THE HUMAN RIGHTS ACT 1998

30 - THE HUMAN RIGHTS ACT 1998

1. SCOPE OF THE DOCUMENT

1.1 This document gives an overview of the Human Rights Act 1998 and how it relates to decisions made by NASS case-workers.

2. INTRODUCTION

2.1 The Human Rights Act 1998 ("the Act") marks an important development in ensuring respect for human rights in the United Kingdom.

2.2 The Act received Royal Assent on 9 November 1998. It was brought fully into force on 2 October 2000. From that date, rights and freedoms guaranteed under the European Convention on Human Rights ("the Convention") were incorporateded into domestic law. This means that the rights given under the Convention may be relied upon directly in our courts.

3. SUMMARY

3.1 The Human Rights Act 1998 gives further effect to rights and freedoms guaranteed under the European Convention on Human Rights into UK
law.

individuals, companies and other private bodies will be able to rely on the Convention rights in the UK courts or tribunals

it will be unlawful for a public authority to act incompatibly (or to fail to act compatibly) with the Convention

4.BACKGROUND

4.1 The Government’s immediate aim in introducing the Human Rights Act was to allow cases concerning the rights given under the Convention to be brought in the UK courts. The Government hopes that the Act will help to create a society in which the rights and responsibilities of individuals are properly balanced and in which an awareness of the Convention rights permeates the UK's governmental and legal systems at all levels.

4.2 Prior to the coming into force of the Act, if an individual wanted to challenge the UK Government for non-compliance with the Convention, he or she generally had to go to the European Court of Human Rights in Strasbourg ("the Strasbourg Court") and even then only after showing that there was no remedy in the UK courts. This meant it could take many years for a case to be decided. It also led to much expense.

4.3 Parliament decided that this was not acceptable and that the importance of maintaining basic human rights in this country meant that rights under the Convention should be enforceable in the UK courts and tribunals.

The Act achieves this by

making it unlawful for a public authority to act incompatibly with the Convention rights and allowing for a case to be brought in a UK court or tribunal against the authority where it does so. However, a public authority will not have acted unlawfully under the Act if as the result of a provision of primary legislation it could not have acted differently.

requiring that all legislation be interpreted and given effect as far as possible compatibly with the Convention rights. Where it is not possible to do so, a court may:

quash or disapply subordinate legislation or

if it is a higher court, give a declaration of incompatibility for primary legislation thereby triggering a new power allowing a Minister to make a remedial order to amend the legislation to bring it into line with the Convention rights.

requiring UK courts and tribunals to take account of the case-law of the Court and the Commission in Strasbourg and also the Committee of Ministers. They will also be bound to develop the common law compatibly with the Convention rights.

5.THE CONVENTION

5.1 The European Convention on Human Rights was adopted in 1950 and was ratified by the United Kingdom in 1951. It was designed to give binding effect to the guarantee of various rights and freedoms in the UN Declaration on Human Rights, adopted in December 1948. The Convention is a treaty of the Council of Europe, which was established after the end of the Second World War with the aim of protecting Europe against totalitarianism and a repeat of the wartime atrocities. The Convention is also intended to protect human rights in countries which are democratic by seeking to secure a fair balance between the general interest of society and the protection of the individual’s fundamental rights.

5.2 The preamble to the Convention says:

"[The signatories] reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other hand by a common understanding and observance of the human rights upon which they depend;

Being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration…"

5.3 What are the Convention rights?

5.4 The Convention guarantees the following rights and freedoms:

right to life (Article 2)

freedom from torture and inhuman or degrading treatment or punishment (Article 3)

freedom from slavery and forced or compulsory labour (Article 4)

right to liberty and security of person (subject to a derogation applicable to Northern Ireland) (Article 5)

right to a fair and public trial within a reasonable time (Article 6)

freedom from retrospective criminal law and no punishment without law (Article 7)

right to respect for private and family life, home and correspondence (Article 8)

freedom of thought, conscience and religion (Article 9)

freedom of expression (Article 10)

freedom of assembly and association (Article 11)

right to marry and found a family (Article 12)

prohibition of discrimination in the enjoyment of the Convention rights (Article 14)

right to peaceful enjoyment of possessions and protection of property (Article 1 of Protocol 1)

right to education (subject to a UK reservation)
(Article 2 of Protocol 1)

right to free elections (Article 3 of Protocol 1)

right not to be subjected to the death penalty
(Articles 1 and 2 of Protocol 6)

These rights are the Convention rights which are referred to in the Act. The complete wording of the rights is given in Annex C to this guidance.

5.5 The rights set out in the articles of the Convention have been explained and developed in the case-law of the Strasbourg bodies (the Court, the Commission and the Committee of Ministers).

5.6 The rights can be relied on by any person, non-governmental organisation or group of individuals and in some cases also by companies and other bodies, but not by governmental organisations, such as local authorities, as the Convention is about protecting fundamental rights and freedoms against the power of the State.

5.7 The Convention contains other provisions, largely referring to the machinery for enforcing rights, which are not incorporated.

6. HIERARCHY OF RIGHTS

6.1 There is a hierarchy of Convention rights: some are absolute, some can be limited and some are qualified. Absolute rights cannot be derogated from.

6.2 Absolute rights are:

Article 3: the right to protection from torture, inhuman and degrading treatment and punishment,

Article 4: the prohibition on slavery and enforced labour,

Article 7: protection from retrospective criminal penalties.

6.3 Limited rights are limited under explicit and finite circumstances defined in the Convention itself.

6.4 Limited rights are:

Article 2: the right to life

Article 5: the right to liberty

Article 6: right to a fair trial

6.5 Qualified rights are:

Article 8 : the right to respect for private and family life,

Article 9: freedom of religion

Article 10: freedom of expression,

Article 11: freedom of association

Article 1 of Protocol 1: the right to the peaceful enjoyment of property

Article 2 of Protocol 1(to some extent): the right to education.

Interference with these rights is permissible subject to various qualifications. These include the qualification that any restriction must:

be in accordance with the law,

be necessary in a democratic society and

be related to the permissible aim set out in the relevant Article (eg the prevention of crime or the protection of public order or health – although note that these vary from article to article).

be proportionate

7. INTERPRETING THE CONVENTION

7.1 To understand the Convention it is important to remember that:

it is to be given a broad and generous interpretation rather than a strict, legalistic interpretation. Its purpose is the protection of human rights and fundamental freedoms and to maintain and promote the ideals and values of a democratic society.

the Strasbourg Court looks at the substance and reality of what is involved and seeks to give a practical and effective interpretation to the rights.

it is a living document - it must be interpreted in the light of present-day conditions. Societies and values change and the Strasbourg Court takes account of these changes in interpreting the Convention. In doing so, it looks to see whether there are common European standards.

in relation to some Convention rights (particularly those requiring a balance to be struck between competing considerations) the Strasbourg Court allows a "margin of appreciation" to the State and is reluctant to substitute its own views of the merits of the case for that of the domestic authorities. This applies particularly to the justifications given for an interference with a right. It will also look to see if there is a reasonable relationship between a legitimate aim to be pursued and the methods chosen to pursue it.

terms and expressions have an autonomous meaning - just because UK law defines an expression in a certain way does not mean that the same expression in the Convention is to be given the same meaning. The term or expression has the same meaning for all the countries bound by the Convention.

7.2 These principles of interpretation, adopted by the Strasbourg Court, will be followed by the UK courts and tribunals.

8. THE CONVENTION RIGHTS AND NASS

This is intended to be general guidance to caseworkers but caseworkers must consider the circumstances of each case and this guidance does not prevent caseworkers from exercising their discretion in appropriate cases.

8.1 The relevant Articles of the ECHR are already reflected in NASS’s policy and procedures. Caseworkers will need to consider, during the course of the decision-making process, whether:

the individual’s human rights are involved;

whether those rights are being interfered with;

if that is the case, can they be legitimately interfered with i.e. is/are the right/s involved qualified/absolute?

Is the decision justified and proportionate to the aim?

8.2 It is the aim of IND that all NASS case-workers receive training and reference material on the Human Rights Act ( including the comprehensive "The Human Rights Act 1998 Guidance for Departments") . Case-working instructions already contain references to the Convention Rights where relevant.

8.3 Certain articles of the Convention are likely to be particularly relevant to NASS staff when making decisions on the provision of support. Others may be cited, by legal advisors representing asylum seekers, but are not likely to be generally relevant or as relevant. Should caseworkers need further guidance on particular articles, they should contact Richard Honeyman in the NASS Policy Unit on extension 0147.

8.4 For reference purposes, Annex B contains the full wordings of the Convention Rights.

ARTICLE 6: SHOULD YOUR DECISION BE SUBJECT TO A FAIR TRIAL?

8.5 Article 6 guarantees a right to a fair trial in the determination of

a person’s civil rights and obligations, or

any criminal charge

8.6 Article 6 only applies where "civil rights and obligations" are being determined. Support provided under section 95 of the Immigration and Asylum Act ( ie NASS support) does not constitute a civil right for the purposes of Article 6 as is it akin to a non-contributory benefit. Decisions made by NASS case-workers are not considered to determine civil rights or obligations. Article 6 does not therefore apply to decisions made by NASS case-workers.

8.7 If a decision is made to refuse support, or stop supporting an asylum seeker, they may exercise their right of appeal under section 103 of the Immigration and Asylum Act 1999. The case-working instructions for NASS appeals are contained in NASS Policy Bulletin 23 issued on 04/09/00. The procedures for such appeals are provided for by the Asylum Support Appeals (Procedure) Rules 2000.

ARTICLE 1 OF PROTOCOL 1: DOES YOUR DECISION AFFECT A PERSON'S RIGHT TO POSSESSIONS ?

8.8 Article 1 of Protocol 1 aims to ensure that a person’s (including a company’s) possessions are not unfairly interfered with.

8.9 In this context possessions are things of economic value. They include goods, shares, rights under contracts (including leases), land, rights to run a business, goodwill and damages or other sums awarded by a court or tribunals. The term has a very wide meaning, but it covers only existing possessions and existing legal rights, it does not cover the expectation of a benefit. It covers, for example, the right to receive benefits under a pension scheme, but not the right to inherit property at some point in the future. It covers property not just owned by individuals but also owned by a company or other private body, such as a charity or trade union.

8.10 The Article is made up of three rules concerning :

the principle of the peaceful enjoyment of possessions.

the deprivation of possessions.

the right of the State to control the use of property in the general interest or to secure the payment of taxes or other contributions or penalties.

8.12 Interference with property rights must be justified in the public or general interest. In deciding what the general or public interest is a State enjoys a "margin of appreciation" in that the Strasbourg Court acknowledges that a State is in a better position to assess the economic needs of society and should therefore be allowed some discretion in setting its objectives.

8.13 Asylum seekers who apply for support, particularly "disbenefitted asylum seekers", may have acquired possessions and if they were to be dispersed they may not be able to carry all of them when they travel to dispersed accommodation. In general, it can be considered that the dispersal of asylum seekers to areas which have a ready supply of accommodation (and is therefore less expensive) is in the general or public interest and such interference can therefore be justified. But that interference will also need to be proportionate, and you must consider this when you make your decision. In some cases asylum seekers may wish to sell possessions which have a great value (in which case the cash will be taken into account in the normal way). However, in very exceptional circumstances it may be necessary for possessions to be transported to the asylum seeker's dispersal accommodation. Such decisions should be made at SEO level.

ARTICLE 3 : DOES YOUR DECISION AFFECT A PERSON'S PHYSICAL OR MENTAL WELL-BEING?

8.14 Article 3 prohibits torture and inhuman or degrading treatment or punishment. This provision aims to protect an individual from physical and mental ill-treatment. The ill-treatment must be of certain degree of severity. What that minimum is depends on all the circumstances of the case, such as the nature and context of the treatment, its duration, its physical and mental effects, and in some instances the sex, age and state of health of the victim. It is relevant in a wide number of situations - conditions of detention, failure to provide (or compulsory provision of) medical treatment, deportation or extradition (where the state can incur liability if it proposes to remove a person to a country where he is likely to suffer ill-treatment), racial discrimination, corporal punishment etc. Article 3 has also been considered relevant in the protection of vulnerable individuals in the course of legal proceedings.

8.15 The State has positive obligations which means that it is obliged to secure the rights guaranteed by Article 3 and to prevent breaches of the Article by one private individual against another, particularly against children and other vulnerable persons.

8.16 NASS case-workers should ensure that decisions do not breach this article (although this is considered unlikely given that Article 3 has a very high threshold).

ARTICLE 8: DOES YOUR DECISION AFFECT THE PERSON'S PRIVATE OR FAMILY LIFE?

8.17 Article 8 says that everyone has the right to respect for his private and family life, his home and his correspondence.

8.18 Article 8 covers a vast range of issues and subjects, including interception of correspondence, telephone tapping and search warrants (at home or at work), access to information about a person’s own identity, a person’s right to have and to express an identity, the freedom to express one’s sexuality, to be free from severe environmental pollution, to consent to medical treatment, to have parental access and custody of children, the collection and use of information concerning an individual, the right to have and form social relationships and the protection of a person’s reputation etc.

8.19 A public authority may not interfere with these rights except:

in accordance with the law;

and where it is necessary in a democratic society in the interests of national security, public safety, 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;

and where that interference is proportionate.

8.20 The Strasbourg Court has made it clear that it will not substitute its own views on the needs of the State, but it will wish to satisfy itself that the State’s act or law falls within a margin of appreciation. In deciding whether action is necessary in a democratic society the Strasbourg Court considers whether or not there is a common European standard or approach. It will also consider whether the action taken was proportionate to the aim to be achieved. Whether or not a justification would be sufficiently weighty to satisfy the Convention and the assessment of proportionality will require the assistance of your legal advisers. Our courts are also going to consider the justification for legislation and policy that interfere with a Convention right.

8.21 As with Article 3, the State has positive obligations under Article 8 to take steps to provide the rights and privileges guaranteed by the Article and to protect people against the activities of other private individuals which prevent the effective enjoyment of these rights.

8.22 This Article is relevant to NASS case-workers when they decide whether or not it is appropriate to disperse asylum seekers in a different area to a family member ( see separate instructions). Each case should be determined on its own merits but as a general rule an asylum seeker would have to demonstrate that there exists close personal ties between themselves and their relative, before a decision could be made to place him/her in a particular area simply because that family member lived there. See also arrangements for dealing with mixed households ( Policy Bulletin 11 issued on 28 July 2000) .

8.23 It may be argued that asylum seekers should not be issued shared accommodation. However, the allocation of shared accommodation to asylum seekers while their asylum claim is being determined can be justified on the basis that it is in accordance with the law and is necessary in the interests of the economic well-being of the country. Separate instructions give guidance to case-workers for allocating shared accommodation.

ARTICLE 10: DOES YOUR DECISION AFFECT THE PERSON'S RIGHT TO FREEDOM OF EXPRESSION?

8.24 Article 10 says that everyone has the right to freedom of expression. As with Article 8, the right is qualified. It may be subject to such restrictions as are:

prescribed by law; and

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.

8.25 Decisions of the Convention institutions in Strasbourg have recognised the fundamental place of the Article 10 right to freedom of expression. The European Court of Human Rights has acknowledged that freedom of expression constitutes an essential foundation of a democratic society and is particularly important as far as the press is concerned.

8.26 It is not considered likely that this article is relevant to decisions made by NASS caseworkers.

ARTICLE 9: DOES YOUR DECISION AFFECT THE RIGHT OF A RELIGIOUS ORGANISATION TO FREEDOM OF THOUGHT, CONSCIENCE OR RELIGION?

8.27 Article 9 provides that everyone has the right to freedom of thought, conscience and religion. This includes the freedom to change one's religion or belief, and the freedom either alone or with others to manifest that religion or belief in worship, teaching, practice and observance.

8.28 The freedom to manifest one's religion or beliefs (but not the other freedoms guaranteed by Article 9) may be subject to specified restrictions and the overall requirement is that if interference is permitted under article 9, the interference must still be proportionate. The reasons for interference with rights under article 9 are more limited that under either article 8 or article 10 – for example, there is no justification on the basis of the interference being in the economic interests of the country.

8.29 The Convention institutions have not defined what is meant by a religious organisation. But they have recognised that a church body or other congregation can enjoy the protection of Article 9 in its own capacity as a representative of its members. They have not given the individual's right to freedom of religion precedence over the requirements of the doctrine of the church of which the individual is a member.

8.30 The Convention institutions have also accorded Article 9 rights a high degree of protection from attack. The European Court of Human Rights has recognised the need for religious beliefs to be given special regard in determining a case involving competing Convention rights. But they have not given Article 9 (or any other Article) automatic priority over all other Convention rights - indeed, it would not be open to them to do so.

8.31 This Article is relevant to case-workers who are deciding whether to allocate dispersed accommodation (see separate instructions). Case-workers should examine each case on its own merits. If it is accepted that an asylum seeker can only practise their religion in a certain area then consideration should be given to allocating accommodation in that particular area. It is anticipated that this will only be the case in exceptional circumstances and such decision should be made by an officer of at least HEO level.

ARTICLE 14: DOES YOUR DECISION DISCRIMINATE AGAINST PEOPLE IN AN AREA INVOLVING OTHER CONVENTION RIGHTS?

8.32 Article 14 provides for people to enjoy the protection of the Convention rights 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.

8.33 The phrase "or other status" has been interpreted widely in Strasbourg to include, among other things, sexual orientation, marital status, illegitimacy, status as a trade union, military status and conscientious objection.

8.34 The application of Article 14 involves more than simply deciding whether a person has been discriminated against in the enjoyment of a Convention right and if so whether he or she comes within one of the listed categories (including "other status"). The European Court of Human Rights would also consider whether there was an objective and reasonable justification for treating different categories of people in a different way, and whether any differential treatment was proportionate to the aim pursued.

8.35 In applying these additional considerations, the Court can give more or less weight to different types of discrimination. It has stated, for example, that discrimination on the grounds of sex, race or illegitimacy is particularly serious. It is therefore harder to justify discrimination in these areas than in others.

8.36 It is not possible to pursue a case on Article 14 grounds alone: there must be another Convention right at issue to which a claim of discrimination can be attached. Where another Convention right does arise, however, it is possible to find a breach of Article 14 even if there is no breach of the other Convention right.

8.37 Where the European Court of Human Rights has found a breach of another Convention right, it has in practice tended not to consider whether there is a breach of Article 14 also.

9. APPEALS TO THE SUPPORT ADJUDICATOR

9.1 Convention Rights may become an issue during appeals to the support adjudicator.

9.2 Most appeals to the support adjudicator arise when support has been refused. Also, occasionally support is discontinued due to breach of conditions ( see Policy Bulletin 17 issued on 4 August 2000), producing a right of appeal. It may be argued at appeal, by legal representatives of the asylum seeker, that the NASS decision breaches a particular Convention Right.

9.3 Decision letter templates contained in case-working instructions are designed to cover most situations concerning accusations that a Convention Right has been breached. However, it is the responsibility of the case-worker to ensure that if there is a Convention issue, that it is covered in the decision letter. This applies equally to discontinuation letters, refusal of support letters, letters which decline a request to be accommodated in a particular area and offer accommodation elsewhere, and any other response to a request or complaint made by or on behalf of an asylum seeker. This is because although some decision letters may be subject to scrutiny by a support adjudicator at appeal (in which case they will make a finding on whether the decision was in accordance with the law and whether it was compatible with the Human Rights Act Convention rights), other decision letters may be subject to scrutiny at Judicial Review (see separate instructions) if there is no avenue of appeal. In addition some cases may even go to Judicial Review after the case has been heard by a support adjudicator.

10. JUDICIAL REVIEW

10.1 NASS decisions may be judicially reviewed (see separate instructions and above). As a general rule it will be HEO's or above who will have the responsibility for dealing with threats of Judicial Review or cases where permission for a Judicial Review has been granted.

10.2 The leaflet "The Human Rights Act 1999 Guidance for Departments", which was handed out to all NASS staff who attended the IND Human Rights Act training contains important information concerning Judicial Review and the Human Rights Act.

11. COMPENSATION

11.1 The introduction of the Human Rights Act allows the courts to award compensation when a public authority makes a decision which breaches the Convention Rights. In terms of NASS decisions, Support Adjudicators, or High Court (if it is a Judicial Review) may determine that a NASS case-worker's decision was a breach of a Convention right. However in order to obtain compensation the "victim" would have to pursue their case at the County Court..

ANNEXES

Annex A

Glossary of terms

convention rights

are defined under the Act, but consists of the rights set out in Annex B.

declaration of incompatibility

a higher court (defined below) may give a declaration of incompatibility where it finds that a provision of primary legislation (or inevitably incompatible subordinate legislation) is incompatible with a Convention right. A declaration does not affect the validity and continuing operation or enforcement of the legislation. It triggers a power to make a remedial order to amend the incompatible legislation. This is defined in the Act.

higher court

a higher court can make a declaration of incompatibility under the Act. The higher courts are the High Court, the Court of Appeal, the House of Lords, the Judicial Committee of the Privy Council, the Courts-Martial Appeal Court, and, in Scotland, the High Court of Justiciary (sitting as a court of criminal appeal) and the Court of Session. These courts are listed in section 4 of the Act.

inevitably incompatible subordinate legislation

subordinate legislation which is incompatible with a Convention right but where primary legislation prevents the removal of the incompatibility.

in accordance with the law

the restriction created must be governed by legal rules (including the common law), which are sufficiently clear and accessible to enable the individual to discover what the rules are and mean. This prevents a State from making up the rules as it goes along. This is a Convention term.

margin of appreciation

the Strasbourg Court supervises the State’s application of the Convention. In carrying out its supervision it affords a State a margin of appreciation. This means that the State must act reasonably, but the Strasbourg Court will not substitute its own view for that of the State except where the State steps outside these bounds. This is an expression found in the case-law of the Strasbourg Court.

necessary in a democratic society

the restriction must meet a pressing social need and be proportionate. This is a Convention term.

positive obligation

this is an obligation on the State to secure the rights under the Convention, particularly to secure they are met in relations between two private individuals. This is an expression found in the case-law of the Strasbourg Court.

prescribed by law

see in accordance with the law.

proportionate

there must be a reasonable relationship between the aim to be achieved and the means used. This is an expression found in the case-law of the Strasbourg Court.

remedial orders

orders made under the Human Rights Act to bring legislation into line with the Convention after a court judgement. This is defined in the Act.

statement of compatibility

statement given under the Human Rights Act before Second Reading of a Bill to say that the provisions of the Bill are compatible with the Convention rights. This is defined in the Act.

subordinate legislation

this includes Orders, Orders in Council, regulations, rules, bye-laws, Acts of the Scottish Parliament or Northern Ireland Assembly. The term is defined in the Act and the Act must be referred to for a full explanation of this term.

ultra vires

literally "beyond the power" - the phrase describes action taken by a body which is outside its legal powers.

Annex B

The Convention Rights

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:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

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:

(a) 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;

(b) 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;

(d) 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:

(a) the lawful detention of a person after conviction by a competent court;

(b) 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;

(c) 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;

(d) 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;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound minds, alcoholics or drug addicts or vagrants;

(f) 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. Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests 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:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b) to have adequate time and facilities for the preparation of his defence;

(c) 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;

(d) 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;

(e) 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.

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

Everyone has the right to respect for his private and family life, his home and his correspondence.

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.

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.

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.

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 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.