Rights and Freedoms
LexInter | July 21, 2020 | 0 Comments

Rights and Freedoms

Rights and freedoms
Title I

 Article 2 – Right to life 
1. The right of everyone to life is protected by law. Death may not be inflicted on anyone intentionally, except in execution of a death sentence pronounced by a court in the event that the offense is punishable by this penalty by law.
2. Death is not considered to have been inflicted in violation of this article in cases where it would result from a use of force made absolutely necessary:
a. to defend everyone against unlawful violence;
b. to effect a lawful arrest or to prevent the escape of a person lawfully detained;
vs. to suppress, in accordance with the law, a riot or an insurrection.


 Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.


 Article 4 – Prohibition of slavery and forced labor 1. No one shall be held in slavery or in servitude. 2. No one may be required to perform forced or compulsory labor. 3. The following shall not be considered “forced or compulsory labor” within the meaning of this article:a. any work normally required of a person subject to detention under the conditions provided for in Article 5 of this Convention, or during his release on parole; b. any service of a military nature or, in the case of conscientious objectors in countries where conscientious objection is recognized as legitimate, to other service instead of compulsory military service;

vs. any service required in the event of crises or calamities threatening the life or well-being of the community;
d. any work or service that forms part of normal civic obligations.



 Article 5 – Right to liberty and security
1. Everyone has the right to liberty and security. No one may be deprived of their liberty, except in the following cases and according to legal means:
a. if he is lawfully detained after conviction by a competent court;
b. if he has been the subject of lawful arrest or detention for disobeying an order made, in accordance with law, by a court or in order to secure the fulfillment of an obligation prescribed by law;
vs. if he has been arrested and detained with a view to being brought before the competent judicial authority, when there are plausible reasons to suspect that he has committed an offense or there are reasonable grounds to believe in the need to prevent him from committing an offense or fleeing after it has been committed;
d. if it concerns the regular detention of a minor, decided for his supervised education or his regular detention, in order to bring him before the competent authority;
e. if it is the lawful detention of a person likely to spread a contagious disease, of an insane person, of an alcoholic, of a drug addict or of a vagrant;
f. if it concerns the lawful arrest or detention of a person to prevent him from entering the territory illegally, or against whom deportation or extradition proceedings are pending.
2. Anyone arrested must be informed promptly and in a language which he understands, of the reasons for his arrest and of any charges brought against him.
3.Any person arrested or detained, under the conditions provided for in paragraph 1.c of this article, must immediately be brought before a judge or other magistrate authorized by law to exercise judicial functions and has the right to be tried within a period of time. reasonable, or released during the procedure. Release may be subject to a guarantee ensuring the appearance of the person concerned at the hearing.
4. Anyone deprived of his liberty by arrest or detention has the right to lodge an appeal with a court, so that it can rule promptly on the legality of his detention and order his release if the detention is unlawful.
5. Anyone who is the victim of an arrest or detention in conditions contrary to the provisions of this article has the right to compensation.

 Article 6 – Right to a fair trial
1.Everyone has the right to have their cause heard fairly, publicly and within a reasonable time, by an independent and impartial tribunal, established by law, which will decide either on disputes over their civil rights and obligations, or on property. -based on any criminal charge directed against it. The judgment must be rendered publicly, but access to the courtroom may be prohibited for the press and the public during all or part of the trial in the interest of morality, public order or public order. national security in a democratic society, when the interests of minors or the protection of the privacy of the parties to the proceedings so require, or to the extent deemed strictly necessary by the court,
2. Anyone charged with an offense is presumed innocent until proven guilty by law.
3. Every accused person has the right in particular to:
a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
b. have the time and facilities necessary for the preparation of his defense;
vs. defend himself or have the assistance of a lawyer of his choice and, if he does not have the means to pay a lawyer, be able to be assisted free of charge by a court-appointed lawyer, when the interests of justice require it;
d. examine or have examined witnesses against him and obtain the summons 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 7 – No punishment without law
1. No one may be condemned for an act or an omission which, at the time it was committed, did not constitute an offense under national or international law. Likewise, no more severe penalty is imposed than that which was applicable at the time when the offense was committed.
2. This article shall not affect the judgment and punishment of a person guilty of an act or omission which, at the time it was committed, was criminal according to the general principles of recognized law. by civilized nations.


 Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There can be interference by a public authority in the exercise of this right only insofar as such interference is provided for by law and constitutes a measure which, in a democratic society, is necessary for security. national, public safety, the economic well-being of the country, the defense of order and the prevention of criminal offenses, the protection of health or morals, or the protection of the rights and freedoms of other.


 Article 9 – Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right implies the freedom to change religion or belief, as well as the freedom to manifest one’s religion or belief individually or collectively, in public or in private, through worship, teaching, practices and the performance of rites .
2. The freedom to manifest one’s religion or beliefs may not be subject to any restrictions other than those which, provided for by law, constitute measures necessary, in a democratic society, for public security and for the protection of the human being. order, public health or morals, or the protection of the rights and freedoms of others.


 Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right includes the freedom of opinion and the freedom to receive or impart information or ideas without interference from public authorities and regardless of frontiers. This article does not prevent States from subjecting broadcasting, film or television undertakings to a licensing regime. 2.

The exercise of these freedoms involving duties and responsibilities may be subject to certain formalities, conditions, restrictions or sanctions provided for by law, which constitute necessary measures, in a democratic society, for national security, for territorial integrity. or to public safety, to the defense of order and crime prevention, to the protection of health or morals, to the protection of the reputation or rights of others, to prevent the disclosure of confidential information or to guarantee the authority and impartiality of the judiciary.



 Article 11 – Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to form trade unions and to join trade unions with others. for the defense of its interests.
2.The exercise of these rights may not be subject to any restrictions other than those which, provided for by law, constitute measures necessary, in a democratic society, for national security, public safety, and the defense of human rights. ‘order and crime prevention, the protection of health or morals, or the protection of the rights and freedoms of others. This article does not prevent lawful restrictions being imposed on the exercise of these rights by members of the armed forces, the police or the administration of the State.


 Article 12 – Right to marriage From the age of marriage, men and women have the right to marry and to found a family according to the national laws governing the exercise of this right.



 Article 13 – Right to an effective remedy
Any person whose rights and freedoms recognized in this Convention have been violated, has the right to the granting of an effective remedy before a national body, even though the violation would have been committed by persons acting in the exercise of their official functions.


 Article 14 – Prohibition of discrimination
The enjoyment of the rights and freedoms recognized in this Convention must be ensured, without any distinction, based in particular on sex, race, color, language, religion, political opinions or any other opinions. , national or social origin, membership of a national minority, fortune, birth or any other situation.

 Article 15 – Derogation in the event of a state of emergency 
1. In the event of war or other public emergency threatening the life of the nation, any High Contracting Party may take measures derogating from the obligations provided for in this Convention, to the extent that the situation so requires and on condition that such measures do not conflict with other obligations under international law.
2. The preceding provision does not authorize any derogation from article 2, except in the case of death resulting from lawful acts of war, and from articles 3, 4 (paragraph 1) and 7.
3.Any High Contracting Party which exercises this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures taken and of the reasons which have inspired them. It must also inform the Secretary General of the Council of Europe of the date on which these measures ceased to be in force and the provisions of the Convention will again be fully applied.

 Article 16 – Restrictions on the political activity of foreigners
None of the provisions of Articles 10, 11 and 14 can be considered as preventing the High Contracting Parties from imposing restrictions on the political activity of foreigners.

 Article 17 – Prohibition of abuse of rights
None of the provisions of this Convention may be interpreted as implying for a State, a group or an individual, any right to engage in an activity or to perform an act aimed at the destruction of the rights or freedoms recognized in this Convention or to limitations of these rights and freedoms wider than those provided for in the said Convention.

 Article 18 – Limitation of the use of restrictions on rights
The restrictions which, under the terms of this Convention, are placed on such rights and freedoms may be applied only for the purpose for which they were intended.

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