J. G. Merrills
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A. H. Robertson
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The rights guaranteed I
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This chapter considers three important questions of principle raised by Article 1: the relationship between the European Convention and internal law; the beneficiaries of the Convention; and restrictive character of the list of rights guaranteed. Article 2 supplies another illustration of the difference between enumeration and definition. Because Article 2 includes a positive obligation, the right to life will be violated if someone is killed and there is no investigation to find the person responsible, or if the authorities themselves use force and create unreasonable risks for innocent bystanders. Article 3 states: 'No one shall be subjected to torture or to inhuman or degrading treatment or punishment.' Article 4 provides: no one shall be held in slavery or servitude and no one shall be required to perform forced or compulsory labour.

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Human rights in Europe

A study of the European Convention on Human Rights, Fourth edition

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