<-
Human Rights Act 1998: Supplemental :
Human Rights Act 1998: Schedule 2 ->
SCHEDULES
Schedule 1
THE ARTICLES
PART I
THE CONVENTION
RIGHTS AND FREEDOMS
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:
- in defence of any person from unlawful violence;
- in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
- in action lawfully taken for the purpose of quelling a riot or 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 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:
- any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
- 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;
- any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
- any work or service which forms part of normal civic obligations.
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:
- the lawful detention of a person after conviction by a competent court;
- 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;
- 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;
- 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;
- the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
- 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 reasons 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.
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 interest 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:
- to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
- to have adequate time and facilities for the preparation of his defence;
- 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;
- 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;
- 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 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 when it was committed, was criminal according to the general principles of law recognised by civilised 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 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.
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.
ARTICLE 10
FREEDOM OF EXPRESSION
1. Everyone has the right to 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.
ARTICLE 11
FREEDOM OF ASSEMBLY AND ASSOCIATION
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.
ARTICLE 12
RIGHT TO MARRY
Men and women of marriageable age have the right to marry and to found a family, according to the national
laws governing the exercise of this right.
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.
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 RESTRICTIONS ON 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.
PART II
THE FIRST PROTOCOL
ARTICLE 1
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 preceding 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 penalties.
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.
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.
PART III
THE SIXTH PROTOCOL
ARTICLE 1
ABOLITION OF THE DEATH PENALTY
The
death penalty shall be abolished. No one shall be condemned to such penalty or
executed.
ARTICLE 2
DEATH PENALTY IN TIME OF WAR
A
State may make provision in its
law for the
death penalty in respect of acts committed in time of
war or of imminent threat of
war; such penalty shall be applied only in the instances laid down in the
law and in accordance with its provisions. The
State shall communicate to the
Secretary General of the Council of Europe the relevant provisions of that
law.
<-
Human Rights Act 1998: Supplemental :
Human Rights Act 1998: Schedule 2 ->