European Convention on Human Rights

See The ECHR and mental health law.

European Convention on Human Rights

ECHR section I: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 , 17 , 18

ECHR section II (Articles 19-51)

ECHR section III (Articles 52-59)

Protocols: 1, 4, 6, 7, 12, 13, 14

See also: Human Rights Act 1998

Convention for the Protection of Human Rights and Fundamental Freedoms

Article 1 – Obligation to respect human rights

Section I – Rights and freedoms

• Article 2 – Right to life
• Article 3 – Prohibition of torture
• Article 4 – Prohibition of slavery and forced labour
• Article 5 – Right to liberty and security
• Article 6 – Right to a fair trial
• Article 7 – No punishment without law
• Article 8 – Right to respect for private and family life
• Article 9 – Freedom of thought, conscience and religion
• Article 10 – Freedom of expression
• Article 11 – Freedom of assembly and association
• Article 12 – Right to marry
• Article 13 – Right to an effective remedy
• Article 14 – Prohibition of discrimination
• Article 15 – Derogation in time of emergency
• Article 16 – Restrictions on political activity of aliens
• Article 17 – Prohibition of abuse of rights
• Article 18 – Limitation on use of restrictions on rights

Section II – European Court of Human Rights

• Article 19 – Establishment of the Court
• Article 20 – Number of judges
• Article 21 – Criteria for office
• Article 22 – Election of judges
• Article 23 – Terms of office
• Article 24 – Dismissal
• Article 25 – Registry and legal secretaries
• Article 26 – Plenary Court
• Article 27 – Committees, Chambers and Grand Chamber
• Article 28 – Declarations of inadmissibility by committees
• Article 29 – Decisions by Chambers on admissibility and merits
• Article 30 – Relinquishment of jurisdiction to the Grand Chamber
• Article 31 – Powers of the Grand Chamber
• Article 32 – Jurisdiction of the Court
• Article 33 – Inter-State cases
• Article 34 – Individual applications
• Article 35 – Admissibility criteria
• Article 36 – Third party intervention
• Article 37 – Striking out applications
• Article 38 – Examination of the case and friendly settlement proceedings
• Article 39 – Finding of a friendly settlement
• Article 40 – Public hearings and access to documents
• Article 41 – Just satisfaction
• Article 42 – Judgments of Chambers
• Article 43 – Referral to the Grand Chamber
• Article 44 – Final judgments
• Article 45 – Reasons for judgments and decisions
• Article 46 – Binding force and execution of judgments
• Article 47 – Advisory opinions
• Article 48 – Advisory jurisdiction of the Court
• Article 49 – Reasons for advisory opinions
• Article 50 – Expenditure on the Court
• Article 51 – Privileges and immunities of judges

Section III – Miscellaneous provisions

• Article 52 – Inquiries by the Secretary General
• Article 53 – Safeguard for existing human rights
• Article 54 – Powers of the Committee of Ministers
• Article 55 – Exclusion of other means of dispute settlement
• Article 56 – Territorial application
• Article 57 – Reservations
• Article 58 – Denunciation
• Article 59 – Signature and ratification

Amendments

See also

• ECHR. Jonathan Sumption, 'Judgment call: the case for leaving the ECHR' (Spectator, 30/9/23) — Lord Sumption takes issue not with the text of the European Convention of Human Rights, which was agreed upon by the member states, but with the European Court of Human Rights - in particular, its "living instrument" doctrine through which he says it has "emancipated itself from the text and allowed itself to wander freely over the whole realm of social policy" and made law in a manner which lacks democratic legitimacy. He cites examples relating to territorial jurisdiction, binding interim orders, Article 8, and qualified convention rights. He concludes that the convention should be replaced with a domestic code of basic rights which would look very like it, and that our own courts, with their long tradition of defending fundamental rights and holding governments to account, can be trusted to enforce human rights. (Avoid paying by using the Archive link.)
  

External links

• Council of Europe website: ECHR text

• Council of Europe website: Fact sheets - including: Mental Health; Detention and Mental Health; Prisoners’ health rights; Detention conditions and treatment of prisoners.

LEGISLATION DATABASE

Type: Other🔍

Year: 1950🔍

Subject: Other useful legislation🔍

What links here:

• R (B) v Dr SS [2006] EWCA Civ 28
• MHA 1983 s2
• MHA 1983 s41
• MHA 1983 s29
• MHA 1983 s37
• Human Rights Act 1998
• MHA 1983 s58
• Article 1
• Article 2
• Article 3
• Article 4
• Article 5
• Article 6
• Article 7
• Article 8
• Article 9
• Article 10
• Article 11
• Article 12
• Article 13
• Article 14
• Article 15
• Article 16
• Article 17
• Article 18
• ECHR section II
• ECHR section III
• Protocol No 1
• Protocol No 4
• Protocol No 6
• Protocol No 7
• Protocol No 12
• Protocol No 13
• Protocol No 14
• R (MH) v Secretary of State for the Department of Health [2005] UKHL 60
• The ECHR and mental health law
• Key sources of information