What it is: Under Rule 39 of the European Court of Human Rights (ECtHR), the Court may indicate interim measures—urgent directions to a State—when there is an imminent risk of irreparable harm.
Think of it as: an emergency brake. It does not decide the whole case. It aims to prevent a situation that cannot be undone while the Court considers what should happen next.
Why Rule 39 is relevant to Do Better Norge
Most family and child welfare disputes are fought domestically. But some moments are irreversible:
- Forced adoption or steps that permanently sever legal ties.
- Transfer of a child in a way that destroys effective contact.
- Removal/deportation decisions that permanently break family life.
In those moments, Rule 39 can (in rare cases) be relevant because it is designed for situations where waiting for the normal timeline would make any later “victory” meaningless.
What interim measures are (and are not)
- They are urgent: used only in exceptional situations.
- They aim to prevent irreparable harm: the core test is urgency + non‑reversible damage.
- They are not a judgment on the merits: they do not prove the State violated the Convention—yet.
- They usually require strong evidence: vague claims are not enough.
Typical Rule 39 use cases
Historically, Rule 39 is most often used in cases involving:
- Deportation/extradition where a person risks torture, inhuman treatment, or death.
- Urgent medical or detention situations with life‑threatening risk.
Family life cases can be harder because the Court applies a strict threshold. Still, when an act is imminent and irreversible, the principle is the same: prevent the point of no return.
What you must show (high‑level)
The Court’s own materials emphasise that interim measures are used only when there is an imminent risk of irreparable damage. Your request should therefore be built around:
- Imminence: exact dates/timelines (what will happen, when, by whom).
- Irreversibility: why later remedies cannot repair the harm.
- Evidence: attach the domestic decisions, medical evidence if relevant, and documentary proof.
- Domestic route: what you have already tried nationally, and why the emergency remains.
How Rule 39 requests are lodged
The ECtHR provides an electronic submission route for Rule 39 requests and requires that submissions genuinely concern interim measures. Non‑urgent matters are closed quickly.
Practical warning: A Rule 39 request must be structured and surgical. This is not the place for a full narrative of years of conflict. It is the place for: “Here is the irreversible event, here is the evidence, here is what we ask you to stop temporarily.”
What to ask for
Rule 39 requests typically ask the Court to indicate that the State should:
- Pause a specific action (e.g., transfer, removal, deportation) temporarily.
- Maintain contact pending review, if contact is being eliminated in a way that destroys the relationship.
- Provide urgent safeguards (rare, context dependent).
Do Better Norge practical guidance
- Get specialist advice: Rule 39 is an advanced tool; it’s usually handled by lawyers with ECtHR practice.
- Work backwards from the deadline: If an irreversible act is scheduled, assume the real deadline is earlier.
- Build your evidentiary pack: decisions, timelines, identity, contact details, and the requested measure.
- Keep domestic pressure running: emergency motions and requests for suspension nationally can strengthen the “imminence” argument.
Sources & further reading
- ECtHR: Rule 39 electronic submission site (terms and conditions)
- ECtHR Fact Sheet: Interim measures (Rule 39)
- ECtHR: Introduction to interim measures (Rule 39)
- ECtHR: Rules of Court (current consolidated PDF)
Do Better Norge note: Rule 39 is not a “shortcut.” It is an emergency mechanism for situations where the normal process arrives too late to mean anything.
Comments (0)
You must be logged in to comment Login
No comments yet. Be the first to start the conversation.