ECHR Articles: Complete Guide to All Convention Rights

Complete List of ECHR Articles: All Rights Explained

The European Convention on Human Rights (ECHR) is the cornerstone of human rights protection across 46 member states of the Council of Europe, safeguarding over 700 million people. Understanding the full list of ECHR articles is essential if you believe your rights have been violated and you are considering filing a complaint with the European Court of Human Rights.

This comprehensive guide covers every ECHR article — what each one protects, whether the right is absolute or qualified, and key landmark cases decided by the Strasbourg court.

Table of All ECHR Articles (Articles 1–18)

The Most Important ECHR Articles Explained

ECHR Article 2 — Right to Life

Article 2 ECHR is one of the most fundamental rights in the Convention. It obliges states to protect life by law and prohibits intentional deprivation of life except in strictly defined circumstances (self-defence, lawful arrest, suppression of riot). Article 2 also imposes a positive obligation on states to investigate suspicious deaths. In McCann and Others v. the United Kingdom (1995), the Court found the UK violated Article 2 when SAS forces killed IRA suspects without adequate planning to minimise lethal force.

ECHR Article 3 — Prohibition of Torture

Article 3 is one of the very few absolute rights under the ECHR — it cannot be restricted or derogated from under any circumstances. It prohibits torture, inhuman treatment, and degrading treatment or punishment. This article is frequently invoked in extradition, deportation, and prison conditions cases. In Selmouni v. France (1999), the Court found police ill-treatment during interrogation constituted torture.

ECHR Article 5 — Right to Liberty and Security

Article 5 protects individuals from arbitrary detention. Lawful deprivation of liberty is permitted only in specific situations listed in Article 5(1), and any detained person must be promptly informed of the reasons for their detention and brought before a judge. This article is central to cases involving pre-trial detention, psychiatric detention, and immigration detention.

ECHR Article 6 — Right to a Fair Trial

ECHR Article 6 is among the most litigated articles before the Strasbourg court. It guarantees the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. It applies to both civil rights and criminal charges. Specific guarantees include the presumption of innocence, the right to legal assistance, and the right to examine witnesses.

ECHR Article 8 — Right to Private and Family Life

ECHR Article 8 protects four interconnected interests: private life, family life, home, and correspondence. It is a qualified right — interference by a public authority is permitted if it is prescribed by law, pursues a legitimate aim, and is necessary in a democratic society. Article 8 covers surveillance, data protection, immigration and deportation affecting family life, parental rights, and sexual identity.

ECHR Article 10 — Freedom of Expression

Article 10 protects the right to hold opinions and receive and impart information and ideas without interference by public authorities. This freedom extends to journalists, politicians, artists, and ordinary citizens. In Handyside v. the United Kingdom (1976), the Court established the “margin of appreciation” doctrine — that states have some discretion in restricting speech, but restrictions must be proportionate.

ECHR Protocol Rights: Extended Protections

Absolute, Qualified, and Limited Rights: What’s the Difference?

Not all ECHR articles carry the same legal weight. Understanding the categories is crucial when assessing whether your rights have been violated:

• Absolute rights (e.g., Articles 3, 7, 17): Cannot be restricted by the state under any circumstances, including national emergencies. Any violation automatically constitutes a breach.
• Qualified rights (e.g., Articles 8, 9, 10, 11): Can be interfered with by states, but only if the interference is (1) prescribed by law, (2) pursues a legitimate aim, and (3) is necessary and proportionate in a democratic society.
• Limited rights (e.g., Articles 2, 5): Permit specific, exhaustively listed exceptions set out in the Convention itself.

How to Know If Your ECHR Article Rights Have Been Violated

Before bringing a case to the European Court of Human Rights, you must demonstrate that a state — a member state of the Council of Europe — is responsible for the violation of one or more ECHR articles. Key questions to consider:

1. Which specific article has been violated?
2. Have you exhausted all domestic remedies (courts, appeals, ombudsmen)?
3. Are you within the 4-month time limit from the final domestic decision?
4. Are you the direct victim of the violation?
5. Did you suffer a significant disadvantage?

Our team specialises in ECHR admissibility analysis — we assess your case against all criteria before you invest time and resources in a formal application.

Need Help With an ECHR Case?

Understanding which ECHR article applies to your situation is only the first step. Building a successful application requires deep knowledge of Strasbourg case law, precise procedural compliance, and persuasive legal argumentation. Up to 90% of ECHR applications are rejected at the admissibility stage — usually due to procedural errors, missed deadlines, or insufficient legal framing.

Our ECHR lawyers have extensive experience representing clients across all 46 Council of Europe member states. Whether your case involves Article 3 (torture), Article 5 (unlawful detention), Article 6 (unfair trial), or Article 8 (privacy and family life), we can help.