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Inhoudsopgave
Convention for the Protection of Human Rights and Fundamental Freedoms
+ Article 1. - Obligation to respect human rights
Article 2. - Right to life
Article 3. - Prohibition of torture
Article 4. - Prohibition of slavery and forced labour
Article 5. - Right to liberty and security
Article 6. - Right to a fair trial
Article 7. - No punishment without law
Article 8. - Right to respect for private and family life
Article 9. - Freedom of thought, conscience and religion
Article 10. - Freedom of expression
Article 11. - Freedom of assembly and association
Article 12. - Right to marry
Article 13. - Right to an effective remedy
Article 14. - Prohibition of discrimination
Article 15. - Derogation in time of emergency
Article 16. - Restrictions on political activity of aliens
Article 17. - Prohibition of abuse of rights
+ Article 18. - Limitation on use of restrictions on rights
Article 19. - Establishment of the Court
Article 20. - Number of judges
Article 21. - Criteria for office
Article 22. - Election of judges
Article 23. - Terms of office and dismissal
Article 24. - Registry and rapporteurs
Article 25. - Plenary Court
Article 26. - Single-judge formation, committees, Chambers and Grand Chamber
Article 27. - Competence of single judges
Article 28. - Competence of committees
Article 29. - Decisions by Chambers on admissibility and merits
Article 30. - Relinquishment of jurisdiction to the Grand Chamber
Article 31. - Powers of the Grand Chamber
Article 32. - Jurisdiction of the Court
Article 33. - Inter-State cases
Article 34. - Individual applications
Article 35. - Admissibility criteria
Article 36. - Third-party intervention
Article 37. - Striking out applications
Article 38. - Examination of the case
Article 39. - Friendly settlements
Article 40. - Public hearings and access to documents
Article 41. - Just satisfaction
Article 42. - Judgments of Chambers
Article 43. - Referral to the Grand Chamber
Article 44. - Final judgments
Article 45. - Reasons for judgments and decisions
Article 46. - Binding force and execution of judgments
Article 47. - Advisory opinions
Article 48. - Advisory jurisdiction of the Court
Article 49. - Reasons for advisory opinions
Article 50. - Expenditure on the Court
+ Article 51. - Privileges and immunities of judges
Article 52. - Enquiries by the Secretary General
Article 53. - Safeguard for existing human rights
Article 54. - Powers of the Committee of Ministers
Article 55. - Exclusion of other means of dispute settlement
Article 56. - Territorial application
Article 57. - Reservations
Article 58. - Denunciation
Article 59. - Signature and ratification
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Geschiedenis

Geschiedenis-overzicht

Artikel 5 Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden, Rome, 04-11-1950

Bwb-id:
Officiele titel:
Citeertitel:
Ook bekend als:
Soort regeling:
Wetsfamilies:
Eerst verantwoordelijk ministerie:

Geldigheidsdatum:
Ingangsdatum:
The Governments signatory hereto, being Members of the Council of Europe,
Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10th December 1948;
Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;
Considering that the aim of the Council of Europe is the achievement of greater unity between its Members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of Human Rights and Fundamental Freedoms;
Reaffirming their profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend;
Being resolved, as the Governments of European countries which are likeminded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the Rights stated in the Universal Declaration;
Have agreed as follows:
1.
Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonabel suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
2.
Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3.
Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4.
Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5.
Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.