Human Rights& Civil Liberties:
Human Rights Act 1998
Evolves around domestic incorporation of international treaties/agreements
Based on European convention of Human rights- treaty by which states agree to certain
min. standard of treatment
ECHR was adopted by council of Europe
o Was regional organization created in 1949
o Broad political, economic, social and cultural competences
o Currently 47 states
o Includes safeguarding values that constitute the common heritage of the EU peoples
(human rights, democracy)
o Don’t confuse with EU; no connection
ECtHR:
Located in Strasbourg
Adopted into law, entered into force in 1953
Drafting precedent- UN declaration of Human rights (1948)- not a legally binding
agreement which is adopted by the ECHR as a guideline
All states need to approve a new treaty; min. number of 10 states
Human rights:
o Article 2- right to life,
o Article 3- protection against torture,
o Article 4- prohibition of slavery,
o Article 5- right to liberty and security,
o Article 6- fair trial,
o Article 7- non-retroactivity of criminal law,
o Article 8-respect for privacy and family life,
o Article 9-freedom of conscience and religion,
o Article 10- freedom of expression,
o Article 11- freedom of association,
o Article 12- right to marry,
o Article 13- right to an effective remedy,
o Article 14- non-discrimination in the enjoyment of ECHR rights, not a standing right
Further rights added by additional protocols-
Protocol 1- right to property, right to education, free elections (adopted in UK)
Protocol 4- (not adopted in UK) liberty of movement and freedom to choose one’s
residence, prohibition of collective expulsions of aliens, prohibition of a State's expulsion
of a national
Hence not binding in UK, but protocol 4 might still be complied with in UK due to
international law
Further additions: restriction of death penalty to wartime& complete abolition of death
penalty
Act that integrated ECHR into UK law: Human Rights Act 1988
Human Rights Act 1998
Evolves around domestic incorporation of international treaties/agreements
Based on European convention of Human rights- treaty by which states agree to certain
min. standard of treatment
ECHR was adopted by council of Europe
o Was regional organization created in 1949
o Broad political, economic, social and cultural competences
o Currently 47 states
o Includes safeguarding values that constitute the common heritage of the EU peoples
(human rights, democracy)
o Don’t confuse with EU; no connection
ECtHR:
Located in Strasbourg
Adopted into law, entered into force in 1953
Drafting precedent- UN declaration of Human rights (1948)- not a legally binding
agreement which is adopted by the ECHR as a guideline
All states need to approve a new treaty; min. number of 10 states
Human rights:
o Article 2- right to life,
o Article 3- protection against torture,
o Article 4- prohibition of slavery,
o Article 5- right to liberty and security,
o Article 6- fair trial,
o Article 7- non-retroactivity of criminal law,
o Article 8-respect for privacy and family life,
o Article 9-freedom of conscience and religion,
o Article 10- freedom of expression,
o Article 11- freedom of association,
o Article 12- right to marry,
o Article 13- right to an effective remedy,
o Article 14- non-discrimination in the enjoyment of ECHR rights, not a standing right
Further rights added by additional protocols-
Protocol 1- right to property, right to education, free elections (adopted in UK)
Protocol 4- (not adopted in UK) liberty of movement and freedom to choose one’s
residence, prohibition of collective expulsions of aliens, prohibition of a State's expulsion
of a national
Hence not binding in UK, but protocol 4 might still be complied with in UK due to
international law
Further additions: restriction of death penalty to wartime& complete abolition of death
penalty
Act that integrated ECHR into UK law: Human Rights Act 1988
