Rights Protected By The European Convention On Human Rights
Rights Protected by the European Convention on Human Rights
The rights regulated by the European Convention on Human Rights are set out in Articles 2 to 14 of the Convention.
Article: The obligation to respect human rights,
Article: The right to life,
Article: The prohibition of torture and inhuman or degrading treatment,
Article: The prohibition of slavery and forced labor,
Article: The right to liberty and security of person,
Article: The right to a fair trial,
Article: The principle that no one shall be held guilty of any criminal offense on account of any act or omission which did not constitute a criminal offense, or was not punishable under national or international law at the time when it was committed,
Article; The principle of respect for private and family life,
Article; Freedom of thought, conscience, and religion,
Article; Freedom of expression,
Article; Freedom of assembly and association,
Article; The right to marry,
Article; The right to an effective remedy,
Article; The prohibition of discrimination.
The rights protected by the additional protocols to the ECHR are as follows:
Protocol No. 1;
Protection of the right to property,
Right to education,
Right to free elections,
Protocol No. 4;
The right not to be deprived of liberty for debt,
The right to freedom of movement,
The prohibition of expulsion of citizens,
The prohibition of collective expulsion of foreigners,
Protocol No. 6;
The abolition of the death penalty
Under Protocol No. 7;
Procedural safeguards in relation to the expulsion of foreigners,
The right to a two-tier trial in criminal matters,
The right to compensation in the event of a miscarriage of justice,
The right not to be tried or punished twice for the same offense,
Equality between spouses.
Protocol No. 12;
General prohibition of discrimination.
The rights introduced by the additional protocols may be invoked against the states that have signed and ratified the protocols.
Legal Nature and Enforcement of ECHR Decisions
The European Court of Human Rights is not a court of appeal, i.e., it is not a court to which appeals are made. In other words, it is not a court of appeal for decisions made by national courts under national law. As a rule, the ECHR cannot overturn or amend national court decisions. The ECHR also has no authority to intervene directly with the contracting state to enforce the implementation of its decisions in favor of the applicant. However, considering both Article 90 of the Constitution and the obligations assumed by the contracting states, it is not possible for ECHR decisions not to be enforced.
Payment of Compensation Awarded by the ECHR
Compensation determined in ECHR decisions must be requested by submitting a petition to the Human Rights Directorate under the Ministry of Justice after the decisions become final. Upon request, the awarded compensation is deposited into the bank account specified by the applicant in their petition within three months.