Activity 3 helps you to revise the articles of the European Convention on Human Rights. Drawing on your previous knowledge and the information you have been provided with in this course, please download and print the PDF table below then complete the table by adding a brief summary of the human rights covered by each article.
You do not need to use the precise wording of the article and you may not be able to complete all the entries, but try and complete as many as you can. Click here [ Tip: hold Ctrl and click a link to open it in a new tab. Section I of the Convention sets out seventeen articles defining the fundamental rights and freedoms accorded under the European Convention on Human Rights.
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Article 2 covers the right to life. This did not originally prohibit the death penalty. Protocol 6 subsequently abolished the death penalty in times of peace. Protocol 13 abolished the death penalty in times of war and has yet to be ratified by the UK and provides an example of how the European Convention on Human Rights has responded to social and political change. As you may have seen in the case of Diane Pretty, the European Court of Human Rights ruled that there was no corollary right to die, either with the assistance of a third party or a public authority.
Article 3 covers the prohibition of torture.
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
Case law here has considered the use of hooding, deprivation of sleep, the use of prolonged assaults, deportation, and serious and prolonged mistreatment of children who were in local authority care. Article 4 covers the prohibition of slavery and forced labour. The court has rarely considered cases brought under Article 4 and no violation has ever been found.
Cases considered include individuals who have complained about the work they were required to do while they were in detention. Article 5 covers the right to liberty and security, and many cases have been considered in this area. It covers matters such as bail pending trial, the review of life sentences and parole, and the detention of terrorists or suspected terrorists. Article 6 covers the right to a fair trial. This is one of the fundamental principles of the European Convention on Human Rights as it relates to the fair administration of justice. Case law has covered the meaning of a criminal charge, access to legal advice, evidence and procedural impartiality.
Article 7 covers the right not to be punished without law. This requires that punishment can only follow from proper proceedings.
Article 8 covers the right to respect for family and private life. Article 9 covers freedom of thought, conscience and religion. Case law here has covered limitations on the practising of religion in prison. This right does not include a right to be free from criticism. Article 10 covers freedom of expression. Case law here has included injunctions against the printing of stories in newspapers, the seizure of film, the dissemination of information on abortion and pre-trial publicity.
Article 11 covers freedom of assembly and association.
- Protocols to the Convention.
- OHCHR | International standards.
- European Court of Human Rights (ECtHR) | Migration and Home Affairs.
Case law here has generally involved union membership, closed shops, and a ban on joining unions. Article 12 covers the right to marry. The court has always been reluctant to interfere with domestic laws that regulate marriage although it has done so recently in cases involving same sex couples, transsexuals and prisoners. Article 13 provides the right to an effective remedy.
The remedy of judicial review has been challenged under this article. This article was not included in the Human Rights Act Article 14 covers the prohibition of discrimination in relation to other rights laid down by the European Convention on Human Rights; it does not provide a right not to be discriminated against. Article 15 covers derogations in times of emergency. Derogations are permitted in limited circumstances — member states may derogate from their obligations in times of war or public emergency. It is not, however, possible for a state to derogate from Articles 2 except in lawful deaths resulting from acts of war , 3, 4 and 7.
European Convention on Human Rights | Summary, History, & Facts | sumesulca.tk
Article 16 provides for restrictions on political activity of aliens. This is often criticised as it seems contrary to the spirit of the European Convention on Human Rights and implies that it is acceptable to discriminate against a particular group. It is important to bear in mind that the above brief descriptions are simply the headings to the respective rights and freedoms.
It is necessary to look at the description of each of them as set out in the Convention to gain a clearer picture of what is encompassed within the particular right or freedom.
Furthermore, case law in the form of the decisions made by the European Court of Human Rights, which sits in Strasbourg, has further defined the application and scope of these articles. As a result it is not possible simply to think in terms of a breach of the article. It is also necessary to examine the substantial body of case law frequently referred to as the Strasbourg jurisprudence or the European Convention on Human Rights jurisprudence which has been built up over the years.
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