Guide: Litigating ‘Article 18 cases’
What does Article 18 cover, when and how should it be raised, how do you do so successfully and what is its impact?
Article 18 is a provision which, in essence, prevents state authorities from restricting Convention rights for ulterior purposes, and has been applied in particular in political prosecution cases – in other words, where state bodies have targeted individuals in bad faith. At its core, the object and purpose of Article 18 is to prohibit the misuse of power.
EHRAC has successfully utilised Article 18 in a number of cases. This Guide, prepared and written by EHRAC Director Philip Leach, draws on those experiences and aims to help lawyers and NGOs litigating cases at the European Court of Human Rights (or in national courts) develop their understanding of this provision, and strategies in raising it.