Sir Nicolas Dušan Bratza (born 3 March 1945) is a British lawyer and a former President of the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
.
Bratza was the Judge of the Court in respect of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, the second person to hold the post as a full-time appointment since Protocol 11 to the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
established the Court as a permanent body. His term ended on 31 October 2012.
He was appointed as a board member of the
International Service for Human Rights
The International Service for Human Rights (ISHR) is an independent, non-profit organization with offices in Geneva and New York which promotes and protects human rights by supporting human rights defenders, strengthening human rights standards ...
in May 2013.
Early life
Bratza was born on 3 March 1945 and educated at
Wimbledon College
Wimbledon College is a government-maintained, voluntary-aided, Jesuit Roman Catholic secondary school and sixth form for boys aged 11 to 19 in Wimbledon, London.
The college was founded in 1892 "for improvement in living and learning for the g ...
, a state-maintained
Jesuit
, image = Ihs-logo.svg
, image_size = 175px
, caption = ChristogramOfficial seal of the Jesuits
, abbreviation = SJ
, nickname = Jesuits
, formation =
, founders ...
school for boys. His father was Milan Bratza, a Serbian concert
violin
The violin, sometimes known as a ''fiddle'', is a wooden chordophone (string instrument) in the violin family. Most violins have a hollow wooden body. It is the smallest and thus highest-pitched instrument (soprano) in the family in regular ...
ist who settled in London after the First World War, and his mother, an operatic singer, came from the Russell family, which has produced three generations of
Law Lords
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
(
Charles Russell,
Frank Russell and
Charles Ritchie Russell
Charles Ritchie Russell, Baron Russell of Killowen, PC (12 January 1908 – 23 June 1986) was a British lawyer and judge who served as a lord of appeal in ordinary between 1975 and 1982.
Biography
Russell was born in London, the son of F ...
). He studied law at
Brasenose College, Oxford
Brasenose College (BNC) is one of the constituent colleges of the University of Oxford in the United Kingdom. It began as Brasenose Hall in the 13th century, before being founded as a college in 1509. The library and chapel were added in the mi ...
, and was awarded a
first class degree
The British undergraduate degree classification system is a grading structure for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied (sometimes with significant variati ...
. He then spent two years teaching at the
University of Pennsylvania Law School
The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...
before being
called to the bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
at
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
in 1969, where he was a Hardwicke and Droop Scholar. He was appointed a
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of the Inn in 1993.
Legal career
Bratza was appointed Junior Counsel to the Crown at Common Law in 1979 and took silk as
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in 1988. He acted in 1981 for the UK Government at the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
against
Jeffrey Dudgeon
Jeffrey Edward Anthony Dudgeon MBE is a Northern Irish politician, historian and gay political activist. He previously sat as an Ulster Unionist Party councillor for the Balmoral area of Belfast City Council from 2014 to 2019.
He is best know ...
who complained successfully that the law in Northern Ireland, which made homosexual acts between consenting adult males a criminal offence, was a breach of the convention. In 1993, Bratza was appointed a
Recorder
Recorder or The Recorder may refer to:
Newspapers
* ''Indianapolis Recorder'', a weekly newspaper
* ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US
* ''The Recorder'' (Port Pirie), a news ...
of the
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
and elected a
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
.
In the same year, he was appointed as the UK Member of the
European Commission of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe.
From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
, part of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
system of the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
. In 1998, the commission was abolished and replaced by a permanent European Court of Human Rights, and Bratza was elected as the Judge of this Court representing the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. The eligibility criteria for appointment, however, required that Bratza hold judicial office in his home territory, and for this reason he was appointed a
High Court judge. This afforded him the title ''The Hon. Mr. Justice Bratza'', but at the European Court he is referred to simply as Sir Nicolas Bratza. In the same year, and again in 2001, he was elected as one of the five section presidents of the court. He was elected to a second and final term as a judge of the court (ending 31 October 2012)
and re-elected as a section president in 2004. He was a vice-president of the court from 19 January 2007 to 3 November 2011. In July 2011, he was elected to succeed
Jean-Paul Costa
Jean-Paul Costa (3 November 1941 – 27 April 2023) was a French jurist and was the President of the European Court of Human Rights from 19 January 2007 until his term at the Court ended on 3 November 2011. He was first appointed a judge of the ...
as President of the court on 3 November 2011. His term on the court ended on 31 October 2012, and he resigned as a Justice of the High Court on 1 November 2012.
Other appointments
Bratza was appointed as President of the British Institute of Human Rights Advisory Board in February 2013, a member of the advisory board of the
British Institute of International and Comparative Law
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
, a member of the editorial board of the European Human Rights Law Review and a member of the advisory board of the European Human Rights Association.
In June 2007, he received the degree of
Doctor of Laws
A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...
,
honoris causa
An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
, from the
University of Glasgow
, image = UofG Coat of Arms.png
, image_size = 150px
, caption = Coat of arms
Flag
, latin_name = Universitas Glasguensis
, motto = la, Via, Veritas, Vita
, ...
.
In 2014, Bratza became an ambassador for
Toynbee Hall
Toynbee Hall is a charitable institution that works to address the causes and impacts of poverty in the East End of London and elsewhere. Established in 1884, it is based in Commercial Street, Spitalfields, and was the first university-affiliat ...
. It marked a return to the East London charity, where he had volunteered at its Free Legal Advice Centre during the late 1970s and early 1980s.
In 2018, Bratza became a member of the executive committee of the
International Commission of Jurists
The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is a standing group of 60 eminent jurists—including senior judges, attorneys and academics—who work to develop national and inte ...
, having served as a Commissioner since 2013.
References
The Cripps lecture 2006, Howard League for Penal Reform*
ttp://www.echr.coe.int/ECHR/EN/Header/The+Court/The+Court/Judges+CVs+and+photos European Court of Human Rights Judgesbr>
Britain's man fights to keep a new Europe out of dark ages
External links
References
{{DEFAULTSORT:Bratza, Nicolas
1945 births
Living people
Alumni of Brasenose College, Oxford
20th-century English judges
English people of Serbian descent
English King's Counsel
Presidents of the European Court of Human Rights
Knights Bachelor
Lawyers awarded knighthoods
People educated at Wimbledon College
Queen's Bench Division judges
20th-century King's Counsel
Members of the European Commission of Human Rights
British judges of international courts and tribunals
University of Pennsylvania Law School faculty
21st-century English judges