|
| |
S C H E D U L E S |
|
Schedule 1
|
| |
THE ARTICLES |
| |
PART I |
| |
THE CONVENTION |
| |
|
| |
RIGHTS
AND FREEDOMS |
| |
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 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;
|
| |
(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.
|
| |
2. 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.
|
| |
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.
|
| |
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.
|
| |
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.
|
| |
ARTICLE
6 |
| |
RIGHT
TO A FAIR TRIAL |
| |
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.
|
| |
2. Everyone
charged with a criminal offence shall be presumed innocent until
proved guilty according to law.
|
| |
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.
|
| |
ARTICLE
7 |
| |
NO
PUNISHMENT WITHOUT LAW |
| |
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.
|
| |
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.
|
| |
ARTICLE
8 |
| |
RIGHT
TO RESPECT FOR PRIVATE AND FAMILY LIFE |
| |
1. Everyone has
the right to respect for his private and family life, his home and
his correspondence.
|
| |
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.
|
| |
ARTICLE
9 |
| |
FREEDOM
OF THOUGHT, CONSCIENCE AND RELIGION |
| |
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.
|
| |
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.
|
| |
ARTICLE
10 |
| |
FREEDOM
OF EXPRESSION |
| |
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.
|
| |
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.
|
| |
ARTICLE
11 |
| |
FREEDOM
OF ASSEMBLY AND ASSOCIATION |
| |
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.
|
| |
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.
|
| |
ARTICLE
12 |
| |
RIGHT
TO MARRY |
| |
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. |
| |
ARTICLE
14 |
| |
PROHIBITION
OF DISCRIMINATION |
| |
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. |
| |
ARTICLE
16 |
| |
RESTRICTIONS
ON POLITICAL ACTIVITY OF ALIENS |
| |
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. |
| |
ARTICLE
17 |
| |
PROHIBITION
OF ABUSE OF RIGHTS |
| |
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. |
| |
ARTICLE
18 |
| |
LIMITATION
ON USE OF RESTRICTIONS ON RIGHTS |
| |
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. |