| ANNEX
1: The Convention Rights |
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| The
"Convention rights" which apply under the
Scotland Act and the Human Rights Act are as follows: |
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| THE CONVENTION |
| Rights and Freedoms |
| Article 2 |
| Right to
life |
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| 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. |
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| 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. |
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| Article 3 |
| Prohibition
of torture |
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| No one shall
be subjected to torture or to inhuman or degrading
treatment or punishment. |
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| Article 4 |
| Prohibition
of slavery and forced labour |
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| 1. No one
shall be held in slavery or servitude. |
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| 2. No one
shall be required to perform forced or compulsory labour. |
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| 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; |
| (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. |
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| Article 5 |
| Right to
liberty and security |
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| 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
mind, 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. |
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|
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.
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| 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. |
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| 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. |
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| 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. |
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| Article 6 |
| Right to a
fair trial |
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| 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.
Judgment shall be pronounced publicly but the press and
public may be excluded from all or part of the trial in
the interest 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. |
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| 2. Everyone
charged with a criminal offence shall be presumed
innocent until proved guilty according to law. |
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| 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. |
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| Article 7 |
| No
punishment without law |
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| 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. |
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| 2. 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. |
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| Article 8 |
| Right to
respect for private and family life |
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| 1. Everyone
has the right to respect for his private and family life,
his home and his correspondence. |
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| 2. 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. |
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| Article 9 |
| Freedom of
thought, conscience and religion |
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| 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. |
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| 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. |
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| Article 10 |
| Freedom of
expression |
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| 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. |
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| 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. |
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| Article 11 |
| Freedom of
assembly and association |
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| 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. |
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| 2. 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. |
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| Article 12 |
| Right to
marry |
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| 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. |
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| Article 14 |
| Prohibition
of discrimination |
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| 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. |
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| Article 16 |
| Restrictions
on political activity of aliens |
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| 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. |
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| Article 17 |
| Prohibition
of abuse of rights |
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| 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. |
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| Article 18 |
| Limitation
on use of restrictions on rights |
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| 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. |
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| THE FIRST PROTOCOL |
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| Article 1 |
| Protection
of property |
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| 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. |
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| Article 2 |
| Right to
education |
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| 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. |
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| Article 3 |
| Right to
free elections |
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| 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. |
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| THE SIXTH PROTOCOL |
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| Article 1 |
| Abolition of
the death penalty |
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| The death
penalty shall be abolished. No one shall be condemned to
such penalty or executed. |
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| Article 2 |
| Death
penalty in time of war |
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| A State may
make provision in its law for the death penalty in
respect of acts committed in time of war or of 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. |
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| Note: The United Kingdom has made a
derogation from the Convention in relation to terrorism
and a reservation to the First Protocol in relation to
education. The terms of the derogation and the
reservation are set out in full at Schedule 3 to the
Human Rights Act 1998. |
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