The European Convention on Human Rights

8/11/2019 The European Convention on Human Rights

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The European Convention on Human Rights

Article 1

The High Contracting Parties shall secure toeveryone within their jurisdiction the rights and

freedoms defined in Section 1 of this Convention


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The European Convention on Human Rights Article 2

1. Everyones right to life shall be protected by the law. No oneshall be deprived of his life intentionally save in the execution ofa sentence of a court following his conviction of a crime forwhich this penalty is provided by law.

2. Deprivation of life shall not be regarded as inflicted incontravention of this Article when it results from the use of forcewhich is no more than absolutely necessary:

a. In defence of any person from unlawful violence

b. In order to effect a lawful arrest or to prevent the escape of aperson lawfully detained

c. In action lawfully taken for the purpose of quelling a riot orinsurrection


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The European Convention on Human RightsProtocol No. 6

1. The death penalty shall be abolished . No one shall becondemned to such penalty or executed.

2. A State may make provision in its law for the death penaltyin respect of acts committed in time of war or of imminentthreat of war; such penalty shall be applied only in the

instances laid down in the law and in accordance with itsprovisions. The State shall communicate to the SecretaryGeneral of the Council of Europ the relevant provisions ofthat law.


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1. In time of war or other public emergency threatening thelife of the nation any High Contracting Party may takemeasures derogating from its obligations under thisConvention to the extent strictly required by the exigenciesof the situation, provided that such measures are notinconsistent with its other obligations under internationallaw.

2. No derogation from Article 2, except in respect of deathsresulting from lawful acts of war or from Articles 3, 4(1) and7 shall be made under this provision


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No one shall be subjected to torture or inhuman or degradingtreatment or punishment


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The European Convention on Human RightsInterpretation of Article 3

TORTURE: inhuman treatment which has a purpose, such as theobtaining of information or concessions, or the infliction of

punishment or causing very serious and cruel suffering INHUMAN TREATMENT OR PUNISHMENT: treatment deliberately

causing severe or intense suffering, mental or physical, which in aparticular situation is unjustifiable.

DEGRADING TREATMENT: treatment that grossly humiliates himbefore others or drives him to act against his will. Treatmentdesigned to arouse in victims feelings of fear, anguish and inferioritycapable of humiliating and debasing them and possibly breakingtheir physical or moral resistance.

(Denmark, France. Norway, Sweden and the Netherlands v Greece 1969and Ireland v the UK 1978)


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The right to liberty and security of person

It concerns the protection of physical liberty and in particular freedomfrom arbitrary arrest or detention. It guarantees certain basicprocedural rights such as:

the right to be informed promptly of the reason for arrest,

the right to be brought promptly before a judicial officer and

The right to take proceedings by which the lawfulness of thedetention, or continuing detention, may be decided speedily by acourt.


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1. Everyone has the right to respect for his private and family life,his home and correspondence.

2. There shall be no interference by a public authority with theexercise of this right except such as in accordance with the lawand is necessary in a democratic society in the interests ofnational security, public safety or the economic well-being ofthe country, for the prevention of disorder or crime, for the

protection of health or morals, or for the protection of therights and freedoms of others


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Men and women of marriageable age have theright to marry and to found a family, accordingto the national laws governing the exercise ofthis right.


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1. Everyone has the right to freedom of thought,conscience and religion; this includes freedom to changehis religion or belief and freedom, either alone or incommunity with others and in public or in private, tomanifest his religion or belief, in worship, teaching,practice and observance.

2. Freedom to manifest ones religion or beliefs shall besubject only to such limitations as are prescribed by lawand are necessary in a democratic society in the interestsof public safety, for the protection of the rights and

freedoms of others.


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1. Everyone has the right to freedom of expression. This right shallinclude freedom to hold opinions and to receive and impart informationand ideas without interference by public authority and regardless offrontiers. This Article shall not prevent States from requiring thelicensing of broadcasting, television or cinema enterprises.

2. The exercise of the freedom, since it carries with it duties andresponsibilities, may be subject to such formalities, conditionsrestrictions or penalties as are prescribed by law and are necessary in ademocratic society, in the intersts of national security, territorialintegrity or public safety, for the prevention of disorder o crime, for theprotection of health or morals, for the protection of the reputation orrights of others, for preventing the disclosure of information received inconfidence, or for maintaining the authority and impartiality of the

judiciary.


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The enjoyment of the rights and freedoms set forth inthis Convention shall be secured without discriminationon any ground such as sex, race, colour, language,religion, political or other opinion, national or socialorigin, association with a national minority, property,birth or other status.


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The European Convention on Human RightsProtocol No. 12

Provides that no one can be discriminatedagainst by any public authority on any ground


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Before a case can be considered all domesticremedies must have been exhausted, accordingto the generally recognised rules ofinternational law, and within a period of sixmonths from the date on which the finaldecision was taken


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The New European Court of Human Rights

Started work November 1998

Set up by Protocol 11

It is permanent and has a one-step process

Applicants have direct access to the Court

It deals with INDIVIDUAL and STATE complaints


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The New European Court of Human RightsMost cases the Court sits in Chambers of 7 judges

Manifestly ill-founded cases may be declared inadmissible byunanimous vote of a committee of 3 judges

Admissible applications- examination and investigation. Friendlysettlement

Violations Appeal within 3 months from date of judgement to the GrandChamber

Can award compensation or reimbursement of applicants costs

Documents

The European Convention on Human Rights