What we do
We are a Germany-based law office focussing on human rights law and international law.
We advise individuals and companies on the European Convention on Human Rights (ECHR) and represent clients before the European Court of Human Rights in Strasbourg as well as other international courts.
We also work with companies seeking to meet their human rights obligations.
European Convention on Human Rights (ECHR)
An application to the European Court on Human Rights (ECtHR) gives persons the opportunity to have an international court examine wether a state has breached one of their rights under the European Convention on Human Rights (ECHR). If the ECtHR finds that there has been a violation of the Convention, the applicant may be entitle to a fresh trial on the domestic level. A procedure before the European Court of Human Rights offers therefore an additional legal remedy after all legal possibilities on the national level are exhausted.
In addition to that, the European Court of Human Rights can be an avenue to clarify questions of principle.
Holger Hembach represents clients from across Europe befor the European Court of Human Rights.
Business and Human Rights
For a long time, corporations could exclusively focus on maximizing profits and increasing shareholder-value. This has changed radically in the past few years. Today, companies and organizations are expected to be aware of their responsibilities towards society as a whole, their environmental footprint and the human rights impact of their activities.
Expectations by customers, investors and business partners in this regard are increasingly coupled with legal responsibilities. Several countries have passed legislation establishing human rights obligations for corporations and organzations. Companies which violate human rights therefore do not only run the risk to damage their reputation, they may also face legal liablity.
We offer our services to companies seeking to meet their human rights obligations. A particular focus is on the new German ‘Due diligence in supply chains act’ (Lieferkettensorgfaltspflichtengesetz).
International Law
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Justice Reform
Holger has extensive experience in the area of justice reform. For more than ten years, he has worked for various international organizations such as the OSCE, the UN, the EU and the Council of Europea with assignments in North Macedonia, Serbia, Moldova, Tanzania and other countries. He has a profound knowledge of international standards in the realm of justice reform and a sound understanding of facilitating reform processes. Holger keeps on being engaged as a consultant on justice reform and is available for short- and mit-term assignments.
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Attorney
Holger Hembach represents clients before the European Court of Human Rights and advises on business and human rights.
He has provided training on the European Convention on Human Rights (ECHR) to legal professionals across Europe and authored several publications on human rights issues, including a book on the ECHR.
European Convention
What can I achieve before the ECtHR
At the end of the procedure before the ECtHR, the Court will rule whether the respondent state has violated a right enshrined in the ECHR. The Court will rule ‘there has been a violation’ or ‘there has been no violation’. In addition to that, it can grant compensation to the applicant.
The ECtHR has no authority to quash judgments rendered by domestic courts. However, in most states, applicants can request a retrial if the ECtHR found that their rights have been violated.
Do I need a lawyer before the ECtHR?
You can submit an application to the ECtHR on your own; you do not need a lawyer to do that (in most cases, it is advisable to retain an attorney, though).
When you lodge an application, the Court will scrutinize it. In case the Court comes to the conclusion that the case warrants further examination, it will inform the government about the application. From this stage on, the applicant has to be represented by counsel. The Court sends a letter to the applicant and asks him to choose a lawyer and to provide the Court with his details.
Can I get compensation from the ECtHR?
Yes, the ECtHR can grant compensation to the applicant. There is compensation for immaterial damage and compensation for material damage.
Compensation for immaterial damage is supposed to ease the moral wrong the applicant has sufferd, his psychological suffering.
Compensation for material damage is to reimburse the applicant for any financial damage he has suffered.
How much do proceedings before the ECtHR cost?
There are no court fees before the European Court of Human Rights. Applicants who lose their case are not obliged to bear the cost of opposing counsel or other cost of proceedings, either. Thus, the cost of proceedings before the ECtHR equal the legal fees for the applicant’s lawyer (unless the applicant has been granted legal aid).
Is legal aid available at the ECtHR?
Legal aid is available from the moment in which the Court has informed the government about the case. That means that there is no legal aid to lodge the application.
Eligibility for legal aid depends on the income. There are different thresholds depending on the country in which the applicant lives
Business + Human Rights
What is the German due diligence in supply chains act?
The German Due Diligence in Supply Chains Act (‘Lieferkettensorgfaltspflichtengesetz’) was adopted in 2021. It imposes obligations in the area of human rights and environmental protection on certain companies. From January 2023, it will apply to enterprises employing more than 3.000 persons. Starting from 2024, this threshold is lowered to enterprises employing more than 1.0000 persons.
The obligations are mostly derived from the UN Guiding Principles on Business and Human Rights.
The act provides for severe sanctions for companies which do not meet their obligations. Also, they can be excluded from tendering procedures.
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Office
Bensberger Str. 103
51469 Berg. Gladbach
Germany
Hours
Mon-Fri: 8am – 5pm
Sat: 8am 9pm
Sun: 8am – 2pm
Via Email
info@hembach.legal
Via Phone
Tel: +49 2202 81 88 760
skype: holger.hembach