User:Darron4/Comparing BoR with ECHR

The United States Bill of Rights comprises the first ten amendments to the United States Constitution.

The European Convention on Human Rights is an international treaty which binds its signatories, currently 47 European countries.

Comparing Rights

US Bill of RIghts provision(s)	ECHR provision(s)	Similarities/Differences
First Amendment	Article 9, Article 10, Article 11	The First Amendment comprises freedom of speech, of religion and the right to peaceably assemble. In the ECHR, these three rights are regulated by three different articles. Article 9 for the freedom of religion, Article 10 for the freedom of speech and Article 11 for the freedom of assembly and association. The First Amendment has been interpreted by the Courts in such a way that very few limitations are possible, including hate speech. In constrast such limitations are frequent and prevalent in the ECtHR's case law.
Second Amendment	-	The Second Amendment protects the individual right to keep and bear arms. There is no equivalent in the ECHR and no right to keep and bear arms.
Third Amendment	-	The Third Amendment restricts the quartering of soldiers in private homes. There is no equivalent in the ECHR.
Fourth Amendment	-	The Fourth Amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The ECHR does not provide guarantees in relation to searches, these can be found in national constitutions only.
Fifth Amendment	Article 6, Protocol No. 1	The Fifth Amendment protects against double jeopardy and self-incrimination and guarantees the rights to due process, grand jury screening of criminal indictments, and compensation for the seizure of private property under eminent domain. Article 6 of the ECHR provides for the right to a fair trial which includes the presumption of innocence, the right to have witnesses examined, etc. Protocol No. 1 provides for the peaceful enjoyment of property and the concept of expropriation.
Sixth Amendment	Article 6	The Sixth Amendment establishes a number of rights of the defendant in a criminal trial: to a speedy and public trial, to trial by an impartial jury, to be informed of criminal charges, to confront witnesses, to compel witnesses to appear in court, to assistance of counsel. Article 6 ECHR provides for the same rights except the right to a jury trial and the right to compel witnesses. It also provides the right to an interpreter.
Seventh Amendment	-	The Seventh Amendment guarantees jury trials in federal civil cases that deal with claims of more than twenty dollars. There is no right to jury trial in the ECHR.
Eighth Amendment	Article 5	The Eighth Amendment forbids the imposition of excessive bails or fines. Article 5 ECHR does not directly address the question of bail but case law has developed a presumption in favor of bail rather than pre-trial detention. In most European countries, cash bail is not practised.
Ninth Amendment	-	The Ninth Amendment declares that there are additional fundamental rights that exist outside the Constitution.
Tenth Amendment	-	The Tenth Amendment reinforces the principles of separation of powers and federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. There is no equivalent in the ECHR as it is an international treaty. It is therefore a consequence that countries are sovereign.
-	Article 2	Article 2 ECHR provides for the right to life and against arbitrary deprivations of life. There is no equivalent in the Bill of Rights.
	Article 3	Article 3 ECHR provides for the prohibition of torture. There is no equivalent in the Bill of Rights.
	Article 7	Article 7 ECHR provides that there can be no punishment without law and prohibits arbitrary punishment. There is no equivalent in the Bill of Rights.
(14th Amendment?)	Article 8	Article 8 ECHR provides for the respect for private and family life
	Article 12	Article 12 ECHR provides for the right to marry. There is no equivalent in the Bill of Rights.