Human Rights under the European Convention of Human Rights
Some of the areas covered by the Convention on Human Rights, and at which Prof. Asprogerakas – Grivas & Partners in Law offers support, are:


Right to life

Everyone's right to life shall be protected by law. Our company deals with cases of life deprivation.

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.


Prohibition of torture

Cases with individuals subjected to torture or to inhuman or degrading treatment or punishment.


Prohibition of slavery and forced labour

The firm deals with cases of slavery, servitude, or compulsory labour.
However 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;

Right to liberty and security
Our firm has experience in cases of liberty and security of person.
According to Article 5 of the Convention on Human Rights 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 fulfillment 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 unauthorized entry into
the country or of a person against whom action is being taken with a view to deportation
or extradition.

Right to a fair trial
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.

No punishment without law
According to Article 7 of Convention for the Protection of Human Rights, 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.

Right to respect for private and family life
Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Freedom of expression
Article 10 of the Convention for the Protection of Human Rights states that everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in the Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Prohibition of abuse of rights
Nothing in the Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

Protection of property
Regarding the protection of property, the Convention states that every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Prohibition of imprisonment for debt
No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual
obligation.

Freedom of movement

Everyone lawfully within the territory of a State shall, within that territory, have the right to
liberty of movement and freedom to choose his residence.

Everyone shall be free to leave any country, including his own.

No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
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