Legal help
using the Human Rights Act against environmental injustices and
human rights violations.
Protocol 1
Article 1, the Protection of Property
Every natural or legal person is entitled to the peaceful
enjoyment of his possessions. No one shall be deprived of his possessions
except in the public interest and subject to the conditions provided
for by law and by the general principles of international law.
The proceding provisions shall not, however, in any way impair the
right of a State to enforce such laws as it deems necessary to control
the use of property in accordance with the general interest or to
secure the payment of taxes or other contributions or penalities.
Property has a very wide meaning.
It can include shares, a pension, or contributory welfare benefits,
or even the right to sue someone.
Article 1, Protocol 1 provides that
neither the Government nor a public authority can deprive you of
your property unless the law states that it can and it is in the
public interest to do so. If you are deprived of property by the
state or a public authority you should be able to claim compensation.
Article 1 also states that the Government
or a public authority cannot interfere with your use of your property,
unless there is a law that allows it to do this and there is a good
reason for it. It does not, however, affect the right of the Government
or a public authority to force you to pay taxes or fines.
Article 2: Right to education
No person shall be denied the
right to education. In the exercise of any functions which it assumes
in relation to education and to teaching, the State shall respect
the right of parents to ensure such education and teaching in conformity
with their own religious and philosophical convictions.
This gives everyone the right to go
to school and the right to apply to university or college - but
it does not prevent schools and colleges choosing the people that
they will accept. The article states that the Government should
ensure that education is of a reasonable standard. This applies
to private as well as state schools.
The Article provides that the
Government and schools must respect the religious views and other
serious beliefs of a child's parents, but it does not give the right
to a particular type of education for their children.
Article 3: Right to free elections
The High Contracting Parties undertake
to hold free elections at reasonable intervals by secret ballot,
under conditions which will ensure the free expression of the opinion
of the people in the choice of the legislature.
The Article provides that the Government
must hold elections at reasonable intervals and that the elections
must be by secret ballot. It gives people the right to vote or to
stand in elections, although there are some restrictions on this
right. It does not say what type of election the Government should
use.
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Article 2: Right to life
1. 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.
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.
This provides that the Government and public authorities
must protect the right to life. This may require, for example, that
the police have to protect someone whose life is under immediate
threat. It could be used to argue that a patient should be able
to get treatment that would save their life.
In the situations listed in the second provision of
the Article - if someone dies the Government or public authority
(usually the police) will have to show that no more force was used
than was absolutely necessary. If they cannot show that they used
only as much force as was absolutely necessary, they will have broken
Article 2.
The article provides that there should be a proper
investigation when the police or army kill someone or when someone
dies in custody.
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Article 3: Prohibition of torture
No one shall be subjected to torture or inhuman or degrading
treatment or punishment.
The European Court of Human Rights has ruled that
inhuman or degrading treatment or punishment has to be very serious
to be in breach of Article 3. People have
used this article to argue that someone should not be deported to
a country where they are likely to be tortured. It could also be
used to argue that someone should not be deported to a country where
they are likely to be given an unfair prison sentence. Prisoners
or people held in hospital might use it if they are treated badly
or if the conditions in the prison or hospital are particularly
bad.
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Article 4: Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term 'forced or compulsory
labour' shall not include:
(a) any work required to be done in the ordinary course of detention
imposed according to the provisions of Article 5 of the Convention
or during conditional release from such detention;
(b) 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;
(c) any service exacted in case of an emergency or calamity threatening
the life or well-being of the community;
(d) any work or service which forms part of normal civic obligations.
This Article may mean that the courts will be able
to order someone to do community service only if they agree to it.
It could also be argued that Article 4 would be broken if someone's
benefit was taken away because he/she is refusing to take a job.
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Article 5: Right to liberty and security
1. 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 -
(a) the lawful detention of a person after conviction by a competent
court;
(b) 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;
(c) 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;
(d) 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;
(e) the lawful detention of persons for the prevention of the spreading
of infectious diseases, of persons of unsound mind, alcoholics and
drug addicts or vagrants;
(f) 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.
2. Everyone who is arrested shall be informed promptly, in a language
which he understands, of the reason for his arrest and of any charge
against him.
3. 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.
4. 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.
5. 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.
This limits the circumstances in
which someone can be detained and have their freedom taken away.
This covers detention for both long periods (for example, if you
are in prison or are forced to stay as a patient in a mental hospital)
and short periods (for example, if you are arrested). It may even
cover stop and search provisions.
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Article 6: Right to a fair
trial
1. 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.
2. Everyone charged with a criminal offence shall be presumed innocent
until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum
rights -
(a) to be informed promptly, in a language which he or she understands
and in detail, of the nature and cause of the accusation against
him;
(b) to have adequate time and facilities for the preparation of
his defence;
(c) 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;
(d) 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;
(e) to have the free assistance of an interpreter if he cannot understand
or speak the language used in court.'
Article 6 applies to both civil and criminal proceedings.
It provides that everyone has the right to a fair trial and sets
standards for the way that hearings should be conducted. You may
believe that you have not had a fair trial if you lose your case,
but Article 6 will only be broken if these standards have not been
met.
Criminal proceedings result from the comission of
an offence by an individual. Under Article 6, criminal proceedings
have a wider meaning than they usually have in English law, for
example, cases against people for contempt of court for non payment
of Concil Tax.
Article 6 covers civil cases involving disputes between
private parties or organisations. It may also cover disputes between
a private person or organisation and the Government or a public
authority.
Civil proceedings that are covered by Article 6 include
disputes about who the children of separated parents should live
with, and how much contact they should have. Other types of hearing,
such as employment tribunals and social security tribunals may also
be covered.
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Article 7: No punishment without law
1. 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.
2. This Article shall not prejudice the trial and punishment of
any person for any act or omission which, at the time it was committed,
was criminal according to the general law recognised by civilised
nations.
This article provides that noone can be tried and
found guilty of a criminal offence if what they did was not a criminal
offence when they did it. It also provides that you can't be punished
in a way that was not the law when you comitted the offence. Parliament
can't backdate a law that increases the length of time you could
be sent to prison for, or introduce a new punishment for an offence.
It also requires that the law must be clear so that
people know whether or not what they are doing is against the law.
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Article 8: Right to respect for private and family
life
1. Everyone has the right to his private
and family life, his home and his correspondence.
2. 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.
People have successfully used the private life part
of Article 8 to challenge the Government holding information about
them - for example, someone who had been in care has used it to
get information about his childhood.
'Family life' means your relationship with your close
family. This includes a man and woman who aren't married but who
live in a stable relationship. The Court in Strasbourg has not yet
recognised asame-sex couple as a family, but it may be that the
courts in this country will do so in the future.
People may use this part of Article 8 to argue that
they should be given medical help to get pregnant.
'Your home' means where you currently live. The right
to respect for your home does not mean that you have the right to
be given a home if you do not have one, or to be given a better
one than you already have.
'Your correspondence' means your phone calls and letters,
as well as e-mails. People have successfully used Article 8 to challenge
the police or secret services who have bugged their phones.
Article 8 is 'qualified right'. This means that it
can be broken in certain circumstances, but the Government or public
authority that has broken the right must show that they were justified
in doing this.
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Article 9: Freedom of thought, conscience and
religion
1. 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.
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 public order, health or morals, or for the protection
of the rights and freedoms of others.
This guarantees that you can think what you want and
can hold any religious belief. You cannot be forced to follow a
particular religion and cannot be stopped from changing your religion.
This includes beliefs such as veganism and pacifism.
This right is a 'qualified right' and it can be broken
in some circumstances. The Government or public authority who breaks
the right must show that their actions were in pursuit of the four
aims set out above, for example to protect the rights of others.
They must also show that breaking the right was 'necessary and proportionate'.
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Article 10: Freedom of expression
1. Everyone has the right of 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 these freedoms, 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 interests of national security,
territorial integrity or public safety, for the prevention of disorder
or 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.
This guarantees the right to pass information to other
people and to receive information that other people want to give
to you. It also guarantees the right to hold and express opinions
and ideas.
Journalists and publishers of newspapers or magazines
can use Article 10 to argue there should be no restrictions on what
they write about or publish. Artists and writers can use it to defend
themselves against censorship. Article 10 may be used to argue for
fewer restrictions on pornography.
This Article may also cover expressing yourself through
the way you look - how you dress or have your hair cut, for example
- though this may also be covered by Article 8.
Article 10 is a 'qualified right'.
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Article 11: Freedom of association and assembly
1. 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.
2. No restrictions shall be placed on the exercise of these rights
other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public
safety, 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. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed
forces, of the police or of the administration of the state.
This protects the right to protest peacefully by holding
meetings and demonstrations. It also means that the police may have
to act to protect people holding a meeting or demnostration from
anyone trying to stop it.
Article 11 protects the right to form or join a political
party or other group, and the right to belong to a trade union.
But the right to join a trade union doesn't include police officers,
soldiers and some other groups who work for the Government. Atticle
11 also guarantees the right not to have to join a union.
At the moment, English law allows the police to restrict
demonstrations or to ban them. Article 11 may be used to challenge
this.
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Article 12: Right to marry and found a family
Men and women of marriageable age shall have
the right to marry and to found a family, according to national
laws governing the exercise of this right.
At the moment this right does not include same-sex
couples or transgender people.
The right to 'found a family' may apply only to people
who are married. If it does, people who are not married will have
to rely on the right to respect for family life under Article 8
to argue for their right to have children.
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Article 13: Right to effective remedy
The right to an effective national remedy
(NB this Article is NOT included in the
Human Rights Act)
Everyone whose rights and freedoms as set forth in this Convention
are violated shall have an effective remedy before a national authority
notwithstanding that the violation has been committed by persons
acting in an official capacity.
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Article 14: Prohibition of discrimination
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.
The European Court of Human Rights has accepted that
the Article covers discrimination because someone is illegitimate,
unmarried, a prisoner, or gay or lesbian. It's also likely that
the courts will accept that this also covers discrimination against
someone because they are disabled.
Article 14 does not give general rights against discrimination,
but you can use it where another Article of the Convention is used.
For example, men who have been widowed have used Article 14 - together
with Protocol 1, Article 1 - to argue that benefits which were paid
to women when their husbands died should also be paid to men when
their wives have died.
Sometimes public authorities can justify discrimination
if there is a good reason for treating certain people differently.
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Article 15: Reservations and Derogations
Derogations. 14. - (1) In
this Act "designated derogation" means-
(a) the United Kingdom's derogation from Article 5(3) of the Convention;
and
(b) any derogation by the United Kingdom from an Article of the
Convention, or of any protocol to the Convention, which is designated
for the purposes of this Act in an order made by the Secretary of
State.
(2) The derogation referred to in subsection (1)(a) is set out in
Part I of Schedule 3.
(3) If a designated derogation is amended or replaced it ceases
to be a designated derogation.
(4) But subsection (3) does not prevent the Secretary of State from
exercising his power under subsection (1)(b) to make a fresh designation
order in respect of the Article concerned.
(5) The Secretary of State must by order make such amendments to
Schedule 3 as he considers appropriate to reflect-
(a) any designation order; or
(b) the effect of subsection (3).
(6) A designation order may be made in anticipation of the making
by the United Kingdom of a proposed derogation.
Reservations. 15. - (1) In this Act "designated
reservation" means-
(a) the United Kingdom's reservation to Article 2 of the First Protocol
to the Convention; and
(b) any other reservation by the United Kingdom to an Article of
the Convention, or of any protocol to the Convention, which is designated
for the purposes of this Act in an order made by the Secretary of
State.
(2) The text of the reservation referred to in subsection (1)(a)
is set out in Part II of Schedule 3.
(3) If a designated reservation is withdrawn wholly or in part it
ceases to be a designated reservation.
(4) But subsection (3) does not prevent the Secretary of State from
exercising his power under subsection (1)(b) to make a fresh designation
order in respect of the Article concerned.
(5) The Secretary of State must by order make such amendments to
this Act as he considers appropriate to reflect-
(a) any designation order; or
(b) the effect of subsection (3).
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Article 16: Restrictions on political activity
of aliens
Nothing in Articles 10, 11 and 14 shall be
regarded as preventing the High Contracting Parties from imposing
restrictions on the political activity of aliens.
Article 17: Prohibition of
abuse of rights
Nothing in this Convention may be interpreted
as implying for any State, group or person any right to engage in
any activity or perform any act aimed at the destruction of any
of the rights and freedoms set forth herein or at their limitation
to a greater extent than is provided for in the Convention.
Article 18: Limitation on use
of rights
The restrictions permitted under this Convention to the said
rights and freedoms shall not be applied for any purpose other than
those for which they have been prescribed.
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