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Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and needs of other people or the greater public interest. Article 15(2) of the European Convention on Human Rights makes no provision for derogation from Article 3, even in times of war or other public emergency threatening the life of the nation.
Article 3 prohibits the expulsion of nationals and provides for the right of an individual to enter a country of their nationality. Article 4 prohibits the collective expulsion of foreigners. [61] Turkey and the United Kingdom have signed but never ratified Protocol 4. Greece and Switzerland have neither signed nor ratified this protocol. [62]
Under the European Convention on Human Rights, admissibility governs whether an individual or inter-State application will be accepted for consideration on the merits and progress to a full case.
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Pages in category "Article 3 of the European Convention on Human Rights" The following 29 pages are in this category, out of 29 total. This list may not reflect recent changes .
A litigant who has been granted a declaration of incompatibility may receive monetary compensation in accordance with the principles of just satisfaction under Article 41 of the convention, but the award of such compensation is entirely within the discretion of the Government. [5] The Convention itself is set out in Schedules 1-4 of the Act. [6]
– What is the ECHR? After the darkest days of the Second World War, political leaders including Winston Churchill advocated for a Council of Europe (CoE) to oversee a charter of human rights.
ECHR Right of petition to ECtHR Protocol 1 (Rights to property, education and elections) Protocol 4 (Civil imprisonment, freedom of movement, expulsion) Protocol 6 (Prohibition of death penalty in peacetime) Protocol 7 (Fair trial rights, spousal equality) Protocol 12 (Right of non-discrimination)