European Convention on Human Rights

European Convention on Human Rights

Introduction

The European Convention on Human Rights was a reaction against the horrific
abuses of human rights that took place before and during the Second World War,
followed by further abuses occurring within the newly formed Communist block.
These led, in 1949, due in part to the initiative of Winston Churchill, to the
founding of the Council of Europe, open to all European States that accepted the
principle of the rule of law and were able and willing to guarantee democracy and
fundamental human rights and freedoms.

This excluded the Communist block, up to the fall of the Berlin wall, since when Russia and almost all the new democracies of Central and Eastern Europe have become members. One of the first tasks of the initial members of the Council of Europe was to draw up the European Convention on Human Rights and Fundamental Freedoms, under which, by Article 1, the
parties agreed to secure to everyone ‘within their jurisdictions’ the rights and
freedoms set out in the Convention.

Text

Article 1 Obligation to respect human rights

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

Section I Rights and freedoms

Article 2 Right to life

Everyone’s right to life shall be protected by 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.
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:
in defence of any person from unlawful violence;
in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 3 Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4 Prohibition of slavery and forced labour

No one shall be held in slavery or servitude.
No one shall be required to perform forced or compulsory labour.
For the purpose of this article the term “forced or compulsory labour”shall not include:
any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
any work or service which forms part of normal civic obligations.

Article 5 Right to liberty and security

Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
the lawful detention of a person after conviction by a competent court;
the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

Article 6 Right to a fair trial

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
Everyone charged with a criminal offence has the following minimum rights:
to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
to have adequate time and facilities for the preparation of his defence;
to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7 No punishment without law

No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.

Article 8 Right to respect for private and family life

Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is 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.

Article 9 Freedom of thought, conscience and religion

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
Freedom to manifest one’s 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 public order, health or morals, or for the protection of the rights and freedoms of others.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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European Convention on Human Rights (ECHR) and the Treaties of the European Union

Description of European Convention on Human Rights (ECHR) provided by the European Union Commission: The European Convention on Human Rights, signed in Rome under the aegis of the Council of Europe on 4 November 1950, established an unprecedented system of international protection for human rights, offering individuals the possibility of applying to the courts for the enforcement of their rights. The Convention, which has been ratified by all the Member States of the Union, established a number of supervisory bodies based in Strasbourg. These were:

• a Commission responsible for advance examination of applications from States or from individuals;

• a European Court of Human Rights, to which cases were referred by the Commission or by a Member State following a report by the Commission (in the case of a judicial settlement);

• a Committee of Ministers of the Council of Europe, which acted as the guardian of the ECHR and was called upon to secure a political settlement of a dispute where a case was not brought before the Court.

The growing number of cases made it necessary to reform the supervisory arrangements established by the Convention. The supervisory bodies were thus replaced on 1 November 1998 by a single European Court of Human Rights. The simplified structure shortened the length of procedures and enhanced the judicial character of the system. The idea of the European Union acceding to the ECHR has often been raised. However, in an opinion given on 28 March 1996, the Court of Justice of the European Union stated that the European Communities could not accede to the Convention because the EC Treaty did not provide any powers to lay down rules or to conclude international agreements on human rights. The Treaty of Amsterdam nevertheless calls for respect for the fundamental rights guaranteed by the Convention, while formalising the judgments of the Court of Justice on the matter. As regards relations between the two Courts, the practice developed by the Court of Justice of incorporating the principles of the Convention into Union law has made it possible to maintain their independence and coherence in their work. The Constitution, which is in the process of ratification, nevertheless provides for the European Union to have legal personality, thus enabling it to accede to the ECHR. It also provides for the incorporation of the Charter of Fundamental Rights, announced at the Nice European Council on 7 December 2000, which will give it binding legal force.

European Convention on Human Rights

Embracing mainstream international law, this section on european convention on human rights explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

  • The entry “european convention on human rights” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

European Convention on Human Rights (ECHR) and the Treaties of the European Union

Description of European Convention on Human Rights (ECHR) provided by the European Union Commission: The European Convention on Human Rights, signed in Rome under the aegis of the Council of Europe on 4 November 1950, established an unprecedented system of international protection for human rights, offering individuals the possibility of applying to the courts for the enforcement of their rights. The Convention, which has been ratified by all the Member States of the Union, established a number of supervisory bodies based in Strasbourg. These were:

• a Commission responsible for advance examination of applications from States or from individuals;

• a European Court of Human Rights, to which cases were referred by the Commission or by a Member State following a report by the Commission (in the case of a judicial settlement)
;

• a Committee of Ministers of the Council of Europe, which acted as the guardian of the ECHR and was called upon to secure a political settlement of a dispute where a case was not brought before the Court.

The growing number of cases made it necessary to reform the supervisory arrangements established by the Convention. The supervisory bodies were thus replaced on 1 November 1998 by a single European Court of Human Rights. The simplified structure shortened the length of procedures and enhanced the judicial character of the system. The idea of the European Union acceding to the ECHR has often been raised. However, in an opinion given on 28 March 1996, the Court of Justice of the European Union stated that the European Communities could not accede to the Convention because the EC Treaty did not provide any powers to lay down rules or to conclude international agreements on human rights. The Treaty of Amsterdam nevertheless calls for respect for the fundamental rights guaranteed by the Convention, while formalising the judgments of the Court of Justice on the matter. As regards relations between the two Courts, the practice developed by the Court of Justice of incorporating the principles of the Convention into Union law has made it possible to maintain their independence and coherence in their work. The Constitution, which is in the process of ratification, nevertheless provides for the European Union to have legal personality, thus enabling it to accede to the ECHR. It also provides for the incorporation of the Charter of Fundamental Rights, announced at the Nice European Council on 7 December 2000, which will give it binding legal force.

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

Hierarchical Display of European Convention on Human Rights

International Relations > International affairs > International instrument > International convention > European convention
European Union > European construction > Deepening of the European Union > Citizens’ Europe > EU Charter of Fundamental Rights
Law > Rights and freedoms > Human rights > Charter on human rights

European Convention on Human Rights

Concept of European Convention on Human Rights

See the dictionary definition of European Convention on Human Rights.

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Translation of European Convention on Human Rights

Thesaurus of European Convention on Human Rights

International Relations > International affairs > International instrument > International convention > European convention > European Convention on Human Rights
European Union > European construction > Deepening of the European Union > Citizens’ Europe > EU Charter of Fundamental Rights > European Convention on Human Rights
Law > Rights and freedoms > Human rights > Charter on human rights > European Convention on Human Rights

See also

  • ECHR (European Convention on Human Rights)
  • Convention for the Protection of Human Rights and Fundamental Freedoms

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