Article VIII The Rights of Loyal Subjects
Section 1
All Loyal Subjects of His or Her Majesty the King or Queen are
awarded certain Rights and Freedoms.
Section 2 – Right to Life
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.
Deprivation of life shall not be regarded as inflicted in
contravention of this Section when it results from the use of
force which is no more than absolutely necessary:
Section 3 – Prohibition of Torture
No one shall be subjected to torture or to inhuman or
degrading treatment or punishment
Section 4 – Prohibition of Slavery and Forced Labor
No one shall be held in slavery or servitude.
No one shall be required to perform forced or compulsory
labor.
For the purpose of this Section the term “forced or compulsory
labor” shall not include:
Section 5 – Rights to Liberty and Security
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:
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.
Everyone arrested or detained in accordance with the
provisions of the first paragraph, case iii., of this Section shall
be brought promptly before a judge or other officer authorized
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.
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.
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.
Section 6 – 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 interest of morals, public
order or national security in a 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.
Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
Everyone charged with a criminal offence has the following
minimum rights:
Section 7 – No Punishment without Law
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.
This Section shall not prejudice the trial and punishment of any
person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of
law recognized by civilized nations.
Section 8 – 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 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.
Section 9 – Freedom of Thought, Conscience, and Religion
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
Freedom to manifest one’s religion or beliefs shall be subject
only to such limitations as are prescribed by law and are
necessary in a society in the interests of public safety, for the
protection of public order, health or morals, or for the
protection of the rights and freedoms of others.
Section 10 – Freedom of Expression
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 Section shall not
prevent Counties 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 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
Section 11 – Freedom of Assembly and Association
Everyone has the right to freedom of peaceful assembly and to
freedom of association with others, including the right to form
and to join trade unions for the protection of his interests.
No restrictions shall be placed on the exercise of these rights
other than such as are prescribed by law and are necessary in a
society in the interests of national security or public safety, 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. This Section shall not prevent the
imposition of lawful restrictions on the exercise of these rights
by members of the armed forces, of the police or of the
administration of the Realm.
Section 12 – Right to Marry
All men and women of marriageable age have the right to
marry and to found a family, according to the national laws
governing the exercise of this right.
Section 13 – Prohibition of Discrimination
The enjoyment of the rights and freedoms set forth in this
Article shall be secured without discrimination on any ground
such as sex, race, color, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status.
Section 14 – Restrictions on Political Activity of Aliens
Nothing in Section 10, 11 and 13 shall be regarded as
preventing the High Contracting Parties from imposing
restrictions on the political activity of aliens.
Section 15 – Prohibition of Abuse of Rights
Nothing in this Article may be interpreted as implying for any
County, 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 Article.
Section 16 – Limitation on Use of Restrictions on Rights
The restrictions permitted under this Article to the said rights
and freedoms shall not be applied for any purpose other than
those for which they have been prescribed.
Section 17 – Protection of Property
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 the Realm 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.
Section 18 – Right to Education
No person shall be denied the right to education. In the
exercise of any functions which it assumes in relation to
education and to teaching, the Realm shall respect the right of
parents to ensure such education and teaching in conformity
with their own religious and philosophical convictions.
For the purposes of this section the clause “no person shall be
denied the right to education” does not apply to a private
institution that denies the acceptance of an individual to attend
the institution or a private institution that terminates the
enrollment of an individual.
Section 19 – Attempted Assassination of the King or Queen
Any person who is found guilty of either plotting or executing a
plan to assassinate His or Her Majesty the King or Queen, and
is either successful or not, shall, according to tradition, be put
to death by beheading. Only the King or Queen shall have the
right to issue a Royal Pardon on behalf of the convicted soul to
prevent them from being executed.
All Loyal Subjects of His or Her Majesty the King or Queen are
awarded certain Rights and Freedoms.
Section 2 – Right to Life
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.
Deprivation of life shall not be regarded as inflicted in
contravention of this Section when it results from the use of
force which is no more than absolutely necessary:
- In defense of any person from unlawful violence;
- In order to effect a lawful arrest or to prevent the
escape of a person lawfully detained; - In action lawfully taken for the purpose of quelling a
riot or insurrection
Section 3 – Prohibition of Torture
No one shall be subjected to torture or to inhuman or
degrading treatment or punishment
Section 4 – Prohibition of Slavery and Forced Labor
No one shall be held in slavery or servitude.
No one shall be required to perform forced or compulsory
labor.
For the purpose of this Section the term “forced or compulsory
labor” shall not include:
- Any work required to be done in the ordinary course of
detention imposed according to the provisions of
Section 5 of this Article or during conditional release
from such detention; - Any service of a military character or, in case of
conscientious objectors in countries where they are
recognized, service exacted instead of compulsory
military service; - Any service exacted in case of an emergency or calamity
threatening the life or well-being of the community; - Any work or service which forms part of normal civic
obligations.
Section 5 – Rights to Liberty and Security
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:
- the lawful detention of a person after conviction by a
competent court; - the lawful arrest or detention of a person for noncompliance
with the lawful order of a court or in order
to secure the fulfillment of any obligation prescribed by
law; - 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; - 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; - 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; - 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.
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.
Everyone arrested or detained in accordance with the
provisions of the first paragraph, case iii., of this Section shall
be brought promptly before a judge or other officer authorized
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.
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.
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.
Section 6 – 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 interest of morals, public
order or national security in a 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.
Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
Everyone charged with a criminal offence has the following
minimum rights:
- to be informed promptly, in a language which he
understands and in detail, of the nature and cause of the
accusation against him; - to have adequate time and facilities for the preparation
of his defense; - 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; - 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; - to have the free assistance of an interpreter if he cannot
understand or speak the language used in court.
Section 7 – No Punishment without Law
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.
This Section shall not prejudice the trial and punishment of any
person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of
law recognized by civilized nations.
Section 8 – 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 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.
Section 9 – Freedom of Thought, Conscience, and Religion
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
Freedom to manifest one’s religion or beliefs shall be subject
only to such limitations as are prescribed by law and are
necessary in a society in the interests of public safety, for the
protection of public order, health or morals, or for the
protection of the rights and freedoms of others.
Section 10 – Freedom of Expression
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 Section shall not
prevent Counties 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 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
Section 11 – Freedom of Assembly and Association
Everyone has the right to freedom of peaceful assembly and to
freedom of association with others, including the right to form
and to join trade unions for the protection of his interests.
No restrictions shall be placed on the exercise of these rights
other than such as are prescribed by law and are necessary in a
society in the interests of national security or public safety, 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. This Section shall not prevent the
imposition of lawful restrictions on the exercise of these rights
by members of the armed forces, of the police or of the
administration of the Realm.
Section 12 – Right to Marry
All men and women of marriageable age have the right to
marry and to found a family, according to the national laws
governing the exercise of this right.
Section 13 – Prohibition of Discrimination
The enjoyment of the rights and freedoms set forth in this
Article shall be secured without discrimination on any ground
such as sex, race, color, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status.
Section 14 – Restrictions on Political Activity of Aliens
Nothing in Section 10, 11 and 13 shall be regarded as
preventing the High Contracting Parties from imposing
restrictions on the political activity of aliens.
Section 15 – Prohibition of Abuse of Rights
Nothing in this Article may be interpreted as implying for any
County, 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 Article.
Section 16 – Limitation on Use of Restrictions on Rights
The restrictions permitted under this Article to the said rights
and freedoms shall not be applied for any purpose other than
those for which they have been prescribed.
Section 17 – Protection of Property
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 the Realm 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.
Section 18 – Right to Education
No person shall be denied the right to education. In the
exercise of any functions which it assumes in relation to
education and to teaching, the Realm shall respect the right of
parents to ensure such education and teaching in conformity
with their own religious and philosophical convictions.
For the purposes of this section the clause “no person shall be
denied the right to education” does not apply to a private
institution that denies the acceptance of an individual to attend
the institution or a private institution that terminates the
enrollment of an individual.
Section 19 – Attempted Assassination of the King or Queen
Any person who is found guilty of either plotting or executing a
plan to assassinate His or Her Majesty the King or Queen, and
is either successful or not, shall, according to tradition, be put
to death by beheading. Only the King or Queen shall have the
right to issue a Royal Pardon on behalf of the convicted soul to
prevent them from being executed.