Category: Protected Rights

Right to Education Protocol 1 Article 2 of the European Convention on Human Rights declares that no person shall be denied the right to education.  In the exercise of any function that it assumes in relation to education and to teaching, the state shall respect the rights of parents to ensure such education and teaching […]

Property Protections Article 1 of the first protocol to the European Convention on Human Rights provides that every natural or legal person is entitled to the peaceful enjoyment of its possession. no one shall be deprived of its possessions except in the public interest and subject to the conditions provided for by law and the […]

Fair Trial in Public The European Convention on Human Rights provides for the right to a fair trial and a right not to be punished other than in accordance with law.  These rights run in parallel to the rights provided in the Irish Constitution.  See the chapter on the rights to due process and a […]

Freedom of Expression Article 10 provides that everyone has the right to freedom of expression.  The right shall include freedom to hold opinions and receive and impart information and ideas without interference from public authority and regardless of frontiers.  The article does not prevent States from requiring the licensing of broadcasting, television and cinema enterprises. […]

Freedom of Assoociaiton Protection for freedom of association covers a range of matters.  As with freedom of assembly, it imposes negative and positive obligations on states.  The negative obligation is not to interfere with the right.  The positive obligations may entail obligations to protect and support the right from interference by the state itself and […]

Freedom of Assembly Article 11 of the European Convention on Human Rights provides that everyone has the right to freedom of peaceful assembly and the freedom of association with others, including the right to form and join trade unions for the protection of his interest. The freedom upholds and complements freedom of expression. The state […]

Livelihood The right to a livelihood is not expressly recognised in the European Convention on Human Rights.  However, it is part of the bundle of rights protected by the guarantee of and protection for the peaceful enjoyment of one’s possessions. This includes the right to exercise a particular profession or trade without undue restriction. The […]

Family and Private Life The Article protects a number of specific aspects of privacy, namely family life, home and correspondence and private life.  It restricts arbitrary interference of those rights, for example, by surveillance and the interception of communications. Privacy is notoriously difficult to define and has many different facets.  States are given a margin […]

ECHR Article 8 The European Convention on Human Rights, Article 8, provides that every person has a right to respect for his private and family life, his home and correspondence. There should be no interference by a public authority with the exercise of this right, except where it is in accordance with the law and […]

Article 5 ECHR Everyone has the right to liberty and security of the person. The essence of the protection is that the detention should not be arbitrary. No one is to be deprived of this liberty save in the following cases and in accordance with a procedure prescribed by law: lawful detention of a person […]

ECHR Guarantee The European Convention on Human Rights Article 2 provides that everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law. However, […]

ECHR Equality Article 14 of the European Convention on Human Rights provides that the enjoyment of rights and freedom set forth in the Convention shall be secured without discrimination on any grounds such as sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or […]