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Appendix I - The substantive Articles of the Convention

Published online by Cambridge University Press:  20 January 2022

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Summary

Article 1

Obligation to respect human rights

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

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;

  • (c) 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:

  • (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 the case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;

  • (c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;

  • (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;

Type
Chapter
Information
Disabled People and European Human Rights
A Review of the Implications of the 1998 Human Rights Act for Disabled Children and Adults in the UK
, pp. 113 - 119
Publisher: Bristol University Press
Print publication year: 2003

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