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Article n.6 of ECHR

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Created on December 21, 2023

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Transcript

Right to a fair trial

Article n.6 of European Convention on Human Rights (ECHR)

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Introduction

Article 6 of the European Convention on Human Rights (ECHR) is a cornerstone in the protection of fundamental rights within the European legal framework. Enshrined in the Convention since its inception in 1950, Article 6 guarantees the right to a fair trial—a fundamental principle that underpins the rule of law and the protection of individual liberties. This essay explores the key components of Article 6 and its crucial role in safeguarding the rights of individuals within the jurisdiction of the Council of Europe.

Index

Importance

Overview

Rule of law

Fair and Public Hearing

Protection of Individual Liberties

Presumption of Innocence

Right to Legal Assistance

International Standards

Fair and Public Hearing

The first paragraph guarantees the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. This aspect emphasizes the importance of transparency and accountability in legal proceedings, ensuring that justice is not only done but is also seen to be done.

Presumption of Innocence

The second paragraph of Article 6 presumes every individual innocent until proven guilty according to law. This presumption places the burden of proof on the prosecution, emphasizing the need for evidence-based convictions rather than arbitrary accusations. This safeguards individuals from arbitrary arrest and detention and is a critical safeguard against miscarriages of justice.

Right to Legal Assistance

The third paragraph guarantees the right to legal assistance of one's own choosing or, if unable to pay, free legal aid when the interests of justice so require. This provision ensures that all individuals, regardless of their financial means, have access to legal representation, promoting equality before the law and preventing the imbalance of power between the state and the accused.

Rule of Law

Article 6 plays a pivotal role in upholding the rule of law within the member states of the Council of Europe. It ensures that legal processes are fair, transparent, and subject to scrutiny, preventing arbitrary exercises of power by the state.

Protection of Individual Liberties

The right to a fair trial is a fundamental safeguard for individual liberties. It protects individuals from arbitrary detention, torture, and other human rights abuses, fostering a legal environment where individuals can exercise their rights without fear of unjust repercussions.

International Standards

Article 6 reflects and reinforces international human rights standards, setting a benchmark for fair trial principles that extend beyond the European continent. Its influence is evident in the development of legal systems globally, emphasizing the universality of the right to a fair trial.

Conclusions

Article 6 of the European Convention on Human Rights stands as a beacon for the protection of individual rights and the rule of law within the Council of Europe. By guaranteeing the right to a fair trial, it establishes a framework that ensures justice is not only administered but is done so in a manner that respects the dignity and rights of every individual. As a cornerstone of the Convention, Article 6 continues to shape legal systems, promote human rights, and foster a culture of justice that transcends national boundaries

The Presetation was made by:

‘Injustice anywhere is a threat to justice everywhere

  • Ravelli Federico
  • Rossi Anita

- Martin Luther King