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Article 6 provides a detailed right to a fair trial. Article 7 provides for the principle of nulla poena sine lege, that there can be no punishment for behaviour which was not a criminal offence at the time of its admission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under their domestic law at the time, so long as it was prohibited by (possibly customary) international law. |
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Article 6 provides a detailed right to a fair trial. Article 7 provides for the principle of [nulla poena sine lege]?, that there can be no punishment for behaviour which was not a criminal offence at the time of its admission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under their domestic law at the time, so long as it was prohibited by (possibly customary?) international law. |
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Article 8 provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. This article clearly provides a right to be free of unlawful searches, but the European Court of Human Rights has given the protection for "private and family life" this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted a somewhat broad interpretation of the right to privacy. |
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Article 8 provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. This article clearly provides a right to be free of unlawful searches, but the Court has given the protection for "private and family life" this article provides a broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted a somewhat broad interpretation of the right to privacy. |
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Article 1 provides for the protection of property. Article 2 provides for the right to an education, and the right for parents to have their children educating in accordance with their religious and other views. Article 3 provides for the right to regular, free and fair elections. |
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