HOME

TheInfoList




The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect
human rights Human rights are moral A moral (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. ...
and
political freedom Political freedom (also known as political autonomy or political agency) is a central concept Concepts are defined as abstract ideas or general notions that occur in the mind, in speech, or in thought. They are understood to be the fundamental ...
s in
Europe Europe is a continent A continent is any of several large landmass A landmass, or land mass, is a large region In geography Geography (from Greek: , ''geographia'', literally "earth description") is a field of scienc ...

Europe
. Drafted in 1950 by the then newly formed
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation ''International Organization'' is a quarterly peer-reviewed academic journal that covers the entire field of international relations, international aff ...

Council of Europe
,The Council of Europe should not be confused with the
Council of the European Union A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A ...

Council of the European Union
or the
European Council The European Council (informally EUCO) is a collegiate body that defines the overall political directions and priorities of the European Union The European Union (EU) is a political and economic union of member states that are loc ...
.
the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the
European Court of Human Rights European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Human Rights
(generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The
Committee of Ministers of the Council of Europe The Committee of Ministers of the Council of Europe ( French: ''Comité des ministres du Conseil de l'Europe'') or Committee of Ministers ( French: ''Comité des ministres'') is the Council of Europe's decision-making body. It comprises the Foreig ...
monitors the execution of judgements, particularly to ensure payments awarded by the Court appropriately compensate applicants for the damage they have sustained. The Convention has several
protocol Protocol may refer to: Sociology and politics * Protocol (politics) Protocol originally (in Late Middle English, c. 15th century) meant the minutes or logbook taken at a meeting, upon which an agreement was based. The term now commonly refers to a ...
s, which amend the convention framework. The Convention has had a significant influence on the law in Council of Europe member countries and is widely considered the most effective international treaty for human rights protection.


History

The European Convention on Human Rights has played an important role in the development and awareness of human rights in Europe. The development of a regional system of human rights protections operating across Europe can be seen as a direct response to twin concerns. First, in the aftermath of the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a global war A world war is "a war War is an intense armed conflict between states State may refer to: Arts, entertainment, and media Literatur ...
, the convention, drawing on the inspiration of the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six p ...
, can be seen as part of a wider response from the Allied powers in delivering a human rights agenda to prevent the most serious human rights violations which had occurred during the Second World War from happening again. Second, the Convention was a response to the growth of
Stalinism Stalinism is the means of governing and policies which were implemented in the Soviet Union from 1927 to 1953 by Joseph Stalin. It included the creation of a one-party totalitarian police state; rapid industrialization; the theory of socialis ...
in Central and Eastern Europe and designed to protect the member states of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation ''International Organization'' is a quarterly peer-reviewed academic journal that covers the entire field of international relations, international aff ...

Council of Europe
from communist subversion. This, in part, explains the constant references to values and principles that are "
necessary in a democratic society Necessary or necessity may refer to: * Need A need is something that is necessary Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by ...
" throughout the Convention, despite the fact that such principles are not in any way defined within the convention itself. From 7 to 10 May 1948, politicians including
Winston Churchill Sir Winston Leonard Spencer Churchill, (30 November 187424 January 1965) was a British statesman who served as Prime Minister of the United Kingdom The prime minister of the United Kingdom is the head of government The hea ...

Winston Churchill
,
François Mitterrand François Marie Adrien Maurice Mitterrand (26 October 19168 January 1996) was a French statesman who served as President of France The president of France, officially the President of the French Republic (french: Président de la Républiqu ...
and
Konrad Adenauer Konrad Hermann Joseph Adenauer (; 5 January 1876 – 19 April 1967) was a German statesman who served as the first chancellor of West Germany from 1949 to 1963. From 1946 to 1966, he was the first leader of the Christian Democratic Union (CDU) ...

Konrad Adenauer
, civil society representatives, academics, business leaders, trade unionists, and religious leaders convened the
Congress of Europe The Hague Congress or the Congress of Europe, considered by many as the first federal moment of the European history, was held in The Hague The Hague (; nl, Den Haag or ) is a List of cities in the Netherlands by province, city and Municipali ...
in
The Hague The Hague ( ; nl, Den Haag or ) is a city A city is a large human settlement.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd ed ...

The Hague
. At the end of the Congress, a declaration and following pledge to create the Convention was issued. The second and third Articles of the Pledge stated: "We desire a Charter of Human Rights guaranteeing liberty of thought, assembly and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter." The Convention was drafted by the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation ''International Organization'' is a quarterly peer-reviewed academic journal that covers the entire field of international relations, international aff ...

Council of Europe
after the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a global war A world war is "a war War is an intense armed conflict between states State may refer to: Arts, entertainment, and media Literatur ...
and Hague Congress. Over 100 parliamentarians from the twelve member states of the Council of Europe gathered in Strasbourg in the summer of 1949 for the first ever meeting of the Council's Consultative Assembly to draft a "charter of human rights" and to establish a court to enforce it. British MP and lawyer Sir
David Maxwell-Fyfe David Patrick Maxwell Fyfe, 1st Earl of Kilmuir, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as Viscount Kilmuir from 1954 to 1962, was a British Conservative Conservatism is a Political philos ...
, the Chair of the Assembly's Committee on Legal and Administrative Questions, was one of its leading members and guided the drafting of the Convention, based on an earlier draft produced by the
European Movement The European Movement International is a lobbying association that coordinates the efforts of associations and national councils with the goal of promoting European integration, and disseminating information about it. History The origins of the ...
. As a prosecutor at the
Nuremberg Trials #REDIRECT Nuremberg trials#REDIRECT Nuremberg trials#REDIRECT Nuremberg trials {{redirect category shell, {{R from other capitalisation{{R from move ... {{redirect category shell, {{R from other capitalisation{{R from move ...
{{redirect ...
, he had seen first-hand how international justice could be effectively applied. French former minister and Resistance fighter
Pierre-Henri Teitgen Pierre-Henri Teitgen (29 May 1908 – 6 April 1997) was a French lawyer, professor and politician.Johnson, Douglas (9 April 1997)"Obituary: Pierre-Henri Teitgen" ''The Independent ''The Independent'' is a British online newspaper that wa ...

Pierre-Henri Teitgen
submitted a report to the Assembly proposing a list of rights to be protected, selecting a number from the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six p ...
that had recently been agreed to in New York, and defining how the enforcing judicial mechanism might operate. After extensive debates, the Assembly sent its final proposal to the Council's Committee of Ministers, which convened a group of experts to draft the Convention itself. The Convention was designed to incorporate a traditional
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation Legislation is the process or product of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgat ...
approach to securing "effective political democracy", from the strongest traditions in the United Kingdom, France and other member states of the fledgling Council of Europe, as said by
Guido Raimondi Guido Raimondi (born 22 October 1953) is an Italian judge born in Naples Naples (; it, Napoli ; nap, Napule ; grc, wikt:Νεάπολις, Νεάπολις, Neápolis), from grc, Νεάπολις, lit=new city. is the regional capital of ...

Guido Raimondi
, President of
European Court of Human Rights European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Human Rights
: The Convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered into force on 3 September 1953. It is overseen and enforced by the
European Court of Human Rights European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Human Rights
in Strasbourg, and the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation ''International Organization'' is a quarterly peer-reviewed academic journal that covers the entire field of international relations, international aff ...

Council of Europe
. Until procedural reforms in the late 1990s, the Convention was also overseen by a European Commission on Human Rights.


Drafting

The Convention is drafted in broad terms, in a similar (albeit more modern) manner to the 1689 Scottish
Claim of Right Act 1689 The Claim of Right is an Act passed by the Parliament of Scotland The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature A legislature is an deliberative assembly, assembly with the aut ...
, to the 1689
English Bill of Rights The Bill of Rights 1689, also known as the Bill of Rights 1688, is a landmark Act in the constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a , namely, the , the ...
, the 1791 U.S. Bill of Rights, the 1789 French
Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human Humans (''Homo sapiens'') are the most ...
, or the first part of the German
Basic Law In countries with uncodified constitution An uncodified constitution is a type of constitution where the fundamental rules often take the form of custom (law), customs, usage, precedent and a variety of statutes and legal instruments.Johari, J. ...

Basic Law
. Statements of principle are, from a legal point of view, not determinative and require extensive interpretation by courts to bring out meaning in particular factual situations.


Convention articles

As amended by Protocol 11, the Convention consists of three parts. The main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II (Articles 19 to 51) sets up the Court and its rules of operation. Section III contains various concluding provisions. Before the entry into force of Protocol 11, Section II (Article 19) set up the Commission and the Court, Sections III (Articles 20 to 37) and IV (Articles 38 to 59) included the high-level machinery for the operation of, respectively, the Commission and the Court, and Section V contained various concluding provisions. Many of the Articles in Section I are structured in two paragraphs: the first sets out a basic right or freedom (such as Article 2(1) – the right to life) but the second contains various exclusions, exceptions or limitations on the basic right (such as Article 2(2) – which excepts certain uses of force leading to death).


Article 1 – respecting rights

Article 1 simply binds the signatory parties to secure the rights under the other Articles of the Convention "within their jurisdiction". In exceptional cases, "jurisdiction" may not be confined to a Contracting State's own national territory; the obligation to secure Convention rights then also extends to foreign territories, such as occupied land in which the State exercises effective control. In ''
Loizidou v Turkey ''Loizidou v. Turkey'' is a landmark legal case regarding the rights of Cypriot refugees, refugees wishing to right of return, return to their former homes and properties. The European Court of Human Rights ruled that Titina Loizidou, and consequent ...
'', the
European Court of Human Rights European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Human Rights
ruled that jurisdiction of member states to the convention extended to areas under that state's effective control as a result of military action.


Article 2 – life

Article 2 protects the right of every person to their life. The right to life extends only to human beings, not to animals,Korff, Douwe (November 2006). "The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights". ''Human Rights Handbook'' No. 8. Council of Europe. p. 10 or to "legal persons" such as corporations. In '' Evans v United Kingdom'', the Court ruled that the question of whether the right to life extends to a human embryo fell within a state's
margin of appreciation The margin of appreciation (or margin of state discretion) is a legal doctrine with a wide scope in international human rights law. It was developed by the European Court of Human Rights, to judge whether a state party to the European Convention on ...
. In ''Vo v France'', the Court declined to extend the right to life to an unborn child, while stating that "it is neither desirable, nor even possible as matters stand, to answer in the abstract the question whether the unborn child is a person for the purposes of Article 2 of the Convention". The Court has ruled that states have three main duties under Article 2: # a duty to refrain from unlawful killing, # a duty to investigate suspicious deaths, and # in certain circumstances, a positive duty to prevent foreseeable loss of life. The first paragraph of the article contains an exception for
lawful execution
lawful execution
s, although this exception has largely been superseded by Protocols 6 and 13. Protocol 6 prohibits the imposition of the death penalty in peacetime, while Protocol 13 extends the prohibition to all circumstances. (For more on Protocols 6 and 13, see
below Below may refer to: *Earth *Ground (disambiguation) *Soil *Floor *Bottom (disambiguation) *Less than *Temperatures below freezing *Hell or underworld People with the surname *Fred Below (1926–1988), American blues drummer *Fritz von Below (1853 ...
). The second paragraph of Article 2 provides that death resulting from defending oneself or others, arresting a suspect or fugitive, or suppressing riots or insurrections, will not contravene the Article when the use of force involved is "no more than absolutely necessary". Signatory states to the Convention can only derogate from the rights contained in Article 2 for deaths which result from lawful acts of war. The European Court of Human Rights did not rule upon the right to life until 1995, when in ''
McCann and Others v United Kingdom #REDIRECT McCannMcCann may refer to: * McCann (surname) * McCann (company), advertising agency * McCann Worldgroup, network of marketing and advertising agencies * McCann, California * Marist College athletic facilities ** McCann Arena ** James J. ...
'' it ruled that the exception contained in the second paragraph does not constitute situations when it is permitted to kill, but situations where it is permitted to use force which might result in the deprivation of life.


Article 3 – torture

Article 3 prohibits
torture Torture is the deliberate infliction of severe pain or suffering Suffering, or pain in a broad sense, may be an experience of unpleasantness and aversion associated with the perception of harm or threat of harm in an individual. Suffering i ...

torture
and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right. This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The Court has emphasized the fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of a victim's conduct". The Court has also held that states cannot deport or
extradite Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in moder ...
individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state. The first case to examine Article 3 was the Greek case, which set an influential precedent. In '' Ireland v. United Kingdom'' (1979–1980) the Court ruled that the five techniques developed by the United Kingdom ( wall-standing,
hooding Hooding is the placing of a hood over the entire head of a prisoner. Hooding is widely considered to be a form of torture Torture (from Latin language, Latin ''tortus'': to twist, to torment) is the act of deliberately inflicting severe physica ...
,
subjection to noise
subjection to noise
, deprivation of sleep, and
deprivation of food and drink
deprivation of food and drink
), as used against fourteen detainees in Northern Ireland by the United Kingdom were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture". In ''Aksoy v. Turkey'' (1997) the Court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back. ''Selmouni v. France'' (2000) the Court has appeared to be more open to finding states guilty of torture ruling that since the Convention is a "living instrument", treatment which it had previously characterized as inhuman or degrading treatment might in future be regarded as torture. In 2014, after new information was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers, the
Irish Government , image = , date = , state = Ireland Ireland (; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, North Atlantic. It is separated from Great Britain to its ...
asked the European Court of Human Rights to review its judgement. In 2018, by six votes to one, the Court declined.


Article 4 – servitude

Article 4 prohibits
slavery Slavery and enslavement are both the state and the condition of being a slave, who is someone forbidden to quit their service for an enslaver, and who is treated by the enslaver as their property Property is a system of rights that give ...
, servitude and
forced labour Forced labour, or unfree labour, is any work relation, especially in modern Modern may refer to: History *Modern history Human history, also known as world history, is the description of humanity's past. It is informed by archaeolog ...
but exempts labour: * done as a normal part of imprisonment, * in the form of
compulsory military service Conscription, sometimes called the draft in the United States, is the mandatory enlistment of people in a national service National service is a system of either compulsory or voluntary government service, usually military service. Conscription ...

compulsory military service
or work done as an alternative by conscientious objectors, * required to be done during a
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state duri ...
, and * considered to be a part of a person's normal "civic obligations".


Article 5 – liberty and security

Article 5 provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept – security of the person has not been subject to separate interpretation by the Court. Article 5 provides the right to
liberty Broadly speaking, liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom Freedom, generally, is having the ability to act or change withou ...

liberty
, subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides those arrested with the right to be informed, in a language they understand, of the reasons for the arrest and any charge they face, the right of prompt access to judicial proceedings to determine the legality of the arrest or detention, to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article. * ''Assanidze v. Georgia'', App. No. 71503/01 (Eur. Ct. H.R. 8 April 2004)


Article 6 – fair trial

Article 6 provides a detailed
right to a fair trial A trial which is observed by a judge without being partial is a fair trial. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights The Universal Declaration of Human ...
, including the right to a
public hearing In law, a hearing is a proceeding In academia and librarianship, conference proceeding is a collection of academic paper Academic publishing is the subfield of publishing which distributes academic research and scholarship. Most academic w ...
before an independent and impartial tribunal within reasonable time, the
presumption of innocence The presumption of innocence is a legal principle A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent A precedent is a principle or rule established in a previous legal case A legal c ...
, and other minimum rights for those charged with a criminal offence (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). The majority of convention violations that the court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in
Italy Italy ( it, Italia ), officially the Italian Republic ( it, Repubblica Italiana, links=no ), is a country consisting of a peninsula delimited by the Alps The Alps ; german: Alpen ; it, Alpi ; rm, Alps; sl, Alpe ) are the highest ...

Italy
and
France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several large landmasses ...

France
. Under the "independent tribunal" requirement, the court has ruled that military judges in Turkish state security courts are incompatible with Article 6. In compliance with this Article, Turkey has now adopted a law abolishing these courts. Another significant set of violations concerns the "confrontation clause" of Article 6 (i.e. the right to examine witnesses or have them examined). In this respect, problems of compliance with Article 6 may arise when national laws allow the use in evidence of the testimonies of absent, anonymous and vulnerable witnesses. *'' Steel v. United Kingdom'' (1998) 28 EHRR 603 *'' Assanidze v. Georgia''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
ECHR 140 *'' Othman (Abu Qatada) v. United Kingdom'' (2012) –
Abu Qatada Abu Qatada al-Filistini ( ; ar, أبو قتادة الفلسطيني, ''’Abū Qatāda al-Filisṭīnī he Palestinian'), born Omar Mahmoud Othman ( ar, عمر بن محمود بن عثمان ''‘Umar ibn Maḥmūd ibn ‘Uṯmān'') in 195 ...
could not be deported to Jordan as that would be a violation of Article 6 "given the real risk of the admission of evidence obtained by torture". This was the first time the court ruled that such an expulsion would be a violation of Article 6.


Article 7 – retroactivity

Article 7 prohibits the retroactive criminalisation of acts and omissions. No person may be punished for an act that was not a criminal offence at the time of its commission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under domestic law at the time, so long as it was prohibited by
international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a community A community is a social unitThe term "level of anal ...
. The Article also prohibits a heavier penalty being imposed than was applicable at the time when the criminal act was committed. Article 7 incorporates the legal principle '' nullum crimen, nulla poena sine lege'' into the convention. Relevant cases are: *'' Kokkinakis v. Greece''
993 Year 993 ( CMXCIII) was a common year starting on Sunday A common year starting on Sunday is any non-leap year A leap year (also known as an intercalary year or wikt:bissextile, bissextile year) is a calendar year that contains an addition ...
ECHR 20 *'' S.A.S. v. France''
014 014 may refer to: * Argus As 014 The Argus As 014 (designated 109-014 by the RLM) was a pulsejet engine used on the German V-1 flying bomb of World War II, and the first model of pulsejet engine placed in mass production. License manufacture of ...

014
ECHR 69


Article 8 – privacy

Article 8 provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This article clearly provides a right to be free of unlawful searches, but the Court has given the protection for "private and family life" that this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. There have been cases discussing consensual familial sexual relationships, and how the criminalisation of this may violate this article. However, the ECHR still allows such familial sexual acts to be criminal. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted a somewhat broad interpretation of the
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, en ...
. Furthermore, Article 8 sometimes comprises
positive obligationsPositive obligations in human rights law denote a State's Obligation (law), obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rig ...
: whereas classical human rights are formulated as prohibiting a State from interfering with rights, and thus ''not'' to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the State to become active, and to ''do'' something (e.g. to enforce access for a divorced parent to his/her child). Notable cases: * '' Zakharov v. Russia''
015 Fifteen or 15 may refer to: *15 (number) 15 (fifteen) is a number, numeral, and glyph. It is the natural number following 14 and preceding 16. Mathematics 15 is: * a lucky number In number theory Number theory (or arithmetic or higher ...
EHCR 47143/06 * '' Malone v. United Kingdom''
984 Year 984 ( CMLXXXIV) was a leap year starting on Tuesday A leap year starting on Tuesday is any year with 366 days (i.e. it includes 29 February) that begins on Tuesday, 1 January, and ends on Wednesday, 31 December. Its dominical letters hence ...
ECHR 10, (1984) 7 EHRR 14 *'' Oliari and Others v. Italy'' (2015)


Article 9 – conscience and religion

Article 9 provides a right to
freedom of thought Freedom of thought (also called freedom of conscience or ideas) is the freedom Freedom, generally, is having the ability to act or change without constraint. Something is "free" if it can change easily and is not constrained in its prese ...
, conscience and
religion Religion is a social Social organisms, including humans, live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary/involuntary. Etymology ...
. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Relevant cases are: *'' Kokkinakis v. Greece''
993 Year 993 ( CMXCIII) was a common year starting on Sunday A common year starting on Sunday is any non-leap year A leap year (also known as an intercalary year or wikt:bissextile, bissextile year) is a calendar year that contains an addition ...
ECHR 20 *'' Universelles Leben e.V. v. Germany''
996 Year 996 (Roman numerals, CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – King Otto III starts his first expedition to Kingdom of Italy ...
(app. no. 29745/96) *'' Buscarini and Others v. San Marino''
999 999 or triple nine most often refers to: * 999 (emergency telephone number) 250px, A sign on a beach in the coastguard in the event of an emergency">HM_Coastguard.html" ;"title="Whitstable, United Kingdom, advising readers to dial 999 and to re ...
ECHR 7 *''Pichon and Sajous v. France'' 001ECHR 898 *'' Leyla Şahin v. Turkey''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
ECHR 299 *'' Leela Förderkreis E.V. and Others v. Germany''
008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...
ECHR *'' Lautsi v. Italy''
011 An international call prefix or dial out code is a trunk prefix A trunk prefix is a digit sequence to be dialed before a telephone number to initiate a telephone call A telephone call is a connection over a telephone network between the called ...
ECHR 2412 *'' S.A.S. v. France''
014 014 may refer to: * Argus As 014 The Argus As 014 (designated 109-014 by the RLM) was a pulsejet engine used on the German V-1 flying bomb of World War II, and the first model of pulsejet engine placed in mass production. License manufacture of ...

014
ECHR 695 *'' Eweida v. United Kingdom''
013 013 is a music venue in Tilburg Tilburg () is a List of cities in the Netherlands by province, city and List of municipalities of the Netherlands, municipality in the Netherlands, in the southern Provinces of the Netherlands, province of North ...

013
ECHR 2013


Article 10 – expression

Article 10 provides the right to
freedom of expression Freedom of speech is a principle that supports the freedom Freedom, generally, is having the ability to act or change without constraint. Something is "free" if it can change easily and is not constrained in its present state. In philosop ...
, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas, but allows restrictions for: * interests of national security * territorial integrity or public safety * prevention of disorder or crime * protection of health or morals * protection of the reputation or the rights of others * preventing the disclosure of information received in confidence * maintaining the authority and impartiality of the judiciary Relevant cases are: *'' Lingens v. Austria'' (1986) 8 EHRR 407 *''The Observer and The Guardian v. United Kingdom'' (1991) 14 EHRR 153, the "
Spycatcher ''Spycatcher: The Candid Autobiography of a Senior Intelligence Officer'' (1987) is a memoir written by Peter Wright, former MI5 officer and Assistant Director, and co-author Paul Greengrass Paul Greengrass (born 13 August 1955) is a Briti ...
" case. *'' Bowman v. United Kingdom'' [1998
ECHR 4
(1998) 26 EHRR 1, distributing vast quantities of anti-abortion material in contravention of election spending laws *''Communist Party v. Turkey'' (1998) 26 EHRR 1211 *''Appleby v. United Kingdom'' (2003) 37 EHRR 38, protests in a private shopping centre


Article 11 – association

Article 11 protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". *''Vogt v. Germany'' (1995) *''Yazar, Karatas, Aksoy and Hep v. Turkey'' (2003) 36 EHRR 59 *''Bączkowski v. Poland'' (2005)


Article 12 – marriage

Article 12 provides a right for women and men of
marriageable age Marriageable age (or marriage age) is the general age, as a legal age or as the minimum age subject to parental, religious or other forms of social acceptance, social approval, at which a person is legitimately allowed for marriage. Age and othe ...
to
marry Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A spouse is a significant other in a marriage (in certain contexts, it can also apply to a civil union or comm ...
and establish a family. Despite a number of invitations, the Court has so far refused to apply the protections of this article to
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage in Stockholm Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A religious marriage. A spo ...
. The Court has defended this on the grounds that the article was intended to apply only to different-sex marriage, and that a wide margin of appreciation must be granted to parties in this area. In '' Goodwin v. United Kingdom'' the Court ruled that a law which still classified post-operative
transsexual Transsexuals are people who experience a gender identity Gender identity is the personal sense of one's own gender Gender is the range of characteristics pertaining to, and differentiating between femininity Femininity (also calle ...

transsexual
persons under their pre-operative sex violated article 12 as it meant that transsexual persons were unable to marry individuals of their post-operative opposite sex. This reversed an earlier ruling in ''Rees v. United Kingdom''. This did not, however, alter the Court's understanding that Article 12 protects only different-sex couples. The European Court of Human Rights ruled in '' Schalk and Kopf v. Austria'' that countries are not required to provide marriage licenses for same-sex couples; however, if a country allows same-sex couple marriage it must be done under the same conditions that opposite-sex couples marriage face, in order to prevent a breach of article 14 – the prohibition of discrimination. Additionally, the court ruled in the 2015 case of '' Oliari and Others v. Italy'' that states have a positive obligation to ensure there is a specific legal framework for the recognition and protection of same-sex couples.


Article 13 – effective remedy

Article 13 provides for the right for an effective legal remedy, remedy before national authorities for violations of rights under the Convention. The inability to obtain a remedy before a national court for an infringement of a Convention right is thus a free-standing and separately actionable infringement of the Convention.


Article 14 – discrimination

Article 14 contains a prohibition of discrimination. This prohibition is broad in some ways and narrow in others. It is broad in that it prohibits discrimination under a potentially unlimited number of grounds. While the article specifically prohibits discrimination based on "sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or other status", the last of these allows the court to extend to Article 14 protection to other grounds not specifically mentioned such as has been done regarding discrimination based on a person's sexual orientation. At the same time, the article's protection is limited in that it only prohibits discrimination with respect to rights under the Convention. Thus, an applicant must prove discrimination in the enjoyment of a specific right that is guaranteed elsewhere in the Convention (e.g. discrimination based on sex – Article 14 – in the enjoyment of the right to freedom of expression – Article 10). Protocol 12 extends this prohibition to cover discrimination in any legal right, even when that legal right is not protected under the Convention, so long as it is provided for in national law.


Article 15 – derogations

Article 15 allows contracting states to Derogation, derogate from certain rights guaranteed by the Convention in a time of "war or other public emergency threatening the life of the nation". Permissible derogations under article 15 must meet three substantive conditions: # there must be a public emergency threatening the life of the nation; # any measures taken in response must be "strictly required by the exigencies of the situation"; and # the measures taken in response to it must be in compliance with a state's other obligations under international law. In addition to these substantive requirements, the derogation must be procedurally sound. There must be some formal announcement of the derogation and notice of the derogation and any measures adopted under it, and the ending of the derogation must be communicated to the Secretary-General of the Council of Europe. As of 2016, eight member states had ever invoked derogations. The Court is quite permissive in accepting a state's derogations from the Convention but applies a higher degree of scrutiny in deciding whether measures taken by states under a derogation are, in the words of Article 15, "strictly required by the exigencies of the situation". Thus in ''A v United Kingdom'', the Court dismissed a claim that a derogation lodged by the British government in response to the September 11 attacks was invalid, but went on to find that measures taken by the United Kingdom under that derogation were disproportionate. Examples of such derogations include: * In the 1969 Greek case, the European Commission of Human Rights ruled that the derogation was invalid because the alleged Communist subversion did not pose a sufficient threat. This is the only time to date that the Convention system has rejected an attempted derogation. * Operation Demetrius—Internees arrested without trial pursuant to "Operation Demetrius" could not complain to the European Commission of Human Rights about breaches of Article 5 because on 27 June 1975, the UK lodged a notice with the Council of Europe declaring that there was a "public emergency within the meaning of Article 15(1) of the Convention".


Article 16 – foreign parties

Article 16 allows states to restrict the political activity of foreigners. The Court has ruled that European Union member states cannot consider the nationals of other member states to be aliens.


Article 17 – abuse of rights

Article 17 provides that no one may use the rights guaranteed by the Convention to seek the abolition or limitation of rights guaranteed in the Convention. This addresses instances where states seek to restrict a human right in the name of another human right, or where individuals rely on a human right to undermine other human rights (for example where an individual issues a death threat). *''Communist Party of Germany v. the Federal Republic of Germany'' (1957), the Commission refused to consider the appeal by the Communist Party of Germany, stating that the communist doctrine advocated by them is incompatible with the convention, citing article 17's limitations on the rights to the extent necessarily to prevent their subversion by adherents of a totalitarian doctrine.


Article 18 – permitted restrictions

Article 18 provides that any limitations on the rights provided for in the Convention may be used only for the purpose for which they are provided. For example, Article 5, which guarantees the right to personal freedom, may be explicitly limited in order to bring a suspect before a judge. To use pre-trial detention as a means of intimidation of a person under a false pretext is, therefore, a limitation of right (to freedom) which does not serve an explicitly provided purpose (to be brought before a judge), and is therefore contrary to Article 18.


Convention protocols

, fifteen protocols to the Convention have been opened for signature. These can be divided into two main groups: those amending the framework of the convention system, and those expanding the rights that can be protected. The former require unanimous ratification by member states before coming into force, while the latter require a certain number of states to sign before coming into force.


Protocol 1

This Protocol contains three different rights which the signatories could not agree to place in the Convention itself. Monaco and Switzerland have signed but never ratified Protocol 1.


Article 1 – property

Article 1 ("A1P1") provides that "every natural or legal person is entitled to the Right to property, peaceful enjoyment of his possessions". The
European Court of Human Rights European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Human Rights
acknowledged a violation of the fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights, also, in the uncertainty – for the owner – about the future of the property, and in the absence of an allowance.


Article 2 – education

Article 2 provides for the right not to be denied an education and the freedom of education, right for parents to have their children educated in accordance with their religious and other views. It does not however guarantee any particular level of education of any particular quality. Although phrased in the Protocol as a negative right, in ''Leyla Şahin v. Turkey, Şahin v. Turkey'' the Court ruled that:


Article 3 – elections

Article 3 provides for the right to elections performed by secret ballot, that are also free and that occur at regular intervals. *''Matthews v. United Kingdom'' (1999) 28 EHRR 361


Protocol 4 – civil imprisonment, free movement, expulsion

Article 1 prohibits the imprisonment of people for inability to fulfil a contract. Article 2 provides for a freedom of movement, right to freely move within a country once lawfully there and for a right to leave any country. Article 3 prohibits the expulsion of nationals and provides for the right of an individual to enter a country of their nationality. Article 4 prohibits the collective expulsion of foreigners. Turkey and the United Kingdom have signed but never ratified Protocol 4. Greece and Switzerland have neither signed nor ratified this protocol. The United Kingdom's failure to ratify this protocol is due to concerns over the interaction of Article 2 and Article 3 with British nationality law. Specifically, several classes of "British national" (such as British National (Overseas)) do not have the right of abode in the United Kingdom and are subject to immigration control there. In 2009, the UK government stated that it had no plans to ratify Protocol 4 because of concerns that those articles could be taken as conferring that right.


Protocol 6 – restriction of death penalty

Requires parties to restrict the application of the Capital punishment, death penalty to times of war or "imminent threat of war". Every Council of Europe member state has signed and ratified Protocol 6, except Russia, which has signed but not ratified.


Protocol 7 – crime and family

*Article 1 provides for a right to fair trial, right to fair procedures for permanent residency, lawfully resident foreigners facing expulsion. *Article 2 provides for the right to appeal in criminal matters. *Article 3 provides for compensation for the victims of miscarriages of justice. *Article 4 prohibits the re-trial of anyone who has already been finally acquitted or convicted of a particular offence (Double jeopardy). *Article 5 provides for equality between spouses. Despite having signed the protocol more than thirty years ago Germany and the Netherlands have never ratified it. Turkey, which signed the protocol in 1985, ratified it in 2016, becoming the latest member state to do so. The United Kingdom has neither signed nor ratified the protocol.


Protocol 12 – discrimination

Applies the current expansive and indefinite grounds of prohibited discrimination in #Article 14 – prohibition of discrimination, Article 14 to the exercise of any legal right and to the actions (including the obligations) of public authorities. The Protocol entered into force on 1 April 2005 and has () been ratified by 20 member states. Several member states—Bulgaria, Denmark,
France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several large landmasses ...

France
, Lithuania, Monaco, Poland, Sweden, Switzerland, and the United Kingdom—have not signed the protocol. The United Kingdom government has declined to sign Protocol 12 on the basis that they believe the wording of protocol is too wide and would result in a flood of new cases testing the extent of the new provision. They believe that the phrase "rights set forth by law" might include international conventions to which the UK is not a party, and would result in incorporation of these instruments by stealth. It has been suggested that the protocol is therefore in a catch-22 (logic), catch-22, since the UK will decline to either sign or ratify the protocol until the
European Court of Human Rights European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western ...

European Court of Human Rights
has addressed the meaning of the provision, while the court is hindered in doing so by the lack of applications to the court concerning the protocol caused by the decisions of Europe's most populous states—including the UK—not to ratify the protocol. The UK government, nevertheless, stated in 2004 that it "agrees in principle that the ECHR should contain a provision against discrimination that is free-standing and not parasitic on the other Convention rights".2004 UK Government's position
The first judgment that found a violation of Protocol No. 12, ''Sejdić and Finci v. Bosnia and Herzegovina'', was delivered in 2009.


Protocol 13 – complete abolition of death penalty

Protocol 13 provides for the total abolition of the death penalty. Currently all Council of Europe member states but three have ratified Protocol 13. Armenia has signed but not ratified the protocol. Russia and Azerbaijan have not signed it.


Procedural and institutional protocols

The Convention's provisions affecting institutional and procedural matters have been altered several times by means of protocols. These amendments have, with the exception of Protocol 2, amended the text of the convention. Protocol 2 did not amend the text of the convention as such but stipulated that it was to be treated as an integral part of the text. All of these protocols have required the unanimous ratification of all the member states of the Council of Europe to enter into force.


Protocol 11

Protocols 2, 3, 5, 8, 9 and 10 have now been superseded by Protocol 11 which entered into force on 1 November 1998. It established a fundamental change in the machinery of the convention. It abolished the Commission, allowing individuals to apply directly to the Court, which was given compulsory jurisdiction and altered the latter's structure. Previously states could ratify the Convention without accepting the jurisdiction of the Court of Human Rights. The protocol also abolished the judicial functions of the Committee of Ministers.


Protocol 14

Protocol 14 follows on from Protocol 11 in proposing to further improve the efficiency of the Court. It seeks to "filter" out cases that have less chance of succeeding along with those that are broadly similar to cases brought previously against the same member state. Furthermore, a case will not be considered admissible where an applicant has not suffered a "significant disadvantage". This latter ground can only be used when an examination of the application on the merits is not considered necessary and where the subject-matter of the application had already been considered by a national court. A new mechanism was introduced by Protocol 14 to assist enforcement of judgements by the Committee of Ministers. The Committee can ask the Court for an interpretation of a judgement and can even bring a member state before the Court for non-compliance of a previous judgement against that state. Protocol 14 also allows for European Union Relationship between the European Court of Justice and European Court of Human Rights#EU accession to ECHR, accession to the Convention.See Article 17 of th
Protocol No. 14
amending Article 59 of the Convention.
The protocol has been ratified by every Council of Europe member state, Russia being last in February 2010. It entered into force on 1 June 2010. A provisional Protocol 14bis had been opened for signature in 2009. Pending the ratification of Protocol 14 itself, 14bis was devised to allow the Court to implement revised procedures in respect of the states which have ratified it. It allowed single judges to reject manifestly inadmissible applications made against the states that have ratified the protocol. It also extended the competence of three-judge chambers to declare applications made against those states admissible and to decide on their merits where there already is a well-established case law of the Court. Now that all Council of Europe member states have ratified Protocol 14, Protocol 14bis has lost its ''raison d'être'' and according to its own terms ceased to have any effect when Protocol 14 entered into force on 1 June 2010.


See also

*Strasbourg Observers *Capital punishment in Europe *Charter of Fundamental Rights of the European Union *European Social Charter *Human Rights Act 1998 for how the Convention has been incorporated into the law of the United Kingdom. *Human rights in Europe *Territorial scope of European Convention on Human Rights *European Convention on Human Rights Act 2003 Irish Act similar to the British Human Rights Act 1998. *International Institute of Human Rights *United Kingdom constitutional law


Notes


Further reading

* * * * * *Kälin W., Künzli J. (2019). The Law of International Human Rights Protection. .


External links


Official text of the European Convention on Human RightsProtocols to the Convention for the Protection of Human Rights and Fundamental Freedoms

Database of European Human Rights Court (Strasbourg) judgments
* {{DEFAULTSORT:European Convention on Human Rights European Convention on Human Rights, Human rights instruments Council of Europe treaties, Convention on Human Rights Treaties concluded in 1950 Treaties entered into force in 1953 Treaties of Albania Treaties of Andorra Treaties of Armenia Treaties of Austria Treaties of Azerbaijan Treaties of Belgium Treaties of Bosnia and Herzegovina Treaties of Bulgaria Treaties of Croatia Treaties of Cyprus Treaties of the Czech Republic Treaties of Denmark Treaties of Estonia Treaties of Finland Treaties of France Treaties of Georgia (country) Treaties of West Germany Treaties of Greece Treaties of Hungary Treaties of Iceland Treaties of Ireland Treaties of Italy Treaties of Latvia Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties of Malta Treaties of Moldova Treaties of Monaco Treaties of Montenegro Treaties of the Netherlands Treaties of Norway Treaties of Poland Treaties of Portugal Treaties of Romania Treaties of Russia Treaties of San Marino Treaties of Serbia and Montenegro Treaties of Slovakia Treaties of Slovenia Treaties of Spain Treaties of Sweden Treaties of Switzerland Treaties of North Macedonia Treaties of Turkey Treaties of Ukraine Treaties of the United Kingdom 1950 in Italy 1950s in Rome Anti–death penalty treaties