ABSTRACT
The philosophy underlying the European Convention is alluded to in the Preamble; the draftsmen reaffirm ‘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’. The Convention4 sets out a number of civil and political rights and requires state parties to secure such rights to everyone within their jurisdiction. The rights reflect the basic civil and political rights, such as the right to life (Art 2)5 and the prohibition of torture or inhuman or degrading treatment or punishment (Art 3).6 The Convention outlaws slavery (Art 4) and provides for the right to liberty and security of the person (Art 5),7 as well as the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law (Art 6).8 The Convention further provides for the prohibition of retrospective criminal legislation (Art 7),9 while stipulating for the respect for privacy and family life, (Art 8)10 as well as for freedom
of thought and religion (Art 9). The draftsmen also stipulated for the right to freedom of expression (Art 10),12 the right to peaceful assembly and freedom of association (Art 11),13 the right to marry and found a family (Art 12),14 the right to an effective remedy before a national authority in the event of violation of a right stipulated under the Convention (Art 13)15 and the right to non-discrimination in the enjoyment of such rights (Art 14).16
