CONVENTION FOR THE PROTECTION
OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS
Rome
4.XI.1950
The text of the
Convention had been amended according to the provisions of Protocol N°. 3 (ETS
N°. 45), which entered into force on 21 September 1970, of Protocol No. 5 (ETS
N°. 55), which entered into force on 20 December 1971 and of Protocol No. 8
(ETS N°. 118), which entered into force on 1 January 1990, and comprised also
the text of Protocol No. 2 (ETS N°. 44) which, in accordance with Article 5,
paragraph 3 thereof, had been an integral part of the Convention since its
entry into force on 21 September 1970. All provisions which had been amended or
added by these Protocols are replaced by Protocol No. 11 (ETS N°. 155), as from
the date of its entry into force on 1 November 1998. As from that date,
Protocol n° 9 (ETS N°. 140), which entered into force on 1 October 1994, is
repealed.
The governments signatory
hereto, being members of the Council of Europe,
Considering the Universal
Declaration of Human Rights proclaimed by the General Assembly of the United
Nations on 10th December 1948;
Considering that this
Declaration aims at securing the universal and effective recognition and
observance of the Rights therein declared;
Considering that the aim of
the Council of Europe is the achievement of greater unity between its members
and that one of the methods by which that aim is to be pursued is the
maintenance and further realisation of human rights and fundamental freedoms;
Reaffirming their profound
belief in those fundamental freedoms which are the foundation of justice and
peace in the world and are best maintained on the one hand by an effective
political democracy and on the other by a common understanding and observance
of the human rights upon which they depend;
Being resolved, as the
governments of European countries which are like-minded and have a common
heritage of political traditions, ideals, freedom and the rule of law, to take
the first steps for the collective enforcement of certain of the rights stated
in the Universal Declaration,
Have agreed as follows:
Article 11
Obligation to respect human rights
The High Contracting
Parties shall secure to everyone within their jurisdiction the rights and
freedoms defined in Section I of this Convention.
Section I1
Rights and freedoms
Article 21
Right to
life
1. 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.
2. Deprivation of life shall not be
regarded as inflicted in contravention of this article when it results from the
use of force which is no more than absolutely necessary:
a) in defence of any person from
unlawful violence;
b) in order to effect a lawful arrest
or to prevent the escape of a person lawfully detained;
c) in action lawfully taken for the
purpose of quelling a riot or insurrection.
Article 31
Prohibition of torture
No one shall be subjected
to torture or to inhuman or degrading treatment or punishment.
Article 41
Prohibition of slavery and forced labour
1. No one shall be held in slavery or
servitude.
2. No one shall be required to perform
forced or compulsory labour.
3. For the purpose of this article the
term "forced or compulsory labour" shall not include:
a) any work required to be done in the
ordinary course of detention imposed according to the provisions of Article 5
of this Convention or during conditional release from such detention;
b) any service of a military character
or, in case of conscientious objectors in countries where they are recognised,
service exacted instead of compulsory military service;
c) any service exacted in case of an
emergency or calamity threatening the life or well-being of the community;
d) any work or service which forms
part of normal civic obligations.
Article 52
Right to liberty and security
1. 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:
a) the lawful detention of a person
after conviction by a competent court;
b) the lawful arrest or detention of a
person for non- compliance with the lawful order of a court or in order to
secure the fulfilment of any obligation prescribed by law;
c) 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;
d) 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;
e) 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;
f) the lawful arrest or detention of a
person to prevent his effecting an unauthorised entry into the country or of a
person against whom action is being taken with a view to deportation or
extradition.
2. 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.
3. Everyone arrested or detained in
accordance with the provisions of paragraph 1.c of this article shall be
brought promptly before a judge or other officer authorised 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.
4. 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.
5. 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.
Article 63
Right to a fair trial
1. 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 interests of morals, public order or national security in a democratic
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.
2. Everyone charged with a criminal
offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal
offence has the following minimum rights:
a) to be informed promptly, in a
language which he understands and in detail, of the nature and cause of the
accusation against him;
b) to have adequate time and
facilities for the preparation of his defence;
c) 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;
d) 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;
e) to have the free assistance of an
interpreter if he cannot understand or speak the language used in court.
Article 74
No punishment without law
1. 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.
2. This article 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 recognised by civilised nations.
Article 81
Right to respect for private and family life
1. Everyone has the right to respect
for his private and family life, his home and his correspondence.
2. 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 democratic 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.
Article 91
Freedom of thought, conscience and religion
1. 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.
2. 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 democratic 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.
Article 101
Freedom of expression
1. 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 article shall not prevent States from requiring
the licensing of broadcasting, television or cinema enterprises.
2. 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 democratic 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.
Article 111
Freedom of assembly and association
1. 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.
2. No restrictions shall be placed on
the exercise of these rights other than such as are prescribed by law and are
necessary in a democratic 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
article 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 State.
Article 121
Right to marry
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.
Article 131
Right to an effective remedy
Everyone whose rights and
freedoms as set forth in this Convention are violated shall have an effective
remedy before a national authority notwithstanding that the violation has been
committed by persons acting in an official capacity.
Article 145
Prohibition of discrimination
The enjoyment of the rights
and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as sex, race, colour, language, religion,
political or other opinion, national or social origin, association with a
national minority, property, birth or other status.
Article 151
Derogation in time of emergency
1. In time of war or other public
emergency threatening the life of the nation any High Contracting Party may
take measures derogating from its obligations under this Convention to the
extent strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with its other obligations under international
law.
2. No derogation from Article 2,
except in respect of deaths resulting from lawful acts of war, or from Articles
3, 4 (paragraph 1) and 7 shall be made under this provision.
3. Any High Contracting Party availing
itself of this right of derogation shall keep the Secretary General of the
Council of Europe fully informed of the measures which it has taken and the
reasons therefor. It shall also inform the Secretary General of the Council of
Europe when such measures have ceased to operate and the provisions of the
Convention are again being fully executed.
Article 161
Restrictions on political activity of aliens
Nothing in Articles 10, 11
and 14 shall be regarded as preventing the High Contracting Parties from
imposing restrictions on the political activity of aliens.
Article 171
Prohibition of abuse of rights
Nothing in this Convention
may be interpreted as implying for any State, 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 Convention.
Article 186
Limitation on use of restrictions on rights
The restrictions permitted
under this Convention to the said rights and freedoms shall not be applied for
any purpose other than those for which they have been prescribed.
Section II7
European Court of Human Rights
Article 19
Establishment of the Court
To ensure the observance of
the engagements undertaken by the High Contracting Parties in the Convention
and the Protocols thereto, there shall be set up a European Court of Human
Rights, hereinafter referred to as "the Court". It shall function on
a permanent basis.
Article 20
Number of judges
The Court shall consist of
a number of judges equal to that of the High Contracting Parties.
Article 21
Criteria for office
1. The judges shall be of high moral
character and must either possess the qualifications required for appointment
to high judicial office or be jurisconsults of recognised competence.
2. The judges shall sit on the Court
in their individual capacity.
3. During their term of office the
judges shall not engage in any activity which is incompatible with their
independence, impartiality or with the demands of a full-time office; all
questions arising from the application of this paragraph shall be decided by
the Court.
Article 22
Election of judges
1. The judges shall be elected by the
Parliamentary Assembly with respect to each High Contracting Party by a
majority of votes cast from a list of three candidates nominated by the High
Contracting Party.
2. The same procedure shall be
followed to complete the Court in the event of the accession of new High
Contracting Parties and in filling casual vacancies.
Article 23
Terms of office
1. The judges shall be elected for a
period of six years. They may be re-elected. However, the terms of office of
one-half of the judges elected at the first election shall expire at the end of
three years.
2. The judges whose terms of office
are to expire at the end of the initial period of three years shall be chosen
by lot by the Secretary General of the Council of Europe immediately after
their election.
3. In order to ensure that, as far as
possible, the terms of office of one-half of the judges are renewed every three
years, the Parliamentary Assembly may decide, before proceeding to any
subsequent election, that the term or terms of office of one or more judges to
be elected shall be for a period other than six years but not more than nine
and not less than three years.
4. In cases where more than one term
of office is involved and where the Parliamentary Assembly applies the
preceding paragraph, the allocation of the terms of office shall be effected by
a drawing of lots by the Secretary General of the Council of Europe immediately
after the election.
5. A judge elected to replace a judge
whose term of office has not expired shall hold office for the remainder of his
predecessor's term.
6. The terms of office of judges shall
expire when they reach the age of 70.
7. The judges shall hold office until
replaced. They shall, however, continue to deal with such cases as they already
have under consideration.
Article 24
Dismissal
No judge may be dismissed
from his office unless the other judges decide by a majority of two-thirds that
he has ceased to fulfil the required conditions.
Article 25
Registry and legal secretaries
The Court shall have a
registry, the functions and organisation of which shall be laid down in the
rules of the Court. The Court shall be assisted by legal secretaries.
Article 26
Plenary Court
The plenary Court shall
a) elect its President and one or two
Vice-Presidents for a period of three years; they may be re-elected;
b) set up Chambers, constituted for a
fixed period of time;
c) elect the Presidents of the
Chambers of the Court; they may be re-elected;
d) adopt the rules of the Court, and
e) elect the Registrar and one or more
Deputy Registrars.
Article 27
Committees, Chambers and Grand Chamber
1. To consider cases brought before
it, the Court shall sit in committees of three judges, in Chambers of seven
judges and in a Grand Chamber of seventeen judges. The Court's Chambers shall
set up committees for a fixed period of time.
2. There shall sit as an ex officio
member of the Chamber and the Grand Chamber the judge elected in respect of the
State Party concerned or, if there is none or if he is unable to sit, a person
of its choice who shall sit in the capacity of judge.
3. The Grand Chamber shall also
include the President of the Court, the Vice-Presidents, the Presidents of the
Chambers and other judges chosen in accordance with the rules of the Court. When
a case is referred to the Grand Chamber under Article 43, no judge from the
Chamber which rendered the judgment shall sit in the Grand Chamber, with the
exception of the President of the Chamber and the judge who sat in respect of
the State Party concerned.
Article 28
Declarations of inadmissibility by committees
A committee may, by a
unanimous vote, declare inadmissible or strike out of its list of cases an
application submitted under Article 34 where such a decision can be taken
without further examination. The decision shall be final.
Article 29
Decisions by Chambers on admissibility and merits
1. If no decision is taken under
Article 28, a Chamber shall decide on the admissibility and merits of
individual applications submitted under Article 34.
2. A Chamber shall decide on the
admissibility and merits of inter-State applications submitted under Article
33.
3. The decision on admissibility shall
be taken separately unless the Court, in exceptional cases, decides otherwise.
Article 30
Relinquishment of jurisdiction to the Grand Chamber
Where a case pending before
a Chamber raises a serious question affecting the interpretation of the
Convention or the protocols thereto, or where the resolution of a question
before the Chamber might have a result inconsistent with a judgment previously
delivered by the Court, the Chamber may, at any time before it has rendered its
judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of
the parties to the case objects.
Article 31
Powers of the Grand Chamber
The Grand Chamber shall
a) determine applications submitted
either under Article 33 or Article 34 when a Chamber has relinquished
jurisdiction under Article 30 or when the case has been referred to it under
Article 43; and
b) consider requests for advisory
opinions submitted under Article 47.
Article 32
Jurisdiction of the Court
1. The jurisdiction of the Court shall
extend to all matters concerning the interpretation and application of the
Convention and the protocols thereto which are referred to it as provided in
Articles 33, 34 and 47.
2. In the event of dispute as to
whether the Court has jurisdiction, the Court shall decide.
Article 33
Inter-State cases
Any High Contracting Party
may refer to the Court any alleged breach of the provisions of the Convention
and the protocols thereto by another High Contracting Party.
Article 34
Individual applications
The Court may receive
applications from any person, non-governmental organisation or group of
individuals claiming to be the victim of a violation by one of the High
Contracting Parties of the rights set forth in the Convention or the protocols
thereto. The High Contracting Parties undertake not to hinder in any way the
effective exercise of this right.
Article 35
Admissibility criteria
1. The Court may only deal with the
matter after all domestic remedies have been exhausted, according to the
generally recognised rules of international law, and within a period of six
months from the date on which the final decision was taken.
2. The Court shall not deal with any
application submitted under Article 34 that
a) is anonymous; or
b) is substantially the same as a
matter that has already been examined by the Court or has already been
submitted to another procedure of international investigation or settlement and
contains no relevant new information.
3. The Court shall declare
inadmissible any individual application submitted under Article 34 which it considers
incompatible with the provisions of the Convention or the protocols thereto,
manifestly ill-founded, or an abuse of the right of application.
4. The Court shall reject any
application which it considers inadmissible under this Article. It may do so at
any stage of the proceedings.
Article 36
Third party intervention
1. In all cases before a Chamber of
the Grand Chamber, a High Contracting Party one of whose nationals is an
applicant shall have the right to submit written comments and to take part in
hearings.
2. The President of the Court may, in
the interest of the proper administration of justice, invite any High
Contracting Party which is not a party to the proceedings or any person concerned
who is not the applicant to submit written comments or take part in hearings.
Article 37
Striking out applications
1. The Court may at any stage of the
proceedings decide to strike an application out of its list of cases where the
circumstances lead to the conclusion that
a) the applicant does not intend to
pursue his application; or
b) the matter has been resolved; or
c) for any other reason established by
the Court, it is no longer justified to continue the examination of the
application.
However, the Court shall
continue the examination of the application if respect for human rights as
defined in the Convention and the protocols thereto so requires.
2. The Court may decide to restore an
application to its list of cases if it considers that the circumstances justify
such a course.
Article 38
Examination of the case and friendly settlement proceedings
1. If the Court declares the
application admissible, it shall
a) pursue the examination of the case,
together with the representatives of the parties, and if need be, undertake an
investigation, for the effective conduct of which the States concerned shall
furnish all necessary facilities;
b) place itself at the disposal of the
parties concerned with a view to securing a friendly settlement of the matter
on the basis of respect for human rights as defined in the Convention and the
protocols thereto.
2. Proceedings conducted under
paragraph 1.b shall be confidential.
Article 39
Finding of a friendly settlement
If a friendly settlement is
effected, the Court shall strike the case out of its list by means of a
decision which shall be confined to a brief statement of the facts and of the
solution reached.
Article 40
Public hearings and access to documents
1. Hearings shall be in public unless
the Court in exceptional circumstances decides otherwise.
2. Documents deposited with the
Registrar shall be accessible to the public unless the President of the Court
decides otherwise.
Article 41
Just satisfaction
If the Court finds that
there has been a violation of the Convention or the protocols thereto, and if
the internal law of the High Contracting Party concerned allows only partial
reparation to be made, the Court shall, if necessary, afford just satisfaction
to the injured party.
Article 42
Judgments of Chambers
Judgments of Chambers shall
become final in accordance with the provisions of Article 44, paragraph 2.
Article 43
Referral to the Grand Chamber
1. Within a period of three months
from the date of the judgment of the Chamber, any party to the case may, in
exceptional cases, request that the case be referred to the Grand Chamber.
2. A panel of five judges of the Grand
Chamber shall accept the request if the case raises a serious question
affecting the interpretation or application of the Convention or the protocols
thereto, or a serious issue of general importance.
3. If the panel accepts the request,
the Grand Chamber shall decide the case by means of a judgment.
Article 44
Final judgments
1. The judgment of the Grand Chamber
shall be final.
2. The judgment of a Chamber shall
become final
a) when the parties declare that they
will not request that the case be referred to the Grand Chamber; or
b) three months after the date of the
judgment, if reference of the case to the Grand Chamber has not been requested;
or
c) when the panel of the Grand Chamber
rejects the request to refer under Article 43.
3. The final judgment shall be
published.
Article 45
Reasons for judgments and decisions
1. Reasons shall be given for
judgments as well as for decisions declaring applications admissible or
inadmissible.
2. If a judgment does not represent,
in whole or in part, the unanimous opinion of the judges, any judge shall be
entitled to deliver a separate opinion.
Article 46
Binding force and execution of judgments
1. The High Contracting Parties
undertake to abide by the final judgment of the Court in any case to which they
are parties.
2. The final judgment of the Court
shall be transmitted to the Committee of Ministers, which shall supervise its
execution.
Article 47
Advisory opinions
1. The Court may, at the request of
the Committee of Ministers, give advisory opinions on legal questions
concerning the interpretation of the Convention and the protocols thereto.
2. Such opinions shall not deal with
any question relating to the content or scope of the rights or freedoms defined
in Section I of the Convention and the protocols thereto, or with any other
question which the Court or the Committee of Ministers might have to consider
in consequence of any such proceedings as could be instituted in accordance
with the Convention.
3. Decisions of the Committee of
Ministers to request an advisory opinion of the Court shall require a majority
vote of the representatives entitled to sit on the Committee.
Article 48
Advisory jurisdiction of the Court
The Court shall decide
whether a request for an advisory opinion submitted by the Committee of
Ministers is within its competence as defined in Article 47.
Article 49
Reasons for advisory opinions
1. Reasons shall be given for advisory
opinions of the Court.
2. If the advisory opinion does not
represent, in whole or in part, the unanimous opinion of the judges, any judge
shall be entitled to deliver a separate opinion.
3. Advisory opinions of the Court
shall be communicated to the Committee of Ministers.
Article 50
Expenditure on the Court
The expenditure on the
Court shall be borne by the Council of Europe.
Article 51
Privileges and immunities of judges
The judges shall be
entitled, during the exercise of their functions, to the privileges and
immunities provided for in Article 40 of the Statute of the Council of Europe
and in the agreements made thereunder.
Section III8,9
Miscellaneous provisions
Article 521
Inquiries by the Secretary General
On receipt of a request
from the Secretary General of the Council of Europe any High Contracting Party
shall furnish an explanation of the manner in which its internal law ensures
the effective implementation of any of the provisions of the Convention.
Article 531
Safeguard for existing human rights
Nothing in this Convention
shall be construed as limiting or derogating from any of the human rights and
fundamental freedoms which may be ensured under the laws of any High
Contracting Party or under any other agreement to which it is a Party.
Article 541
Powers of the Committee of Ministers
Nothing in this Convention
shall prejudice the powers conferred on the Committee of Ministers by the
Statute of the Council of Europe.
Article 551
Exclusion of other means of dispute settlement
The High Contracting
Parties agree that, except by special agreement, they will not avail themselves
of treaties, conventions or declarations in force between them for the purpose
of submitting, by way of petition, a dispute arising out of the interpretation
or application of this Convention to a means of settlement other than those
provided for in this Convention.
Article 5610
Territorial application
111. Any State may at the time of its ratification or at any time thereafter
declare by notification addressed to the Secretary General of the Council of
Europe that the present Convention shall, subject to paragraph 4 of this
Article, extend to all or any of the territories for whose international
relations it is responsible.
2. The Convention shall extend to the
territory or territories named in the notification as from the thirtieth day
after the receipt of this notification by the Secretary General of the Council
of Europe.
3. The provisions of this Convention
shall be applied in such territories with due regard, however, to local
requirements.
42. Any State which has made a
declaration in accordance with paragraph 1 of this article may at any time
thereafter declare on behalf of one or more of the territories to which the declaration
relates that it accepts the competence of the Court to receive applications
from individuals, non-governmental organisations or groups of individuals as
provided by Article 34 of the Convention.
Article 571
Reservations
1. Any State may, when signing this
Convention or when depositing its instrument of ratification, make a
reservation in respect of any particular provision of the Convention to the
extent that any law then in force in its territory is not in conformity with the
provision. Reservations of a general character shall not be permitted under
this article.
2. Any reservation made under this
article shall contain a brief statement of the law concerned.
Article 5812
Denunciation
1. A High Contracting Party may
denounce the present Convention only after the expiry of five years from the
date on which it became a party to it and after six months' notice contained in
a notification addressed to the Secretary General of the Council of Europe, who
shall inform the other High Contracting Parties.
2. Such a denunciation shall not have
the effect of releasing the High Contracting Party concerned from its
obligations under this Convention in respect of any act which, being capable of
constituting a violation of such obligations, may have been performed by it
before the date at which the denunciation became effective.
3. Any High Contracting Party which
shall cease to be a member of the Council of Europe shall cease to be a Party
to this Convention under the same conditions.
413. The Convention may be denounced in accordance with the provisions of
the preceding paragraphs in respect of any territory to which it has been
declared to extend under the terms of Article 56.
Article 591
Signature and ratification
1. This Convention shall be open to
the signature of the members of the Council of Europe. It shall be ratified. Ratifications
shall be deposited with the Secretary General of the Council of Europe.
2. The present Convention shall come
into force after the deposit of ten instruments of ratification.
3. As regards any signatory ratifying
subsequently, the Convention shall come into force at the date of the deposit
of its instrument of ratification.
4. The Secretary General of the
Council of Europe shall notify all the members of the Council of Europe of the
entry into force of the Convention, the names of the High Contracting Parties
who have ratified it, and the deposit of all instruments of ratification which
may be effected subsequently.
Done at Rome this 4th day
of November 1950, in English and French, both texts being equally authentic, in
a single copy which shall remain deposited in the archives of the Council of
Europe. The Secretary General shall transmit certified copies to each of the
signatories.
PROTOCOL
TO THE CONVENTION
FOR THE PROTECTION OF HUMAN RIGHTS
AND FUNDAMENTAL FREEDOMS14
Paris, 20.III.1952
The governments signatory
hereto, being members of the Council of Europe,
Being resolved to take
steps to ensure the collective enforcement of certain rights and freedoms other
than those already included in Section I of the Convention for the Protection
of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950
(hereinafter referred to as "the Convention"),
Have agreed as follows:
Article 1
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 a State 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.
Article 2
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 State shall respect the right of
parents to ensure such education and teaching in conformity with their own
religious and philosophical convictions.
Article 3
Right to free elections
The High Contracting
Parties undertake to hold free elections at reasonable intervals by secret
ballot, under conditions which will ensure the free expression of the opinion
of the people in the choice of the legislature.
Article 415
Territorial application
Any High Contracting Party
may at the time of signature or ratification or at any time thereafter
communicate to the Secretary General of the Council of Europe a declaration
stating the extent to which it undertakes that the provisions of the present
Protocol shall apply to such of the territories for the international relations
of which it is responsible as are named therein.
Any High Contracting Party
which has communicated a declaration in virtue of the preceding paragraph may
from time to time communicate a further declaration modifying the terms of any
former declaration or terminating the application of the provisions of this
Protocol in respect of any territory.
A declaration made in
accordance with this article shall be deemed to have been made in accordance
with paragraph 1 of Article 56 of the Convention.
Article 5
Relationship to the Convention
As between the High
Contracting Parties the provisions of Articles 1, 2, 3 and 4 of this Protocol
shall be regarded as additional articles to the Convention and all the
provisions of the Convention shall apply accordingly.
Article 6
Signature and ratification
This Protocol shall be open
for signature by the members of the Council of Europe, who are the signatories
of the Convention; it shall be ratified at the same time as or after the
ratification of the Convention. It shall enter into force after the deposit of
ten instruments of ratification. As regards any signatory ratifying
subsequently, the Protocol shall enter into force at the date of the deposit of
its instrument of ratification.
The instruments of
ratification shall be deposited with the Secretary General of the Council of
Europe, who will notify all members of the names of those who have ratified.
Done at Paris on the 20th
day of March 1952, in English and French, both texts being equally authentic,
in a single copy which shall remain deposited in the archives of the Council of
Europe. The Secretary General shall transmit certified copies to each of the
signatory governments.
PROTOCOL No. 4
TO THE CONVENTION FOR THE PROTECTION
OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
SECURING CERTAIN RIGHTS AND FREEDOMS OTHER
THAN THOSE ALREADY INCLUDED IN THE CONVENTION
AND IN THE FIRST PROTOCOL THERETO16
Strasbourg, 16.IX.1963
The governments signatory
hereto, being members of the Council of Europe,
Being resolved to take
steps to ensure the collective enforcement of certain rights and freedoms other
than those already included in Section 1 of the Convention for the Protection
of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950
(hereinafter referred to as the "Convention") and in Articles 1 to 3
of the First Protocol to the Convention, signed at Paris on 20th March 1952,
Have agreed as follows:
Article 1
Prohibition
of imprisonment for debt
No one shall be deprived of
his liberty merely on the ground of inability to fulfil a contractual
obligation.
Article 2
Freedom of movement
1. Everyone lawfully within
the territory of a State shall, within that territory, have the right to
liberty of movement and freedom to choose his residence.
2. Everyone shall be free
to leave any country, including his own.
3. No restrictions shall be
placed on the exercise of these rights other than such as are in accordance
with law and are necessary in a democratic society in the interests of national
security or public safety, for the maintenance of ordre public, for the
prevention of crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others.
4. The rights set forth in
paragraph 1 may also be subject, in particular areas, to restrictions imposed
in accordance with law and justified by the public interest in a democratic
society.
Article 3
Prohibition of expulsion of nationals
1. No one shall be
expelled, by means either of an individual or of a collective measure, from the
territory of the State of which he is a national.
2. No one shall be deprived
of the right to enter the territory of the state of which he is a national.
Article 4
Prohibition of collective expulsion of aliens
Collective expulsion of
aliens is prohibited.
Article 5
Territorial application
1. Any High Contracting
Party may, at the time of signature or ratification of this Protocol, or at any
time thereafter, communicate to the Secretary General of the Council of Europe
a declaration stating the extent to which it undertakes that the provisions of
this Protocol shall apply to such of the territories for the international
relations of which it is responsible as are named therein.
2. Any High Contracting
Party which has communicated a declaration in virtue of the preceding paragraph
may, from time to time, communicate a further declaration modifying the terms
of any former declaration or terminating the application of the provisions of
this Protocol in respect of any territory.
317. A
declaration made in accordance with this article shall be deemed to have been
made in accordance with paragraph 1 of Article 56 of the Convention.
4. The territory of any
State to which this Protocol applies by virtue of ratification or acceptance by
that State, and each territory to which this Protocol is applied by virtue of a
declaration by that State under this article, shall be treated as separate
territories for the purpose of the references in Articles 2 and 3 to the
territory of a State.
518. Any State
which has made a declaration in accordance with paragraph 1 or 2 of this
Article may at any time thereafter declare on behalf of one or more of the
territories to which the declaration relates that it accepts the competence of
the Court to receive applications from individuals, non-governmental
organisations or groups of individuals as provided in Article 34 of the
Convention in respect of all or any of Articles 1 to 4 of this Protocol.
Article 619
Relationship to the Convention
As between the High
Contracting Parties the provisions of Articles 1 to 5 of this Protocol shall be
regarded as additional Articles to the Convention, and all the provisions of
the Convention shall apply accordingly.
Article 7
Signature and ratification
1. This Protocol shall be open for
signature by the members of the Council of Europe who are the signatories of
the Convention; it shall be ratified at the same time as or after the
ratification of the Convention. It shall enter into force after the deposit of
five instruments of ratification. As regards any signatory ratifying
subsequently, the Protocol shall enter into force at the date of the deposit of
its instrument of ratification.
2. The instruments of ratification
shall be deposited with the Secretary General of the Council of Europe, who
will notify all members of the names of those who have ratified.
In witness whereof the
undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this
16th day of September 1963, in English and in French, both texts being equally
authoritative, in a single copy which shall remain deposited in the archives of
the Council of Europe. The Secretary General shall transmit certified copies to
each of the signatory states.
PROTOCOL No. 6
TO THE CONVENTION FOR THE PROTECTION
OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
CONCERNING THE ABOLITION OF THE DEATH PENALTY20
Strasbourg, 28.IV.1983
The member States of the
Council of Europe, signatory to this Protocol to the Convention for the
Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4
November 1950 (hereinafter referred to as "the Convention"),
Considering that the
evolution that has occurred in several member States of the Council of Europe
expresses a general tendency in favour of abolition of the death penalty;
Have agreed as follows:
Article 1
Abolition of the death penalty
The death penalty shall be
abolished. No-one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision
in its law for the death penalty in respect of acts committed in time of war or
of imminent threat of war; such penalty shall be applied only in the instances
laid down in the law and in accordance with its provisions. The State shall
communicate to the Secretary General of the Council of Europe the relevant
provisions of that law.
Article 3
Prohibition of derogations
No derogation from the
provisions of this Protocol shall be made under Article 15 of the Convention.
Article 421
Prohibition of reservations
No reservation may be made
under Article 57 of the Convention in respect of the provisions of this
Protocol.
Article 5
Territorial application
1. Any State may at the time of
signature or when depositing its instrument of ratification, acceptance or
approval, specify the territory or territories to which this Protocol shall
apply.
2. Any State may at any later date, by
a declaration addressed to the Secretary General of the Council of Europe,
extend the application of this Protocol to any other territory specified in the
declaration. In respect of such territory the Protocol shall enter into force
on the first day of the month following the date of receipt of such declaration
by the Secretary General.
3. Any declaration made under the two
preceding paragraphs may, in respect of any territory specified in such
declaration, be withdrawn by a notification addressed to the Secretary General.
The withdrawal shall become effective on the first day of the month following
the date of receipt of such notification by the Secretary General.
Article 6
Relationship to the Convention
As between the States
Parties the provisions of Articles 1 to 5 of this Protocol shall be regarded as
additional articles to the Convention and all the provisions of the Convention
shall apply accordingly.
Article 7
Signature and ratification
The Protocol shall be open
for signature by the member States of the Council of Europe, signatories to the
Convention. It shall be subject to ratification, acceptance or approval. A
member State of the Council of Europe may not ratify, accept or approve this
Protocol unless it has, simultaneously or previously, ratified the Convention. Instruments
of ratification, acceptance or approval shall be deposited with the Secretary
General of the Council of Europe.
Article 8
Entry into force
1. This Protocol shall enter into
force on the first day of the month following the date on which five member
States of the Council of Europe have expressed their consent to be bound by the
Protocol in accordance with the provisions of Article 7.
2. In respect of any member State
which subsequently expresses its consent to be bound by it, the Protocol shall
enter into force on the first day of the month following the date of the
deposit of the instrument of ratification, acceptance or approval.
Article 9
Depositary functions
The Secretary General of
the Council of Europe shall notify the member States of the Council of:
a) any signature;
b) the deposit of any instrument of
ratification, acceptance or approval;
c) any date of entry into force of
this Protocol in accordance with Articles 5 and 8;
d) any other act, notification or
communication relating to this Protocol.
In witness whereof the
undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this
28th day of April 1983, in English and in French, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall
transmit certified copies to each member State of the Council of Europe.
PROTOCOL No. 7
TO THE CONVENTION FOR THE PROTECTION
OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS22
Strasbourg, 22.XI.1984
The member States of the
Council of Europe signatory hereto,
Being resolved to take
further steps to ensure the collective enforcement of certain rights and
freedoms by means of the Convention for the Protection of Human Rights and
Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to
as "the Convention"),
Have agreed as follows:
Article 1
Procedural safeguards relating to expulsion of aliens
1. An alien lawfully
resident in the territory of a State shall not be expelled therefrom except in
pursuance of a decision reached in accordance with law and shall be allowed:
a) to submit reasons against his
expulsion,
b) to have his case reviewed, and
c) to be represented for these
purposes before the competent authority or a person or persons designated by
that authority.
2. An alien may be expelled
before the exercise of his rights under paragraph 1.a, b and c of this
Article, when such expulsion is necessary in the interests of public order or
is grounded on reasons of national security.
Article 2
Right of appeal in criminal matters
1. Everyone convicted of a
criminal offence by a tribunal shall have the right to have his conviction or
sentence reviewed by a higher tribunal. The exercise of this right, including
the grounds on which it may be exercised, shall be governed by law.
2. This right may be
subject to exceptions in regard to offences of a minor character, as prescribed
by law, or in cases in which the person concerned was tried in the first
instance by the highest tribunal or was convicted following an appeal against
acquittal.
Article 3
Compensation for wrongful conviction
When a person has by a
final decision been convicted of a criminal offence and when subsequently his
conviction has been reversed, or he has been pardoned, on the ground that a new
or newly discovered fact shows conclusively that there has been a miscarriage
of justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to the law or the practice of the
State concerned, unless it is proved that the non-disclosure of the unknown
fact in time is wholly or partly attributable to him.
Article 4
Right not to be tried or punished twice
1. No one shall be liable
to be tried or punished again in criminal proceedings under the jurisdiction of
the same State for an offence for which he has already been finally acquitted
or convicted in accordance with the law and penal procedure of that State.
2. The provisions of the
preceding paragraph shall not prevent the reopening of the case in accordance
with the law and penal procedure of the State concerned, if there is evidence
of new or newly discovered facts, or if there has been a fundamental defect in
the previous proceedings, which could affect the outcome of the case.
3. No derogation from this
Article shall be made under Article 15 of the Convention.
Article 5
Equality between spouses
Spouses shall enjoy
equality of rights and responsibilities of a private law character between
them, and in their relations with their children, as to marriage, during
marriage and in the event of its dissolution. This Article shall not prevent
States from taking such measures as are necessary in the interests of the
children.
Article 6
Territorial application
1. Any State may at the
time of signature or when depositing its instrument
of ratification, acceptance or approval, specify the territory or territories
to which the Protocol shall apply and state the extent to which it undertakes
that the provisions of this Protocol shall apply to such territory or
territories.
2. Any State may at any
later date, by a declaration addressed to the Secretary General of the Council
of Europe, extend the application of this Protocol to any other territory
specified in the declaration. In respect of such territory the Protocol shall
enter into force on the first day of the month following the expiration of a
period of two months after the date of receipt by the Secretary General of such
declaration.
3. Any declaration made
under the two preceding paragraphs may, in respect of any territory specified
in such declaration, be withdrawn or modified by a notification addressed to
the Secretary General. The withdrawal or modification shall become effective on
the first day of the month following the expiration of a period of two months
after the date of receipt of such notification by the Secretary General.
423. A
declaration made in accordance with this Article shall be deemed to have been
made in accordance with paragraph 1 of Article 56 of the Convention.
5. The territory of any
State to which this Protocol applies by virtue of ratification, acceptance or
approval by that State, and each territory to which this Protocol is applied by
virtue of a declaration by that State under this Article, may be treated as
separate territories for the purpose of the reference in Article 1 to the
territory of a State.
624. Any State
which has made a declaration in accordance with paragraph 1 or 2 of this
Article may at any time thereafter declare on behalf of one or more of the
territories to which the declaration relates that it accepts the competence of
the Court to receive applications from individuals, non-governmental
organisations or groups of individuals as provided in Article 34 of the
Convention in respect of Articles 1 to 5 of this Protocol.
Article 71
Relationship to the Convention
As between the States
Parties, the provisions of Article 1 to 6 of this Protocol shall be regarded as
additional Articles to the Convention, and all the provisions of the Convention
shall apply accordingly.
Article 8
Signature and ratification
This Protocol shall be open
for signature by member States of the Council of Europe which have signed the
Convention. It is subject to ratification, acceptance or approval. A member
State of the Council of Europe may not ratify, accept or approve this Protocol
without previously or simultaneously ratifying the Convention. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary
General of the Council of Europe.
Article 9
Entry into force
1. This Protocol shall
enter into force on the first day of the month following the expiration of a
period of two months after the date on which seven member States of the Council
of Europe have expressed their consent to be bound by the Protocol in
accordance with the provisions of Article 8.
2. In respect of any member
State which subsequently expresses its consent to be bound by it, the Protocol
shall enter into force on the first day of the month following the expiration
of a period of two months after the date of the deposit of the instrument of
ratification, acceptance or approval.
Article 10
Depositary functions
The Secretary General of
the Council of Europe shall notify all the member States of the Council of
Europe of:
a) any signature;
b) the deposit of any instrument of
ratification, acceptance or approval;
c) any date of entry into force of
this Protocol in accordance with Articles 6 and 9;
d) any other act, notification or
declaration relating to this Protocol.
In witness whereof the
undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this
22nd day of November 1984, in English and French, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall
transmit certified copies to each member State of the Council of Europe.
1 Heading added according to
the provisions of Protocol No. 11 (ETS No. 155).
2Heading added according to the
provisions of Protocol No. 11 (ETS No. 155).
3Heading added according to the
provisions of Protocol No. 11 (ETS No. 155).
4Heading added according to the
provisions of Protocol No. 11 (ETS No. 155).
5 Heading added according to the provisions of Protocol No. 11 (ETS
No. 155).
6 Heading added according to the provisions of Protocol No. 11 (ETS
No. 155).
7Text amended according to the
provisions of Protocol No. 11 (ETS No. 155).
8Heading added according to the
provisions of Protocol No. 11 (ETS No. 155).
9 The articles of this section are renumbered according to the
provisions of Protocol No. 11 (ETS No. 155).
10 Heading added according to the provisions of Protocol No. 11 (ETS
No. 155).
11Text amended according to the
provisions of Protocol No. 11 (ETS No. 155).
12 Heading added according to the provisions of Protocol No. 11 (ETS
No. 155).
13Text amended according to the
provisions of Protocol No. 11 (ETS No. 155).
14 Headings of articles added and text amended according to the
provisions of Protocol No. 11 (ETS No. 155) as of its entry into force.
15Text amended according to the
provisions of Protocol No. 11 (ETS No. 155).
16Headings of articles added and text
amended according to the provisions of Protocol No. 11 (ETS No. 155) as from
its entry into force.
17 Text amended according to the provisions of Protocol No. 11 (ETS No.
155).
18 Text added according to the provisions of Protocol No. 11 (ETS No.
155).
19Text amended according to the
provisions of Protocol No. 11 (ETS No. 155).
20Headings of articles added and text amended according to the provisions
of Protocol No. 11 (ETS No. 155) as from its entry into force.
21 Text amended according to the provisions of Protocol No. 11 (ETS No.
155).
22Headings of articles added and text
amended according to the provisions of Protocol No. 11 (ETS No. 155) as from
its entry into force.
23 Text amended according to the provisions of Protocol No. 11 (ETS No.
155).
24 Text added according to the provisions of Protocol No. 11 (ETS No.
155).
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