NGOs under European Convention on Human Rights / Tymofeyeva

children could be represented before the Commission by either their mother or the local authority. The Commission responded that representation before the Convention organs is not governed solely by considerations of domestic procedural standing, but depends on examination of a number of relevant factors. The Commission emphasised that there has been a growing recognition of the vulnerability of children and the need to provide them with specific protection of their interests, eg. the UN Convention on the Rights of the Child 450 and the European Convention on the Exercise of Children‘s Rights. 451 It noted that the mother of the children was not interested in these proceedings and the local authority was the subject of criticism in the application. There was, therefore, no alternative source of representation in the present case except for defence by the solicitor in question. The Commission concluded that the application introduced on behalf of the applicants constituted a valid exercise of the right of individual petitions under Article 25 (currentlyArticle 34) of the Convention. The cases described above confirm an exception to the obligation to present the power of attorney. It is clear that the close relatives may act as a representative of an applicant without a special authority form. NGOs, however, cannot have relatives. The last case, namely S. P., D. P. and A.T. v. the United Kingdom , shows that when the interest of fairness requires so, the direct victim may be represented before the Court by any person without a valid power of attorney. Therefore, in special circumstances, as it was in the Centre for Legal Resources case, an NGO may also allege before the Court breaches of the Convention on behalf of a person who did not issue an authority to it. 452 As stated above, members of an NGO, similar to any other representatives of an applicant, are subject to the requirement of having sufficient knowledge of one of the official languages of the Court, that is either French or English. Nevertheless, if it does not muster the official language on desirable level, the President of the Chamber under Rule 34, paragraph 3 of the Rules of Court may permit the usage of one of the official languages of any Contracting Party. In this context, it is worth noting that international NGOs usually do not face any difficulties in representing the applicants in these two languages. However, smaller local NGOs may call for the possibility to communicate in their own language. This rule, therefore, ensures the same level of representation in proceedings before the Court by all types of NGOs. In addition, it guarantees the equality of arms of the parties to the proceeding. National governments as a rule are represented by the best qualified human right lawyers with an excellent knowledge of English and French. 453 The possibility to use their mother tongue may be of importance for NGOs in disputes with the national governments. 450 United Nations, Treaty Series , vol. 1577, p. 3; depositary notifications C.N.147.1993.TREATIES-5 of 15 May 1993 [amendments to article 43 (2)]1; and C.N.322.1995.TREATIES-7 of 7 November 1995 [amendment to article 43 (2)]. 451 European Convention on the Exercise of Children’s Rights, CETS No.: 160, Strasbourg, 25 January 1996. 452 Centre for Legal Resources [GC], cited above, § 114. 453 As an example, see Vit Schorm , Government Agent, Ministry of Justice, Czech Republic; Chairperson of CDDH.

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