©shk20011 the european convention on human rights presented by: sarah h kristoffersen llb. hons. ma

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The European Convention on Human Rights

Presented by:Sarah H Kristoffersen

LLB. Hons. MA.

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Precedents for the Convention:Precedents for the Convention:

England’s Magna Carta (1215) The Declaration of Independence

of the USA (1776) The French Declaration (1789) The Universal Declaration of

Human Rights (1948)

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”The first step for the collective enforcement of

certain of the rights stated in the Universal Declaration”

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The Convention was the first international legal instrument to guarantee the protection

of human rights

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The Council of Europe

It is an intergovernmental organisation and two of its aims are:

1. To protect human rights, pluralist democracy and the rule of law

2. To seek solutions to problems facing European society (discrimination against minorities, xenophobia, intolerance, environmental protection, human cloning, Aids, drugs, organised crime, etc.)

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Article F2 of the treaty of Maastricht

”The Union shall protect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental

Freedoms and as they result from the constitutional traditions common to the Member States as general principles of

Community Law”

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The Convention and its protocols guarantee the right to:

•Life, liberty and security of person

•A fair trial in civil and criminal matters

•Vote and be a candidate in elections

•Freedom of thought, conscience and religion

•Freedom of expression (including freedom of the media)

•Respect for property

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The Convention prohibits

•Torture and inhuman or degrading treatment or punishment

•The death penalty

•Discrimination

•Expulsion by a state of its own nationals or refusal to admit them

•Collective expulsion of aliens

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Albania Andorra Austria Belgium Bulgaria Croatia Cyprus Czeck rep. Denmark Estonia Finland France

Moldova Netherlands Norway Poland Portugal Romania Russia San Marino Slovakia Slovenia Sweden Macedonia Ukraine

Parties to the Convention:

Georgia Germany Greece Hungary Iceland Ireland Italy Latvia Liechtensta

in Lithuania Luxembour

g Malta

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Azerbaijan signed the Convention 2001-01-24

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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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Article 2

1. Everyone’s 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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Article 2 Case Law

•Cyprus v Turkey (1974)

•Mc Cann and others v UK (1995)

•Gölec v Turkey (1998)

•Xhavara v Italy and Albania (01)

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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 Europé the relevant provisions of that law.

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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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Article 3

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

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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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Article 3 Case Law

•Denmark, France,Norway,Sweden and the Netherlands v UK (1969)

•Ireland v UK (1978)

•The Greek Case

•Tyrer v UK (1978)

•Warwick v UK (1986)

•Campbell and Cosans V UK (1982)

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Article 3 Case Law

• Soering v UK (1989)

•Selmouni v France (1999)

•Assenov v Bulgaria (1998)

•A v UK

•Dulas v Turkey (01)

•JIN v Hungary (01)

•Aydin v Turkey

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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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Article 5 Case Law

• Brogan v UK (1988)

•Sakik and others v Turkey (1997)

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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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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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Articles 8 and 12 Case Law

• Norris v Ireland (1988)

• Cossey v UK (1990)

• Mc v Finland (2001)

•Klass and others V Fed. Rep of Germany (1978)

•Malone v UK (1984)

•Leander V Sweden (1987)

•Gaskin v UK (1989)

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• Goodwin v UK

• Abdulaziz, Cabales and Balkandali v UK ( 1985)

• Johnston and others v Ireland (1986)

• F v Switz (1987)

• Draper v UK (1985)

• Golder v UK (1975)

• Lustig (1999)

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• Goodwin v UK

• Abdulaziz, Cabales and Balkandali v UK ( 1985)

• Johnston and others v Ireland (1986)

• F v Switz (1987)

• Draper v UK (1985)

• Golder v UK (1975)

• Lustig (1999)

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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 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 the rights and freedoms of others.

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Article 9 Case Law

• Arrowsmith v UK (1978)

• Darby v Sweden (1989)

• Johnston v Ireland

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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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Article 10 Case Law

• Handyside v UK (1976)

• Müller v Switzerland (1988)

• Sunday Times V UK

• Lingens v Austria (1986)

• Opendoor Counselling Ltd V UK

• The Observer and Guardian V UK

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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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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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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 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 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 applicant’s costs

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The Task of the Committee of Ministers

•Takes general measures needed to prevent new violations- to order Governments to take specific measures such as amending laws which give rise to complaints.

•Makes sure that the just satisfaction awarded by the court is paid to the applicant or other measures taken (reopening of procedures, lifting a ban)

•States must also report to the Committee to show they have complied with the Court’s ruling

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ACHIEVEMENTS OF THE ECHR WITH REGARD TO THE UK

• 1982 legislation in Ireland – homosexual acts between consenting adults are no longer criminalized

• New law 1986 on regulating the interception of telephone calls

•Modifications to internal regulations in prisons.

• A new education act abolishing corporal punishment

•New recommendations on telephone tapping

• THE HUMAN RIGHTS ACT 1998

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THE SOCIAL CHARTER 1961(revised 1996)

• Employment rights- to work and vocational training, fair working conditions, fair and equal pay and to belong to a union and bargain collectively

•Social rights- to health protection, social security and social and medicakl assistance

•Special protection outside work- for migrant workers and their families, mothers and families, the handicapped and young and elderly

©shk20011 the european convention on human rights presented by: sarah h kristoffersen llb. hons. ma

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