Navigating Admissibility Before the European Court of Human Rights for Lesbian and Gay Human Rights Defenders

Abstract

Abstract In recent years the rise of populist right-wing governments across Europe has led to concerns about infringements to lesbian and gay rights. Brave individuals bring cases against their states to the European Court of Human Rights (ECtHR) to test state compliance with the European Convention on Human Rights. It is argued in this article that strict admissibility criteria before the ECtHR poses particular difficulties for lesbian and gay applicants. Specifically, the admissibility requirements of being (1) an individual victim, (2) to disallow anonymous applications and (3) to have suffered a ‘significant disadvantage’ are more challenging for lesbian and gay applicants to fulfil. It is concluded that enabling Representative Actions would provide greater possibilities for such individuals.