Context, Background and Institutions = 1
Context = 1
Is There a Hierarchy of Rights? = 6
The System of Protection = 8
Advisory Opinions of The European Court of Human Rights = 12
The Role of The Secretary-general of The Council of Europe = 14
The Commissioner for Human Rights = 16
Other Human Rights Instruments of The Council of Europe = 17
The Scope of The Convention = 18
General Scope of The Convention = 18
Temporal Scope = 21
The Concept of `jurisdiction' = 24
The Nature of a State's Positive Obligations = 28
Liability for Acts of International Organizations = 29
Liability for Acts of Private Persons = 31
Other Issues Relating to Territorial Scope = 32
The Status of The Convention in The United Kingdom = 34
Concluding Comment = 37
Principles of Interpretation = 38
Introduction = 38
Use of Travaux Preparatoires = 40
Different Language Versions = 41
Ordinary Meaning = 42
Context = 44
Object and Purpose = 45
The Principle of Effectiveness = 47
Comparative Interpretation = 48
An Integrated Approach to Interpretation = 50
Positive Obligations and Drittwirkung = 51
Approaches and Ideologies = 52
Conclusion = 54
The Right to Life = 56
Introduction = 56
Prohibition of Intentional Killing by The State = 57
Death in Custody and Forced Disappearance = 58
The Death Penalty and The Extraterritorial Application of The Right to Life = 61
The Positive Obligation to Protect Life = 62
The Duty to Investigate Suspicious Deaths = 65
Abortion and The Rights of The Unborn Child = 69
Euthanasia and The Quality of Life = 72
Concluding Comments = 73
Prohibition of Torture = 74
Introduction = 74
Defining The Terms = 75
Positive Obligations = 84
Evidential Issues = 86
Extraterritorial Effect = 88
Disappearances = 90
Destruction of Homes and Possessions = 92
Acts in The Course of Arrest and Police Detention = 92
Conditions of Detention = 94
Detention and Mental Disorder = 98
Admission and Immigration = 99
Deportation and Extradition = 101
Corporal Punishment = 106
European Convention for The Prevention of Torture = 107
Conclusion = 109
Protection from Slavery and Forced Labour = 110
Introduction = 110
Slavery Or Servitude = 111
Positive Obligations = 112
Forced Or Compulsory Labour = 112
Prison Labour = 116
Military Service = 117
Emergencies = 118
Civic Obligations = 119
Consent = 120
Personal Liberty and Security = 122
Introduction = 122
What Amounts to a Deprivation of Liberty? = 123
Deprivations of Liberty by Private Persons and Extraterritoriality = 126
The Lawfulness of The Deprivation of Liberty = 127
Detention on Remand = 129
Trial Within a Reasonable Time Or Release = 134
Detention After Conviction by a Competent Court: Article 5(1)(a) = 138
Detention of a Person for Failure to Comply With An Obligation Prescribed by Law: Article 5(1)(b) = 141
Detention of Minors: Article 5(1)(d) = 142
Vulnerable Groups: Article 5(1)(e) = 144
Detention in Connection With Deportation Or Extradition: Article 5(1)(f) = 148
Notification of The Reasons for Arrest Or Detention = 150
Testing The Legality of The Detention = 151
An Enforceable Right to Compensation = 155
Concluding Comments = 156
The Right to a Fair Trial in Civil and Criminal Cases = 158
Introduction = 158
The Scope of Article 6(1) = 159
Right of Access to Court = 170
The Effectiveness of Court Proceedings = 174
The Overall Requirements of a Fair Hearing = 175
The Specific Requirements of Article 6(1) = 181
Extra-territorial Effect = 189
Waiving Rights = 190
Concluding Comments = 190
Aspects of The Criminal Process = 192
Introduction = 192
The Scope of Article 6 Paragraphs (2) and (3) = 192
Fair Trial Guarantees in Criminal Cases = 193
The Principle of Legality = 209
Protocol7 = 215
Limitations Comment to Articles 8 11 = 218
Introduction = 218
Inherent Limitations = 219
Express Limitations: Some General Points = 220
A Required Legal Basis for The Interference = 223
Specified Legitimate Aims = 226
The Limitation Must Be Necessary in a Democratic Society = 232
The Political Activities of Aliens = 239
Concluding Remarks = 240
Protection of Private and Family Life = 241
Introduction = 241
Positive Obligations Under Article 8 = 242
Defining Private Life, Family Life, Home and Correspondence = 245
The Right to Marry and Found a Family = 250
Equality between Spouses = 253
Custody, Access and Care Proceedings = 254
Adoption = 259
Inheritance Rights = 261
Immigration Issues = 262
Personal Integrity = 268
Homosexuality = 270
Transsexuals = 274
Prisoners = 278
Housing and Planning Matters = 282
Environmental Rights = 284
Searches, Surveillance and Personal Records = 286
Access to Personal Records = 294
Privacy = 296
Concluding Comment = 298
Freedom of Thought, Conscience and Religion = 300
Introduction = 300
Who Is Protected? = 301
Defining Religion Or Belief = 302
General Policies Obstructing The Manifestation of Religion Or Belief = 305
Participation in National Life = 307
The Manifestation of Religion Or Belief = 308
Expression of Religion Or Belief by Prisoners = 311
Conscientious Objectors = 313
Concluding Comments = 316
Freedom of Expression = 317
Introduction = 317
What Constitutes An `interference' With Free Expression? = 318
Limitations on Freedom of Expression = 319
Incitement to Violence and Hate Speech = 320
Defamation and Insult = 323
Confidential Information = 330
Broadcasting = 331
Obscenity and Blasphemy = 332
Advertisements = 333
Concluding Comment = 334
Freedom of Assembly and Association = 335
Introduction = 335
Freedom of Assembly = 335
Freedom of Association = 336
Political Parties = 337
Trade Union Rights = 339
Freedom Not to Join An Association = 341
Restrictions on Particular Groups of Workers = 343
Concluding Comments = 344
Protection of Property = 345
Introduction = 345
Positive Obligations = 347
Defining Possessions = 349
Deprivation of Property = 358
Controlling The Use of Property = 370
Other Interferences With Peaceful Enjoyment of Possessions = 373
Concluding Comment = 375
The Right to Education = 376
Introduction = 376
Positive Obligations = 377
The Right to Education = 378
Safeguarding Pluralism in Education = 381
Education for Convicted Prisoners = 385
Concluding Comment = 386
The Right to Free Elections = 388
Introduction = 388
What Is The Legislature? = 390
Electoral Systems = 392
The Right to Vote = 394
The Right to Stand for Election = 396
Concluding Comment = 399
Freedom of Movement = 400
Introduction = 400
Movement and Residence = 401
The Prohibition of Expulsion of Nationals = 406
The Right of Entry to The Territory of The State of Nationality = 408
Prohibiting The Collective Expulsion of Aliens = 408
Expulsion Only to Follow Due Process = 410
Concluding Comment = 410
Freedom from Discrimination = 412
Introduction = 412
Positive Obligations = 414
Conceptual Issues = 415
The Court's Methodology = 419
Protocol 12: a General Prohibition of Discrimination = 429
Concluding Comments = 431
Abuses = 432
Introduction = 432
Prohibition of Abuse of Rights = 432
The Early Commission Decisions = 433
The Court's Case Law = 434
Limitation on Use of Restrictions on Rights = 436
Derogations in Emergency Situations = 439
Introduction = 439
Non-derogable Rights = 441
Substantive Requirements = 441
Procedural Requirements = 448
Reservations = 451
Introduction = 451
Reservations Made = 452
Interpretation of Reservations = 454
Concluding Comment = 458
The Right to An Effective Remedy = 459
Introduction = 459
What Is An Arguable Complaint? = 461
The Nature of The Remedies Required = 463
Violations by Persons in An Official Capacity = 470
Concluding Comment = 471
Proceedings before The Court = 472
Introduction = 472
Composition and General Procedure = 473
Procedure Prior to The Decision on Admissibility = 476
Examination of Admissibility: Procedural Issues = 478
Conditions of Admissibility = 482
Judgment = 489
Remedies Under Article 41 = 491
Concluding Comment = 492
The Role of The Committee of Ministers = 493
Introduction = 493
Composition and Procedure = 493
The Execution of Judgments = 496
Sanctions = 502
Concluding Comments = 506
Results and Prospects = 507
Introduction = 507
Results: Substantive Provisions = 509
Results: Procedural Provisions = 511
Prospects: Extending The Rights Protected = 512
Prospects: The Relationship With The European Union = 514
Prospects: Coping With The Increasing Workload = 519
Concluding Comments = 525
Appendix: Text of The European Convention As Modified by Protocol 11, Including Text of Protocol No. 14 = 526
Select Bibliography = 569
Index = 579
Context = 1
Is There a Hierarchy of Rights? = 6
The System of Protection = 8
Advisory Opinions of The European Court of Human Rights = 12
The Role of The Secretary-general of The Council of Europe = 14
The Commissioner for Human Rights = 16
Other Human Rights Instruments of The Council of Europe = 17
The Scope of The Convention = 18
General Scope of The Convention = 18
Temporal Scope = 21
The Concept of `jurisdiction' = 24
The Nature of a State's Positive Obligations = 28
Liability for Acts of International Organizations = 29
Liability for Acts of Private Persons = 31
Other Issues Relating to Territorial Scope = 32
The Status of The Convention in The United Kingdom = 34
Concluding Comment = 37
Principles of Interpretation = 38
Introduction = 38
Use of Travaux Preparatoires = 40
Different Language Versions = 41
Ordinary Meaning = 42
Context = 44
Object and Purpose = 45
The Principle of Effectiveness = 47
Comparative Interpretation = 48
An Integrated Approach to Interpretation = 50
Positive Obligations and Drittwirkung = 51
Approaches and Ideologies = 52
Conclusion = 54
The Right to Life = 56
Introduction = 56
Prohibition of Intentional Killing by The State = 57
Death in Custody and Forced Disappearance = 58
The Death Penalty and The Extraterritorial Application of The Right to Life = 61
The Positive Obligation to Protect Life = 62
The Duty to Investigate Suspicious Deaths = 65
Abortion and The Rights of The Unborn Child = 69
Euthanasia and The Quality of Life = 72
Concluding Comments = 73
Prohibition of Torture = 74
Introduction = 74
Defining The Terms = 75
Positive Obligations = 84
Evidential Issues = 86
Extraterritorial Effect = 88
Disappearances = 90
Destruction of Homes and Possessions = 92
Acts in The Course of Arrest and Police Detention = 92
Conditions of Detention = 94
Detention and Mental Disorder = 98
Admission and Immigration = 99
Deportation and Extradition = 101
Corporal Punishment = 106
European Convention for The Prevention of Torture = 107
Conclusion = 109
Protection from Slavery and Forced Labour = 110
Introduction = 110
Slavery Or Servitude = 111
Positive Obligations = 112
Forced Or Compulsory Labour = 112
Prison Labour = 116
Military Service = 117
Emergencies = 118
Civic Obligations = 119
Consent = 120
Personal Liberty and Security = 122
Introduction = 122
What Amounts to a Deprivation of Liberty? = 123
Deprivations of Liberty by Private Persons and Extraterritoriality = 126
The Lawfulness of The Deprivation of Liberty = 127
Detention on Remand = 129
Trial Within a Reasonable Time Or Release = 134
Detention After Conviction by a Competent Court: Article 5(1)(a) = 138
Detention of a Person for Failure to Comply With An Obligation Prescribed by Law: Article 5(1)(b) = 141
Detention of Minors: Article 5(1)(d) = 142
Vulnerable Groups: Article 5(1)(e) = 144
Detention in Connection With Deportation Or Extradition: Article 5(1)(f) = 148
Notification of The Reasons for Arrest Or Detention = 150
Testing The Legality of The Detention = 151
An Enforceable Right to Compensation = 155
Concluding Comments = 156
The Right to a Fair Trial in Civil and Criminal Cases = 158
Introduction = 158
The Scope of Article 6(1) = 159
Right of Access to Court = 170
The Effectiveness of Court Proceedings = 174
The Overall Requirements of a Fair Hearing = 175
The Specific Requirements of Article 6(1) = 181
Extra-territorial Effect = 189
Waiving Rights = 190
Concluding Comments = 190
Aspects of The Criminal Process = 192
Introduction = 192
The Scope of Article 6 Paragraphs (2) and (3) = 192
Fair Trial Guarantees in Criminal Cases = 193
The Principle of Legality = 209
Protocol7 = 215
Limitations Comment to Articles 8 11 = 218
Introduction = 218
Inherent Limitations = 219
Express Limitations: Some General Points = 220
A Required Legal Basis for The Interference = 223
Specified Legitimate Aims = 226
The Limitation Must Be Necessary in a Democratic Society = 232
The Political Activities of Aliens = 239
Concluding Remarks = 240
Protection of Private and Family Life = 241
Introduction = 241
Positive Obligations Under Article 8 = 242
Defining Private Life, Family Life, Home and Correspondence = 245
The Right to Marry and Found a Family = 250
Equality between Spouses = 253
Custody, Access and Care Proceedings = 254
Adoption = 259
Inheritance Rights = 261
Immigration Issues = 262
Personal Integrity = 268
Homosexuality = 270
Transsexuals = 274
Prisoners = 278
Housing and Planning Matters = 282
Environmental Rights = 284
Searches, Surveillance and Personal Records = 286
Access to Personal Records = 294
Privacy = 296
Concluding Comment = 298
Freedom of Thought, Conscience and Religion = 300
Introduction = 300
Who Is Protected? = 301
Defining Religion Or Belief = 302
General Policies Obstructing The Manifestation of Religion Or Belief = 305
Participation in National Life = 307
The Manifestation of Religion Or Belief = 308
Expression of Religion Or Belief by Prisoners = 311
Conscientious Objectors = 313
Concluding Comments = 316
Freedom of Expression = 317
Introduction = 317
What Constitutes An `interference' With Free Expression? = 318
Limitations on Freedom of Expression = 319
Incitement to Violence and Hate Speech = 320
Defamation and Insult = 323
Confidential Information = 330
Broadcasting = 331
Obscenity and Blasphemy = 332
Advertisements = 333
Concluding Comment = 334
Freedom of Assembly and Association = 335
Introduction = 335
Freedom of Assembly = 335
Freedom of Association = 336
Political Parties = 337
Trade Union Rights = 339
Freedom Not to Join An Association = 341
Restrictions on Particular Groups of Workers = 343
Concluding Comments = 344
Protection of Property = 345
Introduction = 345
Positive Obligations = 347
Defining Possessions = 349
Deprivation of Property = 358
Controlling The Use of Property = 370
Other Interferences With Peaceful Enjoyment of Possessions = 373
Concluding Comment = 375
The Right to Education = 376
Introduction = 376
Positive Obligations = 377
The Right to Education = 378
Safeguarding Pluralism in Education = 381
Education for Convicted Prisoners = 385
Concluding Comment = 386
The Right to Free Elections = 388
Introduction = 388
What Is The Legislature? = 390
Electoral Systems = 392
The Right to Vote = 394
The Right to Stand for Election = 396
Concluding Comment = 399
Freedom of Movement = 400
Introduction = 400
Movement and Residence = 401
The Prohibition of Expulsion of Nationals = 406
The Right of Entry to The Territory of The State of Nationality = 408
Prohibiting The Collective Expulsion of Aliens = 408
Expulsion Only to Follow Due Process = 410
Concluding Comment = 410
Freedom from Discrimination = 412
Introduction = 412
Positive Obligations = 414
Conceptual Issues = 415
The Court's Methodology = 419
Protocol 12: a General Prohibition of Discrimination = 429
Concluding Comments = 431
Abuses = 432
Introduction = 432
Prohibition of Abuse of Rights = 432
The Early Commission Decisions = 433
The Court's Case Law = 434
Limitation on Use of Restrictions on Rights = 436
Derogations in Emergency Situations = 439
Introduction = 439
Non-derogable Rights = 441
Substantive Requirements = 441
Procedural Requirements = 448
Reservations = 451
Introduction = 451
Reservations Made = 452
Interpretation of Reservations = 454
Concluding Comment = 458
The Right to An Effective Remedy = 459
Introduction = 459
What Is An Arguable Complaint? = 461
The Nature of The Remedies Required = 463
Violations by Persons in An Official Capacity = 470
Concluding Comment = 471
Proceedings before The Court = 472
Introduction = 472
Composition and General Procedure = 473
Procedure Prior to The Decision on Admissibility = 476
Examination of Admissibility: Procedural Issues = 478
Conditions of Admissibility = 482
Judgment = 489
Remedies Under Article 41 = 491
Concluding Comment = 492
The Role of The Committee of Ministers = 493
Introduction = 493
Composition and Procedure = 493
The Execution of Judgments = 496
Sanctions = 502
Concluding Comments = 506
Results and Prospects = 507
Introduction = 507
Results: Substantive Provisions = 509
Results: Procedural Provisions = 511
Prospects: Extending The Rights Protected = 512
Prospects: The Relationship With The European Union = 514
Prospects: Coping With The Increasing Workload = 519
Concluding Comments = 525
Appendix: Text of The European Convention As Modified by Protocol 11, Including Text of Protocol No. 14 = 526
Select Bibliography = 569
Index = 579