The European Convention on Human Rights
was drafted during early attempts to
unify Europe after the Second World War.
The Convention was an attempt to provide
a basic standard human rights to the
citizens of Europe.
The United Kingdom signed the treaty
in 1950 but until 2000 the treaty had no
validity in the domestic law of the UK.
31 of the member states of the Council
of Europe have ratified the Convention.
The Convention is enforced and
interpreted by the European Court of
Human Rights in Strasbourg.
The Convention is interpreted in
accordance with International Law. In
particular the Convention is interpreted
'in good faith in accordance with the
ordinary meaning to be given to the
terms of the treaty in their context and
in light of its object and purpose.
The Court interprets the Convention
in a dynamic way in light of present day
conditions. Therefore the Court takes
account of changes in society. The Court
attempts to balance the needs of the
community with the protection of
individuals fundamental rights.
The Convention is split into discrete
Articles as follows.
Article Two: The right to life.
Everyone has a right to life.
This is the most basic right of all.
Cases under this Article are few
but include killings in Northern
Ireland and abortion questions.
Article Three: The freedom from
torture.
The Article reads: 'No one shall
be subjected to torture or to
inhuman or degrading treatment or
punishment.'
Inhuman treatment is a relative
term and
'depends on all the circumstances
of the case, such as the duration of
the treatment, its physical or
mental effects and, in some cases,
the sex, age and state of health of
the victim.'
Article Four: The freedom from
slavery.
The article prevents slavery and
forced or compulsory labour. Forced
labour does not include National
Service, normal prison work and
sentences such as community service.
The Court has never found a
breach of Article four.
Article Five: The right to liberty
and security of the person.
No one should be dispossessed of
his liberty in an arbitrary fashion.
Detention is legal only where it is
consistent with accepted European
standards. Article five prevents the
state from detaining someone without
recourse to an review or appeal
process.
Article Six: The right to a fair
trial.
Everyone is entitled to a fair
and public hearing within a
reasonable time before an impartial
and independent judge. The right to
a fair trial includes both civil and
criminal matters. The Article
however ensures that those charged
with a criminal offence must be
informed, in understandable
language, the case against him. Be
given adequate facilities to prepare
his defence. To be allowed a lawyer
to defend him and if he cannot
afford one to be given one free when
it is in the interests of justice
and to be allowed to examine
witness's against him and call
witness's on his own behalf.
Finally Article six provides that
you are presumed innocent until
proved guilty.
More than half of all the
Convention cases are decided under
Article Six.
Article Seven: Freedom from
retroactive criminal offences or
punishment.
Very few cases have been decided
under this article. In general it
provides a safeguard against the
state applying criminal offences
retrospectively.
Article Eight: The right to respect
for private and family life, home and
correspondence.
Everyone has the right to respect
for his private and family life. The
state may not interfere with this
right except in accordance with the
law. These rights may be infringed
where they are necessary for a
democratic society, in the interests
of public safety and security, for
the protection of health and morals,
for the prevention of crime and for
the protection of others.
The right to privacy and a family
life is subscribed by the wider
needs of society. Article eight is
not therefore a basic right but one
which is balanced against the needs
of the community at large.
Article Nine: The freedom of
Religion.
Everyone has the right to freedom
of thought, conscience and religion.
These rights are limited where they
infringe public safety, morals,
health or order or where they must
be limited for the protection of the
rights and freedoms of others.
Article Ten: The freedom of
Expression.
Everyone has the right to hold
opinions and to receive and impart
information and ideas without the
interference of the state.
The Court has interpreted this
right broadly to include the holding
of opinions that shock, disturb or
offend the state.
Article Eleven: The Freedom of
Assembly and Association.
Everyone has the right to freedom
of peaceful assembly and
association. No restrictions can be
put on these rights except in the
interests of national security,
public disorder, prevention of
crime, public safety, protection of
morals or for the protection of the
rights and freedoms of others.
Article Twelve: The right to marry
and found a family.
Men and Women of marriageable age
have the right to marry and to found
a family, according to the national
laws governing this right.
Whilst the state can restrict the
right to marry for instance in cases
of age or form or capacity. the
State cannot completely deprive a
person the right to marry and found
a family.
Article Thirteen: The right to an
effective national remedy.
The article states that everyone
whose rights and freedoms as set
forth in this Convention are
violated shall have an effective
remedy before a national authority
notwithstanding that the violation
has been committed by persons acting
in an official capacity.
Article thirteen therefore
guarantees effective remedies in a
national forum for breaches of the
Convention. This means a
sufficiently independent authority
which can provide effective
remedies.
Article Fourteen: Freedom from
discrimination.
The freedoms contained in the
Convention shall be secured without
discrimination on any ground such as
sex, religion, political view.
Article Fifteen: Derogation in time
of War.
In exceptional circumstances the
state may take measures which
interfere with rights guaranteed
under the Convention.
Articles Sixteen - Eighteen.
Restrictions on the political
activities may be taken by national
authorities.
The Convention cannot be used as
a means to engage in activities
designed at undermining the rights
and freedoms protected by the
Convention. The restrictions
permitted by the Convention cannot
be used for any other purpose than
for those prescribed. This latter
article, eighteen, prevents improper
use of restrictions on rights and
freedoms. It effectively closes the
door on restrictions being developed
in addition to those already
granted.
The Convention has been extended
by way of protocol and the UK has
signed the first and sixth
protocols.
The First Protocol
This protocol recognises the
right to peaceful occupation of
property, the right to education and
free elections.
The Sixth Protocol
Bans the death penalty except in
time of war.
If you feel that any of your
rights have been violated please
contact a solicitor by using the
search tool at the top left of this
page by entering your postcode
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