Compendium of Standards, Good Practices and Recommendations
Box 4.4 Restrictions under Articles 8-11 of the ECHR
Permitted
grounds for
restriction
Convention right
Respect for
private life (Article
8)
National security
Public safety
✓
✓
Public order
Economic well-being
Prevention of disorder
or crime
Freedom of
thought,
conscience and
religion or belief
(Article 9)
✓
✓
✓
✓
Freedom of
expression (Article
10)
Freedom of
assembly and
association
(Article 11)
✓
✓
✓
✓
✓
✓
Protection of health or
morals
✓
✓
✓
✓
Protection of the
rights and freedoms of
others
✓
✓
✓
✓
Protecting territorial
integrity
✓
Preventing disclosure
of information
received in confidence
✓
Protecting the
reputation of others
✓
Maintaining authority
and impartiality of the
judiciary
✓
In addition, Article 11 on the right to freedom of assembly and association provides that “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” (see “Chapter
7: Military Unions and Associations”). Moreover, Article 14 of the ECHR prohibits discrimination
in the enjoyment of all Convention rights 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”. A similar stand-alone non-discrimination principle may be found
in Protocol 12 to the Convention.
Similarly, to conform to the right to a fair trial under Article 6 of the ECHR, military justice must
operate through “an independent and impartial tribunal established by law” [emphasis added].
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