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]. 65

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents