The European Convention on Human Rights was drafted during early attempts to unify Europe after the Second World War. The Convention was an attempt to provide a basic standard human rights to the citizens of Europe. The United Kingdom signed the treaty in 1950 but until 2000 the treaty had no validity in the domestic law of the UK. 31 of the member states of the Council of Europe have ratified the Convention. The Convention is enforced and interpreted by the European Court of Human Rights in Strasbourg.

The Convention is interpreted in accordance with International Law. In particular the Convention is interpreted 'in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose.

The Court interprets the Convention in a dynamic way in light of present day conditions. Therefore the Court takes account of changes in society. The Court attempts to balance the needs of the community with the protection of individuals fundamental rights.

The Convention is split into discrete Articles as follows.

Article Two: The right to life.

Everyone has a right to life. This is the most basic right of all.

Cases under this Article are few but include killings in Northern Ireland and abortion questions.

Article Three: The freedom from torture.

The Article reads: 'No one shall be subjected to torture or to inhuman or degrading treatment or punishment.'

Inhuman treatment is a relative term and

'depends on all the circumstances of the case, such as the duration of the treatment, its physical or mental effects and, in some cases, the sex, age and state of health of the victim.'

Article Four: The freedom from slavery.

The article prevents slavery and forced or compulsory labour. Forced labour does not include National Service, normal prison work and sentences such as community service.

The Court has never found a breach of Article four.

Article Five: The right to liberty and security of the person.

No one should be dispossessed of his liberty in an arbitrary fashion. Detention is legal only where it is consistent with accepted European standards. Article five prevents the state from detaining someone without recourse to an review or appeal process.

Article Six: The right to a fair trial.

Everyone is entitled to a fair and public hearing within a reasonable time before an impartial and independent judge. The right to a fair trial includes both civil and criminal matters. The Article however ensures that those charged with a criminal offence must be informed, in understandable language, the case against him. Be given adequate facilities to prepare his defence. To be allowed a lawyer to defend him and if he cannot afford one to be given one free when it is in the interests of justice and to be allowed to examine witness's against him and call witness's on his own behalf.

Finally Article six provides that you are presumed innocent until proved guilty.

More than half of all the Convention cases are decided under Article Six.

Article Seven: Freedom from retroactive criminal offences or punishment.

Very few cases have been decided under this article. In general it provides a safeguard against the state applying criminal offences retrospectively.

Article Eight: The right to respect for private and family life, home and correspondence.

Everyone has the right to respect for his private and family life. The state may not interfere with this right except in accordance with the law. These rights may be infringed where they are necessary for a democratic society, in the interests of public safety and security, for the protection of health and morals, for the prevention of crime and for the protection of others.

The right to privacy and a family life is subscribed by the wider needs of society. Article eight is not therefore a basic right but one which is balanced against the needs of the community at large.

Article Nine: The freedom of Religion.

Everyone has the right to freedom of thought, conscience and religion. These rights are limited where they infringe public safety, morals, health or order or where they must be limited for the protection of the rights and freedoms of others.

Article Ten: The freedom of Expression.

Everyone has the right to hold opinions and to receive and impart information and ideas without the interference of the state.

The Court has interpreted this right broadly to include the holding of opinions that shock, disturb or offend the state.

Article Eleven: The Freedom of Assembly and Association.

Everyone has the right to freedom of peaceful assembly and association. No restrictions can be put on these rights except in the interests of national security, public disorder, prevention of crime, public safety, protection of morals or for the protection of the rights and freedoms of others.

Article Twelve: The right to marry and found a family.

Men and Women of marriageable age have the right to marry and to found a family, according to the national laws governing this right.

Whilst the state can restrict the right to marry for instance in cases of age or form or capacity. the State cannot completely deprive a person the right to marry and found a family.

Article Thirteen: The right to an effective national remedy.

The article states that 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.

Article thirteen therefore guarantees effective remedies in a national forum for breaches of the Convention. This means a sufficiently independent authority which can provide effective remedies.

Article Fourteen: Freedom from discrimination.

The freedoms contained in the Convention shall be secured without discrimination on any ground such as sex, religion, political view.

Article Fifteen: Derogation in time of War.

In exceptional circumstances the state may take measures which interfere with rights guaranteed under the Convention.

Articles Sixteen - Eighteen.

Restrictions on the political activities may be taken by national authorities.

The Convention cannot be used as a means to engage in activities designed at undermining the rights and freedoms protected by the Convention. The restrictions permitted by the Convention cannot be used for any other purpose than for those prescribed. This latter article, eighteen, prevents improper use of restrictions on rights and freedoms. It effectively closes the door on restrictions being developed in addition to those already granted.

The Convention has been extended by way of protocol and the UK has signed the first and sixth protocols.

The First Protocol
This protocol recognises the right to peaceful occupation of property, the right to education and free elections.

The Sixth Protocol

Bans the death penalty except in time of war.

If you feel that any of your rights have been violated please contact a solicitor by using the search tool at the top left of this page by entering your postcode