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The European Convention on Human Rights

Article 1
The High Contracting Parties shall secure to
everyone 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 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
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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.

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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

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The European Convention on Human Rights
Article 3
No one shall be subjected to torture or inhuman or degrading
treatment or punishment
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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)
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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.

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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
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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.
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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.
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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.
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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.
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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.
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The European Convention on Human Rights
Protocol No. 12
Provides that no one can be discriminated
against by any public authority on any ground
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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
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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
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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