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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".
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.
The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession ...
Under the European Convention on Human Rights, admissibility governs whether an individual or inter-State application will be accepted for consideration on the merits and progress to a full case.
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]
Sections 4 and 10 of the Human Rights Act 1998 are provisions that enable the Human Rights Act 1998 to take effect in the United Kingdom. Section 4 allows courts to issue a declaration of incompatibility where it is impossible to use section 3 to interpret primary or subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights ...
ECHR Right of petition to ECtHR Protocol 1 (Rights to property, education and elections) Protocol 4 (Civil imprisonment, freedom of movement, expulsion) Protocol 6 (Prohibition of death penalty in peacetime) Protocol 7 (Fair trial rights, spousal equality) Protocol 12 (Right of non-discrimination)
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.