Convention rights
Produced in partnership with Alexander Campbell of Field Court Chambers
Convention rights

The following Public Law guidance note Produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Convention rights
  • Introduction
  • Article 1: obligation to respect human rights
  • Article 2: right to life
  • Article 3: prohibition of torture
  • Article 4: prohibition of slavery and forced labour
  • Article 5: right to liberty and security
  • Article 6: right to a fair trial
  • Article 7: no punishment without law
  • Article 8: right to respect for private and family life
  • more

Introduction

The European Convention on Human Rights sets out the rights and freedoms which the contracting parties are required to respect. Some of the rights in the Convention are absolute meaning that they cannot be derogated from. Others are qualified, with the Convention specifying the circumstances in which those rights can lawfully be interfered with. The qualified rights are: Article 8 (privacy), Article 9 (religion), Article 10 (expression), Article 11 (association) and Article 1 of the First Protocol (property).

This Practice Note summarises the main Convention rights and the case law interpreting them.

Article 1: obligation to respect human rights

Article 1 requires the contracting parties to the Convention to secure the rights contained within it to everyone within their jurisdiction.

The concept of jurisdiction does not mean that the Convention rights must only be respected for people who are in the national territory of the state concerned. It has been held in Loizidou, that Article 1 extends the protection of the Convention to those who are within the effective control of a state by virtue of it carrying out military action abroad.

Article 2: right to life

Article 2 states that nobody shall be deprived of their life intentionally ‘save in the execution of a sentence of a court’ for which the death penalty is imposed. Subsequent to