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Introduction to the European Convention on Human Rights

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Introduction to the European Convention on Human Rights Introduction to the European Convention on Human Rights The rights guaranteed and the protection mechanism Jean-François Renucci Doctor, Professeur, University of Nice Sophia-Antipolis (France) Director, Centre d’études sur les droits de l’homme (CEDORE-IDPD) Council of Europe Publishing French edition Introduction générale à la Convention européenne des Droits de l’Homme: Droits garantis et mécanisme de protection ISBN 92-871-5714-6 The opinions expressed in this publication are those of the author and do not engage the responsibility of the Council of Europe. They should not be regarded as placing upon the legal instruments mentioned in it any official interpretation capable of binding the governments of member states, the Council of Europe’s statutory organs or any organ set up by virtue of the European Convention on Human Rights. Council of Europe Publishing F-67075 Strasbourg Cedex ISBN 92-871-5715-4 © Council of Europe, 2005 1st printing June 2005 Printed at the Council of Europe Contents Introduction Part One: The rights guaranteed Chapter 1: General protection . 9 I. Civil and political rights. 9 A. The right to life . 9 B. Prohibition of ill-treatment . 12 1. The definition of ill-treatment . 13 2. Applicability of Article 3 . 14 3. Scope of Article 3 . 16 4. Proof of ill-treatment . 17 C. Prohibition of slavery and servitude . 18 D. Prohibition of discrimination . 19 1. Article 14 of the European Convention on Human Rights: a limited prohibition . 19 2. Protocol No. 12: a general prohibition . 21 E. Freedom of expression. 22 1. Affirmation of the principle of freedom . 22 2. Exceptions to the principle of freedom . 26 F. Freedom of thought, conscience and religion. 28 1. The absolute freedom to hold convictions and beliefs . 28 2. Relative freedom to manifest convictions and beliefs . 33 G. Protection of privacy . 39 1. The right to marry . 40 2. The right to respect for private and family life . 41 3. The right to respect for one’s home and correspondence . 46 H. Protection of social and political activity . 47 1. Freedom of assembly and association . 47 2. Right to free elections . 49 II. Social and economic rights . 51 A. Economic rights . 51 1. Assertion of the right to peaceful enjoyment of possessions . 51 2. Limitations on peaceful enjoyment of possessions . 52 3 INTRODUCTION TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS B. Social rights. 55 Chapter 2: Specific protection . 57 I. Protection of parties to court proceedings . .57 A. The right to liberty and security. 57 1. Authorised cases of deprivation of liberty . 58 2. Safeguards for persons deprived of their liberty . 62 B. “Nulla poena sine lege”. 66 C. The right of access to the courts . 68 D. The right to a fair trial . 71 1. Applicability of Article 6 . 71 2. The requirements for a fair trial . 75 II. Protection of aliens . .88 A. Direct protection. 88 B. Indirect protection . 90 Part Two: The system of protection Chapter 1: The European Court of Human Rights. 95 I. Institutional safeguards . .95 A. The changes brought about by Protocol No. 11 . 96 1. Organisation of the Court . 96 2. Jurisdiction of the Court . 98 3. Working of the Court . 99 4. Composition of the Court . 100 B. The innovations of Protocol No. 14. 102 II. Procedural safeguards . 104 A. Referral to the Court. 104 1. Inter-state applications . 105 2. Individual applications . 106 B. Examination of admissibility . 109 1. The solutions introduced by Protocol No. 11 . .109 2. The improvements introduced by Protocol No. 14 . 115 C. Decision on the merits . 116.
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