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郭国汀律师专栏
·郭国汀坎坷律师路(9):孤独的长跑者
·郭国汀坎坷律师路(10):为法治而战
·郭国汀坎坷律师路(11):冤杀的「恶霸」
·郭国汀坎坷律师路(12):哲思飞天
·郭国汀坎坷律师路(13):我的精神病院生涯真相
·《我的二十年律师生涯》—与《中国律师网》网友们的对话
·New York Time A Mild Shanghai Lawyer and His Accidental Crusade
·Guoting(Thomas) Guo's Resume
·A Chinese Human Right lawyer’s story by Guo Guoting
·My life mission , to help my country to set up the true rule of law. By Guo Guoting
·New York Judge interview with Thomas G.Guo( Guo Guoting)
·China Human Right report 2005
·Is there human rights in China?
·Thomasguo 's speech on the searching Justice conference
·My Human Rights Lawyer’s Career (Profile)
·Index of Guo’s on Articles and Activity of Human Rights
·rticles written by and about Guo Guoting and International Report links
·Index of Guo’s works and articles on advocating freedom, human rights, democracy
·A Mild Shanghai Lawyer and His Accidental Crusade
·郭国汀从最佳海事律师到人权律师 【人物】
***政治学研究
·政治的基本概念
·正义的学说
·正义的第一原则:政治权力的合法性
·正义概念的进化与发展
·人民反抗暴政的革命权利
·当代世界政治现状
·独裁专权(即威权)与独裁统治及极权暴政
·政治权力的限制与平衡原理
·政治文化与政治
·什么是政治形态
·民主法治及权力
·True meaning of the Republicanism
·Judicial Independence and Canadian Judges
·如何制约流氓暴君下屠杀令扑灭宪政民主大革命?
·关于成立临时或流亡政府我的原则与立场
·公平游戏规则公平竞争是第一价值原则
·中国民主运动要不要遵守公平游戏规则?
·中国民运长期四分五裂的根源何在?
·郭国汀:唯有程序正义才能根治中国民运四分五裂顽症
·民运内部必须是平等尊重基础上充分争论协商妥协式的真诚合作
·自私是否人的本性?
·暴君与暴政
·暴力革命与和平演变的前提与条件
·关于暴力革命答深山质疑
·勇敢地参政议政吧!中国律师们!/郭国汀
·语言风格——关于袁红冰改良还是革命的争论
·就袁红冰之《改良还是革命》与申先生的论战/郭国汀
·英雄人格哲学—袁红冰《自由在落日中》读后
·划时代的政论——简评袁红冰《改良,还是革命?》
·为什么袁红冰之《改良,还是革命?》是划时代的政论?
·再论政治案低调消音妥协辩护论的严重危害性
·再论政治案件低调消音妥协辩护论的危害性引起争论
·政治案辩护律师的最佳策略
·驳政治肮脏论
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
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欧洲保护人权和基本自由公约(1950)

欧洲保护人权和基本自由公约(1950)
   European Convention for the Protection of Human Rights and Fundamental Freedoms
   as amended by Protocol No. 11

   Rome, 4.XI.1950
   The text of the Convention had been amended according to the provisions of Protocol No. 3 (ETS No. 45), which entered into force on 21 September 1970, of Protocol No. 5 (ETS No. 55), which entered into force on 20 December 1971 and of Protocol No. 8 (ETS No. 118), which entered into force on 1 January 1990, and comprised also the text of Protocol No. 2 (ETS No. 44) which, in accordance with Article 5, paragraph 3 thereof, had been an integral part of the Convention since its entry into force on 21 September 1970. All provisions which had been amended or added by these Protocols are replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force on 1 November 1998. As from that date, Protocol No. 9 (ETS No. 140), which entered into force on 1 October 1994, is repealed and Protocol No. 10 (ETS No. 146) has lost its purpose.
   
   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 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,
   Have agreed as follows:
   Article 1 – Obligation to respect human rights 1
   The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
   Section I – Rights and freedoms 1
   Article 2 – Right to life1
   1. 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 this penalty is provided by law.
   2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
   a. in defence of any person from unlawful violence;
   b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
   c. in action lawfully taken for the purpose of quelling a riot or insurrection.
   Article 3 – Prohibition of torture1
   No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
   Article 4 – Prohibition of slavery and forced labour1
   1. No one shall be held in slavery or servitude.
   2. No one shall be required to perform forced or compulsory labour.
   3. For the purpose of this article the term "forced or compulsory labour" shall not include:
   a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
   b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
   c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
   d. any work or service which forms part of normal civic obligations.
   Article 5 – Right to liberty and security1
   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 reasonable 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.
   Article 6 – Right to a fair trial1
   1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
   2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
   3. Everyone charged with a criminal offence has the following minimum rights:
   a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
   b. to have adequate time and facilities for the preparation of his defence;
   c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
   d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
   e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
   Article 7 – No punishment without law1
   1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

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