Articles

Article 2: Right to life

Restrictions apply

Text Convention wording

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 the penalty is provided by law.
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.

Definition What it means

Nobody, including the Government, can try to end your life. The Government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk.

Public authorities should consider your right to life when making decisions that might put you in danger or affect your life expectancy.

If a family member dies in circumstances involving the state, you may have the right to an investigation. The state is also required to investigate suspicious deaths and deaths in custody.

The courts have decided the right to life does not include a right to die.

Restrictions When it may not apply

Stop them carrying out unlawful violence.
Make a lawful arrest.
Stop them escaping lawful detainment.
Stop a riot or uprising.

Article 3: Freedom from torture and inhuman or degrading treatment

Absolute right

Protection How it protects you

Torture (mental or physical)
Inhuman or degrading treatment or punishment
Deportation or extradition if there is a real risk you will face torture or inhuman or degrading treatment or punishment

Public authorities must not inflict this sort of treatment. They must also protect you if someone else is doing it. If they know this right is being breached, they must intervene to stop it. The state must also investigate credible allegations.

Definitions Torture, inhuman, degrading

Torture: deliberately causing very serious and cruel suffering (physical or mental) to punish, intimidate, or obtain information.

Inhuman: treatment causing intense physical or mental suffering, including:

Serious physical assault
Psychological interrogation
Cruel or barbaric detention conditions or restraints
Serious physical or psychological abuse in a health or care setting
Threatening to torture someone, if the threat is real and immediate

Degrading: extremely humiliating and undignified treatment; depends on factors like duration, effects, and vulnerability (age/health, etc.). Based on human dignity.

Restrictions Limits

This right is absolute and must never be limited or restricted in any way. For example, lack of resources can never be a defence.

Article 4: Freedom from slavery and forced labour

Mixed

Text Prohibition of slavery and forced labour

No one shall be held in slavery or servitude.
No one shall be required to perform forced or compulsory labour.
“Forced or compulsory labour” shall not include:
- Work required in the ordinary course of detention (Article 5) or during conditional release
- Military service, or alternative service for conscientious objectors where recognised
- Service in an emergency or calamity threatening the life or well-being of the community
- Work or service which forms part of normal civic obligations

Definition Key terms

Slavery: when someone actually owns you like property.
Servitude: similar to slavery (living/working on premises, unable to leave), but not owned.
Forced labour: forced to do work you did not agree to, under threat of punishment.

Restrictions What can still be required

Protection against slavery/servitude is absolute. Forced labour protection is also described as absolute here, but it does not apply to work that:

You must do as part of a prison or community sentence
The government requires in a state of emergency (e.g., after a disaster)
Forms part of normal civic obligations (e.g., jury service)

Article 5: Right to liberty and security

Restrictions apply

Protection How it protects you

Protects individuals’ freedom from unreasonable detention (rather than personal safety). You must not be imprisoned or detained without good reason.

If you are arrested, you have the right to:

Be told (in a language you understand) why you were arrested and what charges you face
Be taken to court promptly
Bail (subject to conditions)
A trial within a reasonable time
Challenge detention if you think it is unlawful
Compensation if unlawfully detained

Definition Convention wording

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:
- Lawful detention after conviction by a competent court
- Lawful arrest/detention for non-compliance with a lawful court order or to secure a legal obligation
- Lawful arrest/detention on reasonable suspicion of an offence, or to prevent an offence/fleeing
- Detention of a minor for educational supervision or to bring before legal authority
- Detention to prevent spread of infectious diseases; of persons of unsound mind; alcoholics/drug addicts; vagrants
- Arrest/detention to prevent unauthorised entry, or pending deportation/extradition
Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons and any charge.
Those arrested/detained under 1(c) must be brought promptly before a judge and entitled to trial within reasonable time or release pending trial (with guarantees).
Right to proceedings to decide lawfulness speedily and release if unlawful.
Enforceable right to compensation for arrest/detention in contravention of this Article.

Restrictions When detention may be lawful

After being found guilty of a crime and sent to prison
For not doing something a court ordered
On reasonable suspicion of committing a crime / to stop a crime / to stop fleeing
Where a mental health condition makes detention necessary
If capable of spreading infectious disease
Attempting to enter a country illegally
Pending deportation or extradition

Article 6: Right to a fair trial

Restrictions apply

Protection How it protects you

You have the right to a fair and public trial or hearing if:

You are charged with a criminal offence
A public authority is deciding something affecting your civil rights or obligations

“Civil rights and obligations” here include areas like property, planning, family, contract and employment law.

Definition Convention wording

Fair and public hearing within a reasonable time by an independent and impartial tribunal established by law; judgment pronounced publicly (with certain exclusions).
Presumed innocent until proved guilty according to law.
Minimum rights include being informed of accusation, time/facilities to prepare, legal assistance, examine witnesses, and interpreter assistance.

Fair hearing What it includes

Within a reasonable time
Independent and impartial decision-maker
Relevant information provided
Open to the public (with exceptions)
Representation and interpreter where appropriate
Followed by a public decision

You also have the right to an explanation of how the decision was reached.

At a criminal trial, you have the right to:

Be presumed innocent
Know what you are accused of (as early as possible)
Remain silent
Have time to prepare
Legal aid if needed for justice
Attend your trial
Access relevant information
Present your side
Question key witnesses and call your own
An interpreter if needed

Restrictions Limits and exceptions

The right to a fair and public hearing does not always apply to cases involving:

Immigration law
Extradition
Tax
Voting rights

There is no automatic right to an appeal.

Access to courts can be restricted, for example, if you bring meritless cases or miss time-limits.

Public/press can be excluded to protect morals, public order/national security, children, or privacy, or where publicity would harm justice.

Article 7: No punishment without law

Absolute right

Protection How it protects you

You cannot be charged with a criminal offence for something that was not a crime when you did it. Public authorities must clearly explain what counts as a criminal offence so you know when you’re breaking the law. Courts also can’t give you a heavier punishment than was available at the time.

Definition Convention wording

No guilt for an act/omission that wasn’t a criminal offence at the time; no heavier penalty than applicable at the time.
Does not prejudice trial/punishment for acts criminal according to general principles recognised by civilised nations at the time.

Restrictions Limits

This right is absolute and cannot be restricted, but there is an exception for acts “against the general law of civilised nations” at the time (e.g., war crimes / crimes against humanity after WWII).

Article 8: Respect for your private and family life

Restrictions apply

Protection What it covers

Protects respect for your private life, family life, home and correspondence (letters, phone calls, emails, etc.).

Definition Private life, family life, home

Private life: live privately without government interference. Interpreted broadly (identity, lifestyle, appearance, bodily autonomy, relationships, participation in social/cultural/economic life). Sometimes authorities must help you enjoy this right.

Family life: enjoy family relationships without interference; includes living with family or regular contact where not possible; can include unmarried couples, adoption, fostering relationships.

Home: not a right to housing, but to enjoy your existing home peacefully; authorities should not stop you entering/living there without very good reason and should not enter without permission (whether or not you own it).

Right to respect for private and family life, home and correspondence.
Interference only if lawful, necessary and proportionate for certain aims (listed below).

Restrictions When authorities may interfere

Only where action is lawful, necessary and proportionate to:

Protect national security
Protect public safety
Protect the economy
Protect health or morals
Prevent disorder or crime
Protect the rights and freedoms of others

Article 9: Freedom of thought, belief and religion

Restrictions apply

Protection How it protects you

Includes the right to change religion or beliefs. Also includes the right to put beliefs into action (wear religious clothing, talk about beliefs, worship). Non-religious beliefs can be protected too (atheism, agnosticism, veganism, pacifism) if serious, sincerely held, and worthy of respect in a democratic society.

Definition Convention wording

Freedom of thought, conscience and religion; freedom to change; freedom to manifest alone or with others, in public or private, in worship, teaching, practice and observance.
Manifestation may be limited only as prescribed by law and necessary in a democratic society for certain aims.

Restrictions When manifestation may be limited

Authorities cannot interfere with holding/changing beliefs, but may limit manifestation if lawful, necessary and proportionate to protect:

Public safety
Public order
Health or morals
The rights and freedoms of others

Article 10: Freedom of expression

Restrictions apply

Protection How it protects you

Protects your right to hold opinions and express them without government interference, including via:

Public protest and demonstrations
Articles, books, leaflets
TV or radio
Art
Internet and social media

Also protects receiving information from others (e.g., audiences/readers).

Definition Convention wording

Freedom of expression includes holding opinions and receiving/imparting information/ideas without interference; may require licensing for broadcasting/cinema.
May be subject to formalities/conditions/restrictions/penalties prescribed by law and necessary in a democratic society for listed aims.

Restrictions When expression may be limited

Authorities may restrict if lawful, necessary and proportionate to:

Protect national security, territorial integrity, or public safety
Prevent disorder or crime
Protect health or morals
Protect others’ rights and reputations
Prevent disclosure of confidential information
Maintain authority and impartiality of judges

Restrictions may apply, for example, to expression encouraging racial or religious hatred, but must still be proportionate.

Article 11: Freedom of assembly and association

Restrictions apply

Protection How it protects you

You have the right to form and be part of a trade union, political party, association or voluntary group. Nobody can force you to join.

Definition Convention wording

Right to peaceful assembly and freedom of association (including forming/joining trade unions).
Restrictions only if prescribed by law and necessary in a democratic society for listed aims; allows lawful restrictions for armed forces, police, and administration of the state.

Restrictions When it may be limited

Only where lawful, necessary and proportionate to:

Protect national security or public safety
Prevent disorder or crime
Protect health or morals
Protect the rights and freedoms of others

You may face wider restrictions if you work for the armed forces, police, or Civil Service.

Article 12: Right to marry

Restrictions apply

Protection How it protects you

Protects the right of men and women of marriageable age to marry and start a family.

Definition Convention wording + note

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

Note (from your text): The ECtHR ruled in 2002 that this right extends to transsexual people; UK references included Gender Recognition Act 2004 and later marriage legislation.

Restrictions National marriage laws

Subject to national laws on marriage (e.g., restrictions on marriage between close relatives). Any restrictions must not be arbitrary or interfere with the essential principle of the right.

Article 14: Protection from discrimination

Restrictions apply

Protection How it protects you

Illegal to discriminate in the enjoyment of Convention/HRA rights on grounds including sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Case law has treated “other status” as including (per your text): sexual orientation, illegitimacy, marital status, trade union membership, transsexual status and imprisonment; can also challenge age/disability discrimination.

Definition What discrimination means

Discrimination is being treated less favourably than someone in a similar situation without objective and reasonable justification. It can also happen where treating everyone “the same” disadvantages you because your circumstances differ (e.g., disability or pregnancy).

The Human Rights Act does not cover discrimination in all areas of life (Equality Act 2010 offers broader protection), but it protects against discrimination in enjoying the other rights in the Act.

Article 14 is not “free-standing”: you must show discrimination affected your enjoyment of one or more other rights, though you don’t need to prove that other right was actually breached.

Indirect discrimination: a supposedly equal rule/policy that disadvantages certain groups (e.g., a height requirement disadvantaging women and some disabled people) unless strictly justified.

Text Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in the European Convention on Human Rights and the Human Rights Act 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.