whether the case is "admissible". This means that a panel of three, seven, or seventeen judges will consider whether the application meets the basic conditions set out in Article 35 of the Convention. The main conditions include:

• The applicant (or a close relative) must be a victim of an alleged violation of the European Convention on Human Rights and must have suffered a 'significant disadvantage' as a result.
• The alleged violation must be attributable to the action or inaction of a State Party to the Convention or its public authorities.
• The complaint must refer to a specific right mentioned in the Convention or its Protocols.
• The applicant must have exhausted all domestic remedies, meaning they have done everything possible to resolve the case in their own country, including appeals.
• The complaint must not be 'substantially the same' as a matter already examined by the Court.
• The application must not be 'manifestly ill-founded'.

Examination of Admissible Applications:

If the application is deemed admissible, the Court will obtain further information. This includes requesting observations from both the government and the applicant, as well as potentially hearing witnesses and experts, carrying out on-site investigations, or inviting the parties to be heard in Strasbourg.

Judgment:

After examining the case, the Court will issue a judgment. If a breach of Convention rights is found, the Court can order the State concerned to pay compensation and costs to the applicant. The judgment becomes final in three months unless both parties agree with the ruling, in which case it becomes final immediately.

It is important to note that the Court does not have the power to overrule national laws or court rulings, but its judgments are legally binding on the respondent State. The Council of Europe's Committee of Ministers is responsible for supervising the execution of the Court's judgments and ensuring compliance.

How to become a human rights lawyer

Human rights lawyers are legal professionals who provide counsel to victims of human rights violations. They work in law firms, NGOs, government agencies, and international organizations, advocating for the protection and promotion of human rights. If you want to become a human rights lawyer, here are the steps you should take:

Education

First, you need to obtain a qualifying law degree. This can be a bachelor's degree in law or an equivalent qualification, such as another degree followed by a conversion course like the Graduate Diploma in Law (GDL) in the UK. During your undergraduate years, it is beneficial to gain relevant legal work experience by participating in pro bono opportunities, volunteering for human rights organizations, or getting involved with NGOs.

Entrance Exams

Depending on your jurisdiction, you may need to take an entrance exam to be admitted to law school. For example, in the United States, you need to take the Law School Admissions Test (LSAT), which assesses critical thinking, analytical, and reading abilities.

Law School

After completing your undergraduate education and any necessary entrance exams, you'll need to attend law school. Look for law schools with strong human rights law programs that offer a variety of relevant courses beyond the introductory level. Target schools with human rights law clinics and journals, experienced faculty in the field, and impressive job attainment records for their graduates.

During law school, take advantage of opportunities to gain practical experience, such as participating in Moot Courts (simulated court proceedings), joining legal clinics, and applying for internships with human rights organizations.

Specialization

To specialize in human rights law, you must then qualify as either a solicitor or a barrister.

Solicitor Path

To become a human rights solicitor, you will need to complete the Legal Practice Course and a training contract.

Barrister Path

To become a human rights barrister, you will need to complete the Bar Professional Training Course and a pupillage.

Bar Exam

Finally, you will need to pass a bar exam or its equivalent in your jurisdiction to be admitted to the bar and begin practicing law in the field of your choice, including human rights.

Skills and Attributes

In addition to the academic and professional qualifications, there are certain skills and attributes that will be beneficial for a career in human rights law. Strong communication, analytical, and persuasive abilities are essential. Resilience is also important, as you will be exposed to challenging cases involving human rights violations. Furthermore, language skills are advantageous, particularly French, Spanish, Arabic, and Mandarin, as human rights law can involve working across different countries and jurisdictions.

Career Opportunities

Human rights lawyers can find employment in various sectors, including law firms, NGOs, government agencies, and international organizations such as the United Nations or regional human rights courts. They may also work in local government, addressing human rights issues within that context.

Salary

Salaries for human rights lawyers can vary depending on the organization, location, and level of experience. In the UK, for example, human rights lawyers can earn up to £100,000 per annum at the peak of their careers. However, it is important to note that human rights law may not be as lucrative as other legal specialties.

How to provide legal representation to victims

Providing legal representation to victims of human rights abuse is a crucial aspect of ensuring access to justice and upholding their fundamental rights. Here are some detailed steps and considerations on how to provide legal representation to victims:

• Understanding the Definition of a Victim: According to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, a "victim" is defined as a person who has suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights due to acts or omissions that violate criminal laws or internationally recognized human rights norms. The term "victim" also includes the immediate family or dependents of the direct victim and those who intervene to assist victims.
• Empowering Victims to Seek Legal Assistance: Many victims of human rights abuse do not receive legal assistance because they may not know how to seek help or lack the means to access it. It is essential to raise awareness about the availability of legal aid and the process of obtaining it. Organizations such as the Center for Victim and Human Rights play a crucial role in empowering victims and providing them with the necessary information and support.
• Offering Free Legal Advice and Representation: Victims of human rights abuse may face financial challenges in affording legal representation. Organizations like the Center for Justice and International Law (CEJIL) offer free legal advice and representation to victims and the organizations representing them before international courts when they cannot access justice in their own countries.
• Ensuring Access to Justice: Victims should have equal and effective access to justice, including administrative and judicial mechanisms. This includes providing them with information about their rights, available remedies, and the process of seeking redress. It is important to establish and strengthen judicial and administrative processes that are responsive to the needs of victims, ensuring their safety, privacy, and timely resolution of their cases.
• Protecting the Rights of Vulnerable Victims: Special attention should be given to vulnerable victims, such as children. In the case of child victims of abuse and neglect, it is crucial to ensure that they have court representation to protect their best interests. This may involve appointing an attorney or a non-attorney volunteer advocate.
• Addressing Language and Cultural Barriers: It is important to consider language and cultural barriers that victims may face when seeking legal representation. Ensure that victims have access to interpreters or legal representatives who can communicate effectively in their language. Respect their cultural beliefs and practices throughout the legal process.
• Providing Emotional Support and Psychological Services: Victims of human rights abuse may experience trauma and emotional distress. It is essential to provide them with psychological support and social services to help them cope with their experiences. This includes access to mental health professionals and support groups that can assist in their healing and recovery process.
• Seeking Remedies and Reparation: Legal representatives should seek remedies and reparation for victims, including restitution, compensation, and rehabilitation. This may involve financial compensation for economic losses, medical expenses, and psychological treatment. Additionally, it is important to work towards preventing the recurrence of human rights violations and holding perpetrators accountable.
• Collaborating with Organizations and Pro Bono Services: Collaborating with organizations specializing in human rights law and pro bono legal services can help connect victims with legal representation. These organizations often have the expertise and resources to provide effective assistance to victims.
• Training and Education: Legal representatives should be well-versed in human rights law and sensitive to the unique needs of victims. Providing training and educational programs for legal professionals can enhance their understanding of human rights violations, trauma-informed practices, and effective advocacy for victims.

How to research and analyse human rights issues

Researching human rights issues involves a wide range of methodologies, from interviews with victims and witnesses to analysing reports and other literature. Here are some key steps to help you conduct effective and ethical research on human rights issues:

• Familiarise yourself with the available literature: Get to know the existing literature on the subject to analyse the topic in depth and identify gaps in the research. This will help you make your research unique and ensure you have an interdisciplinary perspective.
• Get different sources and perspectives: Aim for a variety of sources, including reports from organisations like Amnesty International, statistics, first-hand accounts of victims, media reports, academic studies, and policy papers. This will create a solid basis for a well-informed research paper.
• Build rapport and trust: To get honest and thorough witness accounts, it is essential to build trustworthy and professional relationships with victims and witnesses. Prove your credentials, assure confidentiality, and be attentive, sensitive, and patient.
• Ask the right questions: Use open-ended questions that allow respondents to answer freely. Avoid leading questions that suggest an answer or embed bias. Have a colleague review your questions to uncover any small flaws.
• Focus on quality over quantity: Case studies can be more impactful than numbers, providing a detailed picture of how human rights violations affect individuals and communities. First-hand witness accounts are often more powerful than statistics.
• Prioritise ethics and safety: The first ethical principle of social research is to do no harm. Consider the context of your interviewees and avoid putting them at further risk. Be clear about your research focus, and conduct your research with integrity to build trust with clients and sponsors.
• Don't shy away from politics: Human rights work is inherently political. Be prepared to face government officials and big corporations as you identify human rights violations.
• Cross-examine the results: Data can sometimes be misleading. Ensure you have enough supporting evidence to explain the reasons, causes, and wider impacts of the phenomenon you're examining.

Human Rights Research Methods

Human rights research methods can be quantitative, qualitative, or a mix of both.

Quantitative methods focus on gathering numerical data and generalising it to a population. Examples include face-to-face interviews, telephone interviews, website interceptors, and online polls.

Qualitative methods explore experiences, meanings, and perspectives from the participant's standpoint. Qualitative researchers use focus group discussions, film-making, photography, and other techniques to collect in-depth information.

When designing your research, consider the following:

• Sample size: According to the World Health Organization (WHO), increasing the sample size doesn't always improve the study. Instead, focus on improving the accuracy of data collection by enhancing interviewer training and pre-testing data collection tools.
• Ethical standards: Prioritise the protection of researchers and participants, especially in sensitive contexts. Ensure specialised training on conducting interviews with victims of sexual violence, children, prisoners, and mentally disabled persons. Maintain confidentiality and obtain informed consent.

How to engage in advocacy and campaigning

Advocacy and campaigning are essential tools for advancing human rights law and creating tangible change. Here are some key strategies and considerations for engaging in advocacy and campaigning in this field:

Understanding the Foundations

Before engaging in advocacy, it is crucial to understand the foundations of human rights law. This includes familiarizing yourself with key documents such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. These documents form the International Bill of Human Rights and set out the basic civil, political, economic, social, and cultural rights that all individuals are entitled to. Understanding these rights and the obligations of governments to uphold them is essential for effective advocacy.

Choosing Advocacy Targets and Tactics

Advocacy work requires careful selection of targets and tactics. This involves identifying the specific human rights issue or problem, conducting thorough problem analysis, and choosing appropriate tactics to address it. For example, advocates must consider when to use "naming and shaming" tactics against human rights abusers and when to bring a case to court. Collaborating with human rights organizations and seeking guidance from experienced advocates can provide valuable insights into target and tactic selection.

Telling Compelling Stories

Storytelling is a powerful tool in human rights advocacy. It involves presenting a clear and compelling narrative that triggers empathy and a sense of urgency among the target audience. Effective storytelling can inspire people to take action and support the cause. When crafting a story, it is important to provide essential facts and a clear call to action, ensuring that the message is tailored to the specific audience.

Utilizing Various Advocacy Methods

Advocates have a range of methods at their disposal, including letter-writing, petitions, social media campaigns, protests, and fundraisers. Letter-writing and petitions are traditional yet effective ways to raise awareness and articulate positions clearly. Social media has also become a powerful tool, allowing advocates to reach a global audience quickly and connect with other advocates. However, it is important to note that social media activism alone may not create long-lasting change, and it should be complemented by other advocacy methods.

Conducting Thorough Research

Good advocacy is underpinned by solid research. Advocates must ensure that their campaigns are based on accurate information and data to avoid misdiagnosing problems and proposing ineffective or harmful solutions. Collaborating with experts in data collection and analysis can help strengthen the impact of advocacy campaigns. Additionally, research can be a powerful tool in itself, as it sheds light on issues and provides valuable information for other advocates to build upon.

Building Relationships

Building genuine, long-lasting relationships is vital to the success of advocacy efforts. In-person actions, such as protests, workshops, and town halls, provide opportunities to develop these connections. While social media has expanded our ability to connect, in-person interactions often foster deeper relationships. Advocates should strive to embed a person-centric approach in all their activities, even when meeting online or via phone is necessary.

Demonstrating Flexibility and Transparency

Advocacy work requires adaptability and flexibility. Situations can change rapidly, and advocates must be prepared to adjust their tactics and messaging accordingly. Additionally, transparency is essential for building trust with supporters and the public. This includes open and honest communication about finances, leadership structures, and advocacy methods. Addressing and responding to any systemic issues within an organization is also a crucial aspect of transparency.

Frequently asked questions