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Article 4 is an absolute right, which means it cannot be restricted. There is an absolute prohibition on slavery and servitude, under section (1), with no scope for derogation. Article 15(2) clarifies that there is no derogation from Article 4(1), even "in time of war or other public emergency threatening the life of the nation".
A litigant who has been granted a declaration of incompatibility may receive monetary compensation in accordance with the principles of just satisfaction under Article 41 of the convention, but the award of such compensation is entirely within the discretion of the Government. [5] The Convention itself is set out in Schedules 1-4 of the Act. [6]
Article 2 provides for the right to appeal in criminal matters. Article 3 provides for compensation for the victims of miscarriages of justice. Article 4 prohibits the re-trial of anyone who has already been finally acquitted or convicted of a particular offence (double jeopardy). Article 5 provides for equality between spouses.
Article 15 of the ECHR states: 1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other ...
The guarantees of ECHR Articles 8, 9, 10, and 11 are subject to whatever limitations may be "necessary in a democratic society," citing factors including national security, public safety, health and morals, and the rights and freedoms of others.
WASHINGTON (Reuters) -President-elect Donald Trump cannot ignore a law requiring Chinese-based ByteDance to divest its popular short video app TikTok in the U.S. by early next year or face a ban ...
CPM United Kingdom Ltd. - the court interpreted the meaning of Article 4 (4)(a) of the Trade Marks Directive. Joined cases C-446/09 and C-495/09 concerned the interpretation of EU legislation governing action by customs authorities against possible infringements of intellectual property rights when suspected goods were within the EU for ...
Article 5 of the European Convention on Human Rights (Art.5 ECHR for short) provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has not been subject to separate interpretation by the Court. Article 5 – Right to liberty and security