Article 1 The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section 1 of this Convention SHK2001 2 The European Convention on Human Rights Article 2 1. Everyones right to life shall be protected by the law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which 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 a person lawfully detained c. In action lawfully taken for the purpose of quelling a riot or insurrection SHK2001 3 The European Convention on Human Rights Protocol No. 6 1. The death penalty shall be abolished . No one shall be condemned to such penalty or executed. 2. A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europ the relevant provisions of that law.
SHK2001 4 The European Convention on Human Rights Article 15 1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war or from Articles 3, 4(1) and 7 shall be made under this provision
SHK2001 5 The European Convention on Human Rights Article 3 No one shall be subjected to torture or inhuman or degrading treatment or punishment SHK2001 6 The European Convention on Human Rights Interpretation of Article 3 TORTURE: inhuman treatment which has a purpose, such as the obtaining 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 a particular situation is unjustifiable. DEGRADING TREATMENT: treatment that grossly humiliates him before others or drives him to act against his will. Treatment designed to arouse in victims feelings of fear, anguish and inferiority capable of humiliating and debasing them and possibly breaking their physical or moral resistance. (Denmark, France. Norway, Sweden and the Netherlands v Greece 1969 and Ireland v the UK 1978) SHK2001 7 The European Convention on Human Rights Article 5 The right to liberty and security of person
It concerns the protection of physical liberty and in particular freedom from arbitrary arrest or detention. It guarantees certain basic procedural 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 the detention, or continuing detention, may be decided speedily by a court.
SHK2001 8 The European Convention on Human Rights Article 8 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 the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others SHK2001 9 The European Convention on Human Rights Article 12 Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. SHK2001 10 The European Convention on Human Rights Article 9 1. Everyone has the right to freedom of thought, conscience and religion; this includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or in private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest ones religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of the rights and freedoms of others. SHK2001 11 The European Convention on Human Rights Article 10 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of the freedom, since it carries with it duties and responsibilities, may be subject to such formalities, conditions restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the intersts of national security, territorial integrity or public safety, for the prevention of disorder o crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. SHK2001 12 The European Convention on Human Rights Article 11 Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. SHK2001 13 The European Convention on Human Rights Article 14 The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. SHK2001 14 The European Convention on Human Rights Protocol No. 12 Provides that no one can be discriminated against by any public authority on any ground SHK2001 15 The European Convention on Human Rights Article 26 Before a case can be considered all domestic remedies must have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken SHK2001 16 The European Convention on Human Rights 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 SHK2001 17 The European Convention on Human Rights The New European Court of Human Rights Most cases the Court sits in Chambers of 7 judges Manifestly ill-founded cases may be declared inadmissible by unanimous vote of a committee of 3 judges Admissible applications- examination and investigation. Friendly settlement Violations Appeal within 3 months from date of judgement to the Grand Chamber Can award compensation or reimbursement of applicants costs