《Human rights under the European Convention》

CHAPTER 1 - INTRODUCTION1

ⅠTHE CONVENTION GENERALLY1

Ⅱ THE EUROPEAN COMMISSION OF HUMAN RIGHTS6

Ⅲ THE EUROPEAN COURT OF HUMAN RIGHTS8

Ⅳ REMEDY BEFORE NATIONAL AUTHORITY9

Ⅴ INTERFERENCE WITH HUMAN RIGHTS BY OTHER PERSONS10

Ⅵ WHETHER THE CONVENTION GUARANTEES POSITIVE RIGHTS12

Ⅶ RIGHT OF INDIVIDUAL PETITION13

Ⅷ EXHAUSTION OF DOMESTIC REMEDIES15

Ⅸ SIX MONTHS' TIME LIMIT20

Ⅹ ADMISSIBILITY OF PETITIONS20

ⅩⅠ INADMISSIBILITY RATIONE TEMPORIS22

ⅩⅡ INADMISSIBILITY RATIONE PERSONAE23

ⅩⅢ INADMISSIBILITY RATIONE MATERIAE23

ⅩⅣ INADMISSIBILITY RATIONE LOCI26

ⅩⅤ INTERPRETATION OF THE EUROPEAN CONVENTION27

ⅩⅥ LIMITATIONS AND RESTRICTIONS ON THE RIGHTS GUARANTEED29

ⅩⅦ PURPOSE OF RESTRICTIONS32

ⅩⅧ DEROGATIONS33

ⅩⅨ OTHER INSTRUMENTS PROTECTING HUMAN RIGHTS36

The Universal Declaration of Human Rights36

The International Covenant on Economic,Social and Cultural Rights37

The International Covenant on Civil and Political Rights38

The European Social Charter41

NOTES44

CHAPTER 2 - RIGHTS PROTECTING LIFE AND PHYSICAL INTEGRITY61

ⅠRIGHT TO LIFE61

ⅡPROHIBITION OF TORTURE OR INHUMAN OR DEGRADING PUNISHMENT62

Treatment of persons arrested or detained64

Death sentence66

Harsh punishment66

"Sleeping hard"66

Solitary confinement67

Expulsion or extradition67

Discrimination based on race68

Administrative practice69

ⅢPROHIBITION OF SERVITUDE OR FORCED OR COMPULSORY LABOUR71

General remarks72

Forced or compulsory labour73

Limitations on the scope of Article 4(2)74

Application of the exceptions in a discriminatory manner77

NOTES78

CHAPTER 3 - RIGHTS PROTECTING FREEDOM AND SECURITY AND RIGHTS RELATING TO FAIR TRIAL83

ⅠRIGHT TO LIBERTY AND SECURITY OF PERSON83

General remarks84

Pre-trial police investigations85

Meaning of "liberty and security of person"85

"Lawful"87

Detention after conviction87

Arrest and detention for non-compliance with order of court,or to secure fulfilment of obligation88

Arrest or detention on reasonable suspicion89

Detention of a minor90

Detention for prevention of the spreading of infectious diseases,of persons of unsound mind,vagrants etc.90

Extradition91

Reasons for arrest91

Detention pending trial91

Trial within reasonable time92

Decided cases relating to application of Article 5(3)94

Release pending trial96

Proceedings to test the lawfulness of arrest or detention97

Compensation for arrest and detention that was in contravention of Article 598

ⅡFAIR AND PUBLIC HEARING99

Scope of the rights guaranteed under Article 6 of the Convention100

Access to court105

Civil rights and obligations108

Fair hearing112

Public hearing116

Length of proceedings117

End of the period under Article 6(1)118

Application of Article 6(1) in civil proceedings119

Reasonableness of the period under Article 6(1)119

Independent and impartial tribunal established by law123

Presumption of innocence125

Other rights of accused persons under paragraph (3) of Article 6 of the European Convention127

ⅢPROHIBITION OF RETROACTIVE APPLICATION OF CRIMINAL LAW131

Nullum crimen sine lege132

Statutory nature of offences132

Disciplinary offences134

War crimes and treason134

Ⅳ RIGHT TO LIBERTY OF MOVEMENT AND RESIDENCE134

Ⅴ PROHIBITION OF EXPULSION136

NOTES138

CHAPTER 4 - RIGHTS PROTECTING PRIVACY AND THE RIGHT TO MARRY153

ⅠRIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE,HOME AND CORRESPONDENCE153

General observations153

Respect for family life156

Right of spouse to enter the country where the other spouse is living,and expulsion of one of the spouses157

Prisoners' private and family life159

Respect for correspondence159

Restrictions under paragraph (2)161

Interference with the exercise of the right to private life161

Interference with the exercise of the right to family life163

Search of home and seizure of correspondence164

ⅡRIGHT TO MARRY165

Right to marry under international instruments165

Right to found a family166

Marriage according to the national laws166

NOTES168

CHAPTER 5 - RIGHTS SAFEGUARDING INTELLECTUAL AND POLITICAL ACTIVITIES173

ⅠFREEDOM OF THOUGHT,CONSCIENCE AND RELIGION173

General observations173

Decisions of the European Commission and Court of Human Rights on Article 9174

Limitations on the right to manifest one's religion or beliefs175

ⅡFREEDOM OF EXPRESSION176

General observations177

Freedom of the press,radio and television177

Licensing of broadcasting179

Freedom of opinion and information180

Freedom of criticism182

Permitted restrictions183

ⅢRIGHT TO EDUCATION188

Travaux preparatoires188

Right to education under international instruments189

Belgian Linguistic Cases190

Other decisions of the European Commission192

Rights of parents vis-a-vis education of their children192

Discrimination in education195

ⅣFREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION196

International instruments196

Scope of Article 11198

"For the protection of his interests"200

ⅤRIGHT TO ELECTIONS201

Right to elections under the International Covenant201

Free expression of the opinion of the people in the choice of the legislature202

Universal suffrage204

Disqualification from the vote205

Restrictions on the right to vote and to stand for elections206

NOTES208

CHAPTER 6 - SOCIAL AMD ECONOMIC RIGHTS AND THE RIGHT TO POSSESSIONS215

ⅠSOCIAL AND ECONOMIC RIGHTS UNDER INTERNATIONAL INSTRUMENTS215

ⅡRIGHT TO POSSESSIONS216

Meaning and scope of the right to possessions217

Deprivation of possessions219

Control of use of property in the general interest or to secure the payment of taxes220

NOTES223

CHAPTER 7 - PROHIBITION OF DISCRIMINATION225

ⅠRIGHT TO EQUALITY AND PROHIBITION OF DISCRIMINATION UNDER INTERNATIONAL INSTRUMENTS225

Ⅱ NON-DISCRIMINATION IN THE ENJOYMENT OF THE RIGHTS SET FORTH IN THE CONVENTION225

Ⅲ NON-DISCRIMINATION IN THE APPLICATION OF RESTRICTIONS227

Ⅳ REASONABLE DIFFERENTIATIONS228

NOTES233

CHAPTER 8 - CONCLUSIONS235

ⅠDEVELOPMENTS IN THE CONCEPT OF HUMAN RIGHTS235

Ⅱ METHODS OF INTERPRETATION235

Ⅲ IMPLIED RIGHTS236

Ⅳ INTERFERENCE WITH HUMAN RIGHTS BY OTHER PERSONS237

Ⅴ POSITIVE RIGHTS237

Ⅵ EXTRA-TERRITORIAL APPLICATION OF THE CONVENTION238

Ⅶ PROCEEDINGS IN THE FIELD OF PUBLIC LAW239

Ⅷ SOCIO-ECONOMIC REALITIES OF MEMBER STATES240

Ⅸ MODIFICATION OF EARLIER JURISPRUDENCE241

NOTES243

APPENDICES245

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS245

THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS248

FIRST PROTOCOL TO THE CONVENTION259

PROTOCOL NO.2261

PROTOCOL NO.3262

PROTOCOL NO.4263

PROTOCOL NO.5265

INTERNATIONAL COVENANT ON CIVL AND POLITICAL RIGHTS267

INTERNATIONAL COVENANT ON ECONOMIC,SOCIAL AND CULTURAL RIGHTS282

INDEX291