Social Care Procurement Scotland: Guidance - Consultation Draft

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Appendix 5. European Convention on Human Rights [ ECHR]

Article 2 - Right to Life

Article 2 states that everyone's right to life must be protected by law. Article 2 also gives the right for an effective investigation if a family member dies in circumstances where the state might have had a part to play in their death. The same obligation applies if it is alleged that someone has died through the negligence or omission of a state body such as a hospital.

Article 3 - Freedom from Torture or Inhuman or Degrading Treatment

Article 3 states that everyone has the absolute right not to be tortured or subjected to treatment or punishment that is inhuman or degrading. Circumstances in which inhuman treatment or punishment can arise include serious physical assaults, inhuman detention conditions or restraints and the failure to provide or withdrawing proper medical help to a person with a serious illness.

Article 8 - Right to Respect for Private and Family Life

Article 8 states that everyone has the right to respect for their private and family life, their home and their correspondence. Article 8 places limits on the extent to which public authorities can do things which invade an individual's privacy.

Article 14 - Freedom from Discrimination

Article 14 states that, in the application of human rights, people have the right not to be treated differently because of their race, religion, sex, political views or any other personal status, unless there is an "objective justification" for the difference in treatment. The definition of "other status" includes disability and age.

Protocol 1 - Protection of Property

Under Protocol 1, everyone has the right to the peaceful enjoyment of their possessions.

Page updated: Wednesday, January 13, 2010