Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
territorial application, reservations, denunciations, signature, and ratification.
The Convention is included as Appendix No. 1 of this Guide and can also be accessed online.32
The substantive rights and freedoms guaranteed by the Convention are set out in
Articles 2–14 of the Convention. They are:
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Article 2 Right to life;
Article 3 Prohibition of torture;
Article 4 Prohibition of slavery and forced labour;
Article 5 Right to liberty and security;
Article 6 Right to a fair trial;
Article 7 No punishment without law;
Article 8 Right to respect for private and family life;
Article 9 Freedom of thought, conscience and religion;
Article 10 Freedom of expression ;
Article 11 Freedom of assembly and association;
Article 12 Right to marry;
Article 13 Right to an effective remedy;
Article 14 Prohibition of discrimination.
These Articles are declaratory in the sense that they do not, on their own, impose
any obligations on the Contracting Parties. For example, Article 3 of the Convention
simply states: “No one shall be subjected to torture or to inhuman and degrading
treatment or punishment”; it does not expressly bestow on the Contracting Parties
an obligation to ensure, for example, that no one is subjected to torture. Rather, as
some commentators have stated, “[i]t is Article 1 which transforms this declaration
of rights into a set of obligations for the States which ratify the Convention”.33
Pursuant to Article 1 of the Convention, Contracting Parties undertake to secure to everyone within their jurisdiction the rights and freedoms set out in the
Convention. Difficulties which have arisen in establishing the boundaries of the
Contracting Parties’ “jurisdiction” within the meaning of this Article have been
resolved by the Court in its case law.
Under Article 32, the Court’s jurisdiction extends to all matters concerning the
interpretation and application of the Convention and the Protocols. Because the
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The Convention and its Protocols can be accessed at: http://www.echr.coe.int/Pages/home.aspx?p=basictexts&c= (last visited 23 July 2014).
See Robin C. A. White and Clare Ovey, Jacobs & White: The European Convention on Human Rights, 5th
edition, Oxford University Press, 2010, p. 84.
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