Violation of human rights
When a person thinks that his/her human rights have been violated, he/she should address a court (normally an administrative court) to establish an infringement. It is possible to demand the elimination of the violation or compensation for the damages.
When a person has gone through all the instances of the court of the Republic of Estonia but has not achieved the desired result, he/she has the right to turn to the European Court of Human Rights. A number of requirements must be met before that. It is important that all national instances of the court be addressed, that the appeal be against a country that has joined the European Convention for the Protection of Human Rights and Fundamental Freedoms, and that the violation has taken place after joining the convention on 16 April 1996.
Human rights are written in the Constitution of the Republic of Estonia and the European Convention on the Protection of Human Rights and Fundamental Freedoms. The second chapter of the Constitution establishes fundamental rights, freedoms and obligations. This is the most important chapter on human rights. However, the Constitution does not preclude other fundamental rights that are in line with the spirit of the Constitution.
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