The “European Convention on Human Rights” sets forth a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination). More rights are granted by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177), 13 (ETS No. 187), 14 (CETS No. 194), 15 (CETS No. 213) and 16 (CETS No. 214)).
Parties undertake to secure these rights and freedoms to everyone within their jurisdiction.The Convention also establishes an international enforcement machinery. To ensure the observance of the engagements undertaken by the Parties, the European Court of Human Rights in Strasbourg has been set up. It deals with individual and inter-State petitions. At the request of the Committee of Ministers of the Council of Europe, the Court may also give advisory opinions concerning the interpretation of the Conventions and the protocols thereto. The Committee of Ministers has also a power to ask the Court for an interpretation of a judgment.
The parties to a case must abide by the judgments of the Court and take all necessary measures to comply with them. The Committee of Ministers supervises the execution of judgments. The Secretary General may request Parties to provide explanations on the manner in which their domestic law ensures the effective implementation of the Convention.
Summary of the preamble
The member governments of the Council of Europe work towards peace and greater unity based on human rights and fundamental freedoms. With this Convention they decide to take the first steps to enforce many of the rights contained in the Universal Declaration of Human Rights.
Article 1 – Obligation to respect human rights
States must ensure that everyone has the rights stated in this Convention.
Article 2 – Right to life
You have the right to life.
Article 3 – Prohibition of torture
No one ever has the right to hurt you or torture you. Even in detention your human dignity has to be respected.
Article 4 – Prohibition of slavery and forced labour
It is prohibited to treat you as a slave or to impose forced labour on you.
Article 5 – Right to liberty and security
You have the right to liberty. If you are arrested you have the right to know why. If you are arrested you have the right to stand trial soon, or to be released until the trial takes place.
Article 6 – Right to a fair trial
You have the right to a fair trial before an unbiased and independent judge. If you are accused of having committed a crime, you are innocent until proved guilty. You have the right to be assisted by a lawyer who has to be paid by the state if you are poor.
Article 7 – No punishment without law
You cannot be held guilty of a crime if there was no law against it when you did it.
Article 8 – Right to respect for private and family life
You have the right to respect for your private and family life, your home and correspondence.
Article 9 – Freedom of thought, conscience and religion
You have the right to freedom of thought, conscience and religion. You have the right to practise your religion at home and in public and to change your religion if you want.
Article 10 – Freedom of expression
You have the right to responsibly say and write what you think and to give and receive information from others. This includes freedom of the press.
Article 11 – Freedom of assembly and association
You have the right to take part in peaceful meetings and to set up or join associations including trade unions.
Article 12 – Right to marry
You have the right to marry and to have a family.
Article 13 – Right to an effective remedy
If your rights are violated, you can complain about this officially to the courts or other public bodies.
Article 14 – Prohibition of discrimination
You have these rights regardless of your skin colour, sex, language, political or religious beliefs, or origins.
Article 15 – Derogation in time of emergency
In time of war or other public emergency, a government may do things which go against your rights, but only when strictly necessary. Even then, governments are not allowed, for example, to torture you or to kill you arbitrarily.
Article 16 – Restrictions on political activity of aliens
Governments may restrict the political activity of foreigners, even if this would be in conflict with Articles 10, 11 or 14.
Article 17 – Prohibition of abuse of rights
Nothing in this Convention can be used to damage the rights and freedoms in the Convention.
Article 18 – Limitation on use of restrictions of rights
Most of the rights in this Convention can be restricted by a general law which is applied to everyone. Such restrictions are only allowed if they are strictly necessary.
Articles 19 to 51
These articles explain how the European Court of Human Rights works.
Article 34 – Individual applications
If your rights contained in the Convention have been violated in one of the member states you should first appeal to all competent national authorities. If that does not work out for you, then you may appeal directly to the European Court of Human Rights in Strasbourg.
Article 52 – Inquiries by the Secretary General
If the Secretary General of the Council of Europe requests it, a government must explain how its national law protects the rights of this Convention.