| Human Rights Act 1998 |
| 1998 Chapter 42 - continued |
|
| back to
previous text |
 |
|
| |
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. |
| |
|
|
| |
 
|
| |
Other UK
Acts | Home | Scotland
Legislation | Wales
Legislation | Northern
Ireland Legislation | Her
Majesty's Stationery Office |
|