ABSTRACT
The close interconnection between the UDHR1 and the Convention for the Protection of Human Rights and Fundamental Freedoms,2 generally known as the European Convention on Human Rights (ECHR/Convention), is clearly expressed in the preamble to the latter treaty. The signatory states begin by ‘considering the UDHR’ and, ‘being resolved, as the governments of European countries which are like-minded 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’, agree to respect the rights and freedoms elaborated in the ECHR. If we compare the ECHR guarantees with those contained in the UDHR, we see that Article 2 (right to life) of the ECHR replicates, in greater detail, the first element of Article 3 of the UDHR. Article 3 of the ECHR (prohibition of torture) contains almost identical wording to that of Article 5 of the UDHR. Article 4 (prohibition of slavery and forced labour) of the ECHR proscribes, at greater length, the content of Article 4 of the UDHR. Article 5 of the ECHR (right to liberty and security) repeats, again in a more elaborate form, the latter part of Article 3 and twothirds of Article 9 of the UDHR. Article 6 (right to a fair trial) of the ECHR covers the same rights as Article 10 and Article 11(1) of the UDHR, while Article 7 (no punishment without law) of the ECHR encompasses Article 11(2) of the UDHR. Article 8 of the ECHR (right to respect for private and family life) safeguards the rights in Article 12 of the UDHR, with the latter’s protection of a person’s reputation falling under Article 10 of the ECHR. Article 9 (freedom of thought, conscience and religion) of the ECHR uses almost identical terminology to Article 18 of the UDHR. Article 10 of the ECHR (freedom of expression) covers the same matters as Article 19 of the UDHR. Article 11 of the ECHR (freedom of assembly and association) elaborates the rights contained in Article 20(1) and Article 23(4) (right to form and join trade unions) of the UDHR. Article 12 of the ECHR (right to marry) is similar to the first element of Article 16(1) of the UDHR. Article 13 of the ECHR requires all member states to establish effective domestic remedies for everyone whose rights and freedoms under the ECHR have been violated, while Article 8 of the UDHR provides for such remedies in respect of violations of fundamental rights derived from the constitution or law. Article 14 of the ECHR prohibits discrimination in the enjoyment of the rights and freedoms defined in the ECHR; likewise, Article 2 of the UDHR states that ‘everyone is entitled to all the rights and freedoms set forth in this Declaration without distinction of any kind.’. Both Article 17 of the ECHR and Article 30 of the UDHR state that nothing in the respective instruments provides any right for persons, groups or states to engage in any activity aimed at the destruction of the rights and freedoms elaborated in the convention and declaration respectively.
