Article
1 footnote 1 – 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
I – Rights and freedoms
Article
2 footnote 1 – 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
3 footnote 1 – Prohibition of torture
No one shall be subjected to torture or to
inhuman or degrading treatment or punishment.
Article
4 footnote 1 – 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 recognized , 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
5 footnote 1 – 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
6 footnote 1 – 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
7 footnote 1 – 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
8 footnote 1 – 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
9 footnote 1 – 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
10 footnote 1 – 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
11 footnote 1 – 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
12 footnote 1 – 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
13 footnote 1 – 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
14 footnote 1 – 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
15 footnote 1 – 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
16 footnote 1 – 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
17 footnote 1 – 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
18 footnote 1 – 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
II – European Court of Human Rights footnote 2
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 or 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
III – Miscellaneous provisions footnote 3 footnote 1
Article
52 footnote 1 – 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
53 footnote 1 – 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
54 footnote 1 – 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
55 footnote 1 – 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
56 footnote 1– Territorial application
1 footnote 4 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.
4 footnote 4 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
57 footnote 1 – 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
58 footnote 1 – 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.
4 footnote 4 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
59 footnote 1 – 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 Freedoms,
(213 U.N.T.S. 262, entered into force May
18, 1954. )
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 4th November, 1950 (hereinafter referred
to as 'the Convention'),
Have agreed as follows:
ARTICLE
1
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
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
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
4
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 63 of the Convention.
ARTICLE
5
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
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 the Members of the names of those who have ratified.
Done at Paris on the 20th day of March 1952,
In English and French, both text 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. 2 to the 1950 European Convention for the Protection of
Human Rights and Fundamental Freedoms,
(E.T.S. 44, entered into force Sept. 21, 1970.)
The member States of the Council of Europe signatory hereto:
Having regard to the provisions 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 particular, Article 19 instituting,
among other bodies, a European Court of Human Rights (hereinafter
referred to as "the Court"); Considering that it
is expedient to confer upon the Court competence to give advisory
opinions subject to certain conditions;
Have agreed as follows:
Article
1
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 1 of the Convention and in the Protocols
thereto, or with any other question which the Commission,
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 two-thirds majority vote of the representatives entitled
to sit on the Committee.
Article
2
The Court shall decide whether a request for
an advisory opinion submitted by the Committee of Ministers
is within its consultative competence as defined in Article
1 of this Protocol.
Article
3
1. For the consideration of requests for an
advisory opinion, the Court shall sit in plenary session.
2. Reasons shall be given for advisory opinions
of the Court.
3. 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.
4. Advisory opinions of the Court shall be
communicated to the Committee of Ministers.
Article
4
The powers of the Court under Article 55 of
the Convention shall extend to the drawing up of such rules
and the determination of such procedure as the Court may think
necessary for the purposes of this Protocol.
Article
5
1. This Protocol shall be open to signature
by member States of the Council of Europe, signatories to
the Convention, who may become Parties to it by:
(a) signature without reservation in respect of ratification
or acceptance;
(b) signature with reservation in respect
of ratification or acceptance, followed by ratification or
acceptance. Instruments of ratification or acceptance shall
be deposited with the Secretary-General of the Council of
Europe.
2. This Protocol shall enter into force as soon as all States
Parties to the Convention shall have become Parties to the
Protocol, in accordance with the provisions of paragraph 1
of this Article.
3. From the date of the entry into force of
this Protocol, Articles 1 to 4 shall be considered an integral
part of the Convention.
4. The Secretary-General of the Council of
Europe shall notify the member States of the Council of:
(a) any signature without reservation in respect of ratification
or acceptance;
(b) any signature with reservation in respect
of ratification or acceptance;
(c) the deposit of any instrument of ratification
or acceptance;
(d) the date of entry into force of this Protocol
in accordance with paragraph 2 of this Article.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto, have signed this Protocol.
DONE at Strasbourg, this 6th day of May 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.
Protocol
No. 3 to the 1950 European Convention for the Protection of
Human Rights and Fundamental Freedoms,
(E.T.S. 45, entered into force Sept. 21, 1970.)
The member States of the Council of Europe,
signatories to this Protocol,
Considering that it is advisable to amend certain provisions
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") concerning the
procedure of the European Commission of Human Rights,
Have agreed as follows:
Article
1
1. Article 29 of the Convention is deleted.
2. The following provision shall be inserted
in the Convention:
"Article 29
After it has accepted a petition submitted
under Article 25, the Commission may nevertheless decide unanimously
to reject the petition if, in the course of its examination,
it finds that the existence of one of the grounds for non-acceptance
provided for in Article 27 has been established. In such case,
the decision shall be communicated to the parties."
Article
2
In Article 30 of the Convention, the word
"Sub-Commission" shall be replaced by the word "Commission".
Article
3
1. At the beginning of Article 34 of the Convention,
the following shall be inserted:
"Subject to the provisions of Article 29. . .
2. At the end of the same Article, the sentence "the
Sub-Commission shall take its decisions by a majority of its
members" shall be deleted.
Article 4
1. This Protocol shall be open to signature
by the member States of the Council of Europe signatories
to the Convention, who may become Parties to it either by:
(a) signature without reservation in respect of ratification
or acceptance, or
(b) signature with reservation in respect
of ratification or acceptance, followed by ratification or
acceptance. Instruments of ratification or acceptance shall
be deposited with the Secretary-General of the Council of
Europe.
2. This Protocol shall enter into force as soon as all States
Parties to the Convention shall have become Parties to the
Protocol, in accordance with the provisions of paragraph 1
of this Article.
3. The Secretary-General of the Council of
Europe shall notify the member States of the Council of:
(a) any signature without reservation in respect of ratification
or acceptance;
(b) any signature with reservation in respect
of ratification or acceptance;
(c) the deposit of any instrument of ratification
or acceptance;
(d) the date of entry into force of this Protocol
in accordance with paragraph 2 of this Article.
IN WITNESS WHEREOF, the undersigned, being duly authorized
thereto, have signed this Protocol.
DONE at Strasbourg, this 6th day of May 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. 4 to the Convention for the Protection of Human Rights
and Fundamental Freedoms,
(E.T.S. No. 46, entered into force May 2,
1968.)
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 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
No one shall be deprived of his liberty merely
on the ground of inability to fulfil a contractual obligation.
Article
2
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 interests
in a democratic society.
Article
3
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
Collective expulsion of aliens is prohibited.
Article
5
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.
3. A declaration made in accordance with this
Article shall be deemed to have been made in accordance with
paragraph 1 of Article 63 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.
Article
6
1. 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.
2. Nevertheless, the right of individual recourse
recognised by a declaration made under Article 25 of the Convention,
or the acceptance of the compulsory jurisdiction of the Court
by a declaration made under Article 46 of the Convention,
shall not be effective in relation to this Protocol unless
the High Contracting Party concerned has made a statement
recognizing such right, or accepting such jurisdiction, in
respect of all or any of Articles 1 to 4 of the Protocol.
Article
7
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. 5 to the 1950 European Convention for
the Protection of Human Rights and Fundamental Freedoms,
(E.T.S. 44, entered into force Dec. 20, 1971.
)
The Governments signatory hereto, being Members
of the Council of Europe,
Considering that certain inconveniences have arisen in the
application of the provisions of Articles 22 and 40 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") relating to the
length of the terms of office of the members of the European
Commission of Human Rights (hereinafter referred to as "the
Comission") and of the European Court of Human Rights
(hereinafter referred to as "the Court");
Considering that it is desirable to ensure
as far as possible an election every three years of one half
of the members of the Commission and of one-third of the members
of the Court;
Considering therefore that it is desirable
to amend certain provisions of the Convention,
Have agreed as follows:
Article
1
In Article 22 of the Convention, the following
two paragraphs shall be inserted after paragraph (2):
"(3) In order to ensure that, as far as possible, one
half of the membership of the Commission shall be renewed
every three years, the Committee of Ministers may decide,
before proceeding to any subsequent election, that the term
or terms of office of one or more members 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 the Committee of Ministers applies the preceding
paragraph, the allocation of the terms of office shall be
effected by the drawing of lots by the Secretary-General,
immediately after the election."
Article
2
In Article 22 of the Convention, the former
paragraphs (3) and (4) shall become respectively paragraphs
(5) and (6).
Article
3
In Article 40 of the Convention, the following
two paragraphs shall be inserted after paragraph (2):
"(3) In order to ensure that, as far as possible one
third of the membership of the Court shall be renewed every
three years, the Consultative Assembly may decide, before
proceeding to any subsequent election, that the term or terms
of office of one or more members to be elected shall be for
a period other than nine years but not more than twelve and
not less than six years.
"(4) In cases where more than one term
of office is involved and the Consultative Assembly applies
the preceding paragraph, the allocation of the terms of office
shall be effected by the drawing of lots by the Secretary-General
immediately after the election."
Article
4
In Article 40 of the Convention, the former
paragraphs (3) and (4) shall become respectively paragraphs
(5) and (6).
Article
5
1. This Protocol shall be open to signature
by Members of the Council of Europe, signatories to the Convention,
who may become Parties to it by:
(a) signature without reservation in respect of ratification
or acceptance;
(b) signature with reservation in respect
of ratification or acceptance, followed by ratification or
acceptance. Instruments of ratification or acceptance shall
be deposited with the Secretary-General of the Council of
Europe.
2. This Protocol shall enter into force as soon as all Contracting
Parties to the Convention shall have become Parties to the
Protocol, in accordance with the provisions of paragraph 1
of this Article.
3. The Secretary-General of the Council of
Europe shall notify the Members of the Council of:
(a) any signature without reservation in respect of ratification
or acceptance;
(b) any signature with reservation in respect
of ratification or acceptance;
(c) the deposit of any instrument of ratification
or acceptance;
(d) the date of entry into force of this Protocol
in accordance with paragraph 2 of this Article.
IN WITNESS WHEREOF the undersigned, being duly authorized
thereto, have signed this Protocol.
DONE at Strasbourg, this 20th day of January
1966, 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 Governments.
Protocol
No. 6 to the 1950 European Convention for the Protection of
Human Rights and Fundamental Freedoms,
(E.T.S. 114, entered into force March 1, 1985.)
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
The death penalty shall be abolished. No one
shall be condemned to such penalty or executed.
Article
2
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
No derogation from the provisions of this
Protocol shall be made under Article 15 of the Convention
(3).
Article
4
No reservation may be made under Article 64
of the Convention in respect of the provisions of this Protocol
(4).
Article
5
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 a 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
As between the State 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
This 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
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
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, the twenty-eight April
one thousand nine hundred and eighty-three, 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.
Protocol No. 7 to the 1950 European Convention for
the Protection of Human Rights and Fundamental Freedoms
(E.T.S. 117, entered into force Nov. 1, 1988.
)
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
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. 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
1. Everyone convicted of a criminal offence
by a tribunal shall have the right to have 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
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 that
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
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 the State.
2.The provisions of the preceding paragraph
shall not prevent the re-opening 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
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
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 and state the extent to which it
undertakes that the provisions of this Protocol shall apply
to this or these 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.
4.A declaration made in accordance with this
Article shall be deemed to have been made in accordance with
paragraph 1 of Article 63 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.
Article
7
1. As between the State Parties, the provisions
of Articles 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.
2. Nevertheless, the right of individual recourse
recognised by a declaration made under Article 25 of the Convention,
or the acceptance of the compulsory jurisdiction of the Court
by a declaration made under Article 46 of the Convention,
shall not be effective in relation to this Protocol unless
the State concerned has made a statement recognising such
right, or accepting such jurisdiction in respect of Articles
1 to 5 of this Protocol.
Article
8
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
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 to 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
The Secretary General of the Council of Europe
shall notify all 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 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.
