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COUNCIL OF EUROPE
The European Convention on Human Rights
ROME 4 November 1950
and its Five Protocols
PARIS 20 March 1952
STRASBOURG 6 May 1963
STRASBOURG 6 May 1963
STRASBOURG 16 September 1963
STRASBOURG 20 January 1966
Contents
The European Convention on Human Rights
Protocols
THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ITS FIVE PROTOCOLS
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 10
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 the aim is to be pursued is the maintenance
and further realization 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:
The High Contracting Parties shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I of this
Convention.
- Everyone's right to life shall be protected by law. No one
shall be deprived of his life intentionally save in the execution
of a sentence of a court following his conviction of a crime for
which this penalty is provided by law.
- Deprivation of life shall not be regarded as inflicted in
contravention of this 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 escape of
a person lawfully detained;
- (c) in action lawfully taken for the purpose of quelling a riot
or insurrection.
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.
- No one shall be held in slavery or servitude.
- No one shall be required to perform forced or compulsory
labour.
- 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.
- 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 of
reasonable suspicion of having committed and 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 unauthorized entry into the country or of a person
against whom action is being taken with a view to deportation or
extradition.
- Everyone who is arrested shall be informed promptly, in a
language which he understands, of the reasons for his arrest and
the charge against him.
- 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 authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or
to release pending trial. Release may be conditioned by guarantees
to appear for trial.
- Everyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings by which the lawfulness of
his detention shall be decided speedily by a court and his release
ordered if the detention is not lawful.
- Everyone who has been the victim of arrest or detention in
contravention of the provisions of this article shall have an
enforceable right to compensation.
- 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. Judgement shall be
pronounced publicly by the press and public may be excluded from
all or part of the trial in the interest of morals, public order
or national security in a democratic society, where the interests
of juveniles or the protection of the private life of the parties
so require, or the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice the
interests of justice.
- Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
- Everyone charged with a criminal offence has the following
minimum rights:
- (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 the 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.
- No one shall be held guilty of any criminal offence on account
of any act or omission which did not constitute a criminal offence
under national or international law at the time when it was
committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the criminal offence was committed.
- This 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 the general principles of law
recognized by civilized nations.
- Everyone has the right to respect for his private and family
life, his home and his correspondence.
- There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the
law and is necessary in a 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.
- Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others and
in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
- Freedom to manifest one's religion or beliefs shall be subject
only to such limitations as are prescribed by law and are necessary
in a democratic society in the interests of public safety, for the
protection of public order, health or morals, or the protection of
the rights and freedoms of others.
- 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.
- 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 the rights of
others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of
the judiciary.
- Everyone has the right to freedom of peaceful assembly and to
freedom of association with others, including the right to form and
to join trade unions for the protection of his interests.
- No restrictions shall be placed on the exercise of these rights
other than such as are prescribed by law and are necessary in a
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.
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.
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.
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.
- 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.
- 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.
- 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.
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.
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 on any of the rights and
freedoms set forth herein or at their limitation to a greater
extent than is provided for in the Convention.
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.
To ensure the observance of the engagements undertaken by the High
Contracting Parties in the present Convention, there shall be set
up:
- A European Commission of Human Rights hereinafter referred to
as 'the Commission';
- A European Court of Human Rights, hereinafter referred to as
'the Court'.
The Commission shall consist of a number of members equal to that
of the High Contracting Parties. No two members of the Commission
may be nationals of the same state.
- The members of the Commission shall be elected by the Committee
of Ministers by an absolute majority of votes, from a list of names
drawn up by the Bureau of the Consultative Assembly; each group of
the Representatives of the High Contracting Parties in the
Consultative Assembly shall put forward three candidates, of whom
two at least shall be its nationals.
- As far as applicable, the same procedure shall be followed to
complete the Commission in the event of other States subsequently
becoming Parties to this Convention, and in filing casual
vacancies.
- The members of the Commission shall be elected for a period of
six years. They may be re-elected. However, of the members
elected at the first election, the terms of seven members shall
expire at the end of three years.
- The members whose terms 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 the first
election has been completed.
- A member of the Commission elected to replace a member whose
term of office has not expired shall hold office for the remainder
of his predecessor's term.
- The members of the Commission shall hold office until replaced.
After having been replaced, they shall continue to deal with such
cases as they already have under consideration.
The members of the Commission shall sit on the Commission in their
individual capacity.
Any High Contracting Party may refer to the Commission, through the
Secretary-General of the Council of Europe, any alleged breach of
the provisions of the Convention by another High Contracting Party.
- The Commission may receive petitions addressed to the
Secretary-General of the Council of Europe from any person, non-
governmental organization or group of individuals claiming to the
victim of a violation by one of the High Contracting Parties of the
rights set forth in this Convention, provided that the High
Contracting Party against which the complaint has been lodged has
declared that it recognizes the competence of the Commission to
receive such petitions. Those of the High Contracting Parties who
t)ve made such a declaration undertake not to hinder in any way the
effective exercise of this right.
- Such declarations may be made for a specific period.
- The declarations shall be deposited with the Secretary-General
of the Council of Europe who shall transmit copies thereof to the
High Contracting Parties and publish them.
- The Commission shall only exercise the powers provided for in
this article when at least six High Contracting Parties are bound
by declarations made in accordance with the preceding paragraphs.
The Commission may only deal with the matter after all domestic
remedies have been exhausted, according to the generally recognized
rules of international law, and within a period of six months from
the date on which the final decision was taken.
- the Commission shall not deal with any petition submitted under
Article 25 which
- (a) is anonymous, or
- (b) is substantially the same as a matter which has already been
examined by the Commission or has already been submitted to another
procedure or international investigation or settlement and if it
contains no relevant new information.
- The Commission shall consider inadmissible any petition
submitted under Article 25 which it considers incompatible with the
provisions of the present Convention, manifestly ill-founded, or
an abuse of the right of petition.
- The Commission shall reject any petition referred to it which
it considers inadmissible under Article 26.
In the event of the Commission accepting a petition referred to it:
- (a) it shall, with a view to ascertaining the facts undertake
together with the representatives of the parties and examination
of the petition and, if need be, an investigation, for the
effective conduct of which the States concerned shall furnish all
necessary facilities, after an exchange of views with the
Commission;
- (b) it shall 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 this
Convention.
- The Commission shall perform the functions set out in Article
28 by means of a Sub-Commission consisting of seven members of the
Commission.
- Each of the parties concerned may appoint as members of this
Sub-Commission a person of its choice.
- The remaining members shall be chosen by lot in accordance with
arrangements prescribed in the Rules of Procedure of the
Commission.
- If the Sub-Commission succeeds in effecting a friendly
settlement in accordance with Article 28, it shall draw up a Report
which shall be sent to the States concerned, to the Committee of
Ministers and to the Secretary-General of the Council of Europe for
publication. This Report shall be confined to a brief statement
of the facts and of the solution reached.
- If a solution is not reached, the Commission shall draw up a
Report on the facts and state its opinion as to whether the facts
found disclose a breach by the State concerned of its obligations
under the Convention. The opinions of all the members of the
Commission on this point may be stated in the Report.
- The Report shall be transmitted to the Committee of Ministers.
It shall also be transmitted to the States concerned, who shall not
be at liberty to publish it.
- In transmitting the Report to the Committee of Ministers the
Commission may make such proposals as it thinks fit.
- If the question is not referred to the Court in accordance with
Article 48 of this Convention within a period of three months from
the date of the transmission of the Report to the Committee of
Ministers, the Committee of Ministers shall decide by a majority
of two-thirds of the members entitled to sit on the Committee
whether there has been a violation of the Convention.
- In the affirmative case the Committee of Ministers shall
prescribe a period during which the Contracting Party concerned
must take the measures required by the decision of the Committee
of Ministers.
- If the High Contracting Party concerned has not taken
satisfactory measures within the prescribed period, the Committee
of Ministers shall decide by the majority provided for in paragraph
1 above what effect shall be given to its original decision and
shall publish the Report.
- The High Contracting Parties undertake to regard as binding on
them any decision which the Committee of Ministers may take in
application of the preceding paragraphs.
The Commission shall meet 'in camera'.
The Commission shall take its decision by a majority of the Members
present and voting; the Sub-Commission shall take its decisions by
a majority of its members.
The Commission shall meet as the circumstances require. The
meetings shall be convened by the Secretary-General of the Council
of Europe.
The Commission shall draw up its own rules of procedure.
The secretariat of The Commission shall be provided by the
Secretary-General of the Council of Europe.
The European Court of Human Rights shall consist of a number of
judges equal to that of the Members of the Council of Europe. No
two judges may be nationals of the State.
- The members of the Court shall be elected by the Consultative
Assembly by a majority of the votes cast from a list of persons
nominated by Members of the Council of Europe; each Member shall
nominate three candidates, of whom two at least shall be its
nationals.
- As far as applicable, the same procedure shall be followed to
complete the Court in the event of the admission of new members of
the Council of Europe, and in filling casual vacancies.
- The candidates shall be of high moral character and must either
possess the qualifications required for appointment to high
judicial office or be jurisconsults of recognized competence.
- The members of the Court shall be elected for a period of nine
years. They may be re-elected. However, of the members elected
at the first election the terms of four members shall expire at the
end of three years, and the terms of four more members shall expire
at the end of six years.
- The members whose terms are to expire at the end of the initial
periods of three and six years shall be chosen by lot by the
Secretary-General immediately after the first election has been
completed.
- A member of the Court elected to replace a member whose term
of office has not expired shall hold office for the remainder of
his predecessor's term.
- The members of the Court shall hold office until replaced.
After having been replaced, they shall continue to deal with such
cases as they already have under consideration.
The Court shall elect the President and Vice-President for a period
of three years. They may be re-elected.
The members of the Court shall receive for each day of duty a
compensation to be determined by the Committee of Ministers.
For the consideration of each case brought before it the Court
shall consist of a Chamber composed of seven judges. There shall
sit as an 'ex officio' member of the Chamber the judge who is a
national of any State party concerned, or, if there is none, a
person of its choice who shall sit in the capacity of judge; the
names of the other judges shall be chosen by lot by the President
before the opening of the case.
Only the High Contracting Parties and the Commission shall have the
right to bring a case before the Court.
The jurisdiction of the Court shall extend to all cases concerning
the interpretation and application of the present Convention which
the High Contracting Parties or the Commission shall refer to it
in accordance with Article 48.
- Any of the High Contracting Parties may at any time declare
that it recognizes as compulsory 'ipso facto' and without special
agreement the jurisdiction of the Court in all matters concerning
the interpretation and application of the present Convention.
- The declarations referred to above may be made unconditionally
or on condition of reciprocity on the part of several or certain
other High Contracting Parties or for a specified period.
- These declarations shall be deposited with the Secretary-
General of the Council of Europe who shall transmit copies thereof
to the High Contracting Parties.
The Court may only deal with a case after the Commission has
acknowledged the failure of efforts for a friendly settlement and
within the period of three months provided for in Article 32.
The following may bring a case before the Court, provided that the
High Contracting Party concerned, if there is only one, or the High
Contracting Parties concerned, if there is more than one, are
subject to the compulsory jurisdiction of the Court, or failing
that, with the consent of the High Contracting Party concerned, if
there is only one, or of the High Contracting Parties concerned if
there is more than one:
- (a) the Commission;
- (b) a High Contracting Party whose national is alleged to be a
victim;
- (c) a High Contracting Party which referred the case to the
Commission;
- (d) a High Contracting Party against which the complaint has been
lodged.
In the event of dispute as to whither the Court has the
jurisdiction, the matter shall be settled by the decision of the
Court.
If the Court finds that a decision or a measure taken by a legal
authority or any other authority of a High Contracting Party, is
completely or partially in conflict with the obligations arising
from the present convention, and if the internal law of the said
Party allows only partial reparation to be made for the
consequences of this decision or measure, the decision of the Court
shall, if necessary, afford just satisfaction to the injured party.
- Reasons shall be given for the judgement of the Court.
- If the judgement does not represent in whole or in part the
unanimous opinion of the judges, any judges shall be entitled to
deliver a separate opinion.
The judgement of the Court shall be final.
The High Contracting Parties undertake to abide by the decision of
the Court in any case to which they are parties.
The judgement of the Court shall be transmitted to the Committee
of Ministers which shall supervise its execution.
The Court shall draw up its own rules and shall determine its own
procedure.
- The first election of the members of the Court shall take place
after the declarations by the High Contracting Parties mentioned
in Article 46 have reached a total of eight.
- No case can be brought before the Court before this election.
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 this Convention.
The expenses of the Commission and the Court shall be borne by the
Council of Europe.
The members of the Commission and of the Court shall be entitled,
during the discharge 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.
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.
Nothing in this Convention shall prejudice the powers conferred on
the Committee of Ministers by the Statute of the Council of Europe.
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.
- 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
extend to all or any of the territories for whose international
relations it is responsible.
- 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.
- The provisions of this Convention shall be applied in such
territories with due regard, however, to local requirements.
- 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 Commission to receive
petitions from individuals, non-governmental organizations or
groups of individuals in accordance with Article 25 of the present
Convention.
- 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.
- Any reservation made under this article shall contain a brief
statement of the law concerned.
- A High Contracting Party may denounce the present Convention
only after the expiry of five years from the date of 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.
- 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.
- 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.
- 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 Article 63.
- 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.
- The present Convention shall come into force after the deposit
of ten instruments of ratification.
- As regards any signatory ratifying subsequently, the Convention
shall come into force at the date of the deposit of itsP!nstrument
of ratification.
- 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 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 signatories.
1. Enforcement of certain Rights and Freedoms not included in Section I of the Convention
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:
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.
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 religions
and philosophical convictions.
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.
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.
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.
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
2. Conferring upon the European Court of Human Rights Competence to give Advisory Opinions
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 4 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:
- 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.
- 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 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.
- 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.
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.
- For the consideration of requests for an advisory opinion, the
Court shall sit in plenary session.
- Reasons shall be given for advisory opinions of the Court.
- 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.
- Advisory opinions of the Court shall be communicated to the
Committee of Ministers.
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.
- 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.
- This Protocol shall enter into force as soon as all the States
Parties to the Convention shall have become Parties to the Protocol
in accordance with the Provisions of paragraph 1 of this article.
- From the date of the entry into force of this Protocol,
Articles 1 to 4 shall be considered an integral part of the
Convention.
- 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
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 States.
3. Amending Articles 29, 30, and 94 of the Convention
The member States of the Council, 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 4 November 1950 (hereinafter referred
to as 'the Convention') concerning the procedure of the European
Commission of Human Rights,
Have agreed as follows:
- Article 29 of the Convention is deleted.
- 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 a case, the decision shall be communicated to the
parties."
- At the beginning of Article 34 of the Convention, the following
shall be inserted:
"Subject to the provisions of Article 29..."
- 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.
- The Protocol shall be open to signature by the member States
of the Council of Europe, 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 shall be deposited with the Secretary-General of
the Council of Europe.
- This Protocol shall enter force as soon as all States Parties
to the Convention shall have become Parties to the Protocol, in
accordance with paragraph 1 of this article.
- 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
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 States
4. Protecting certain Additional Rights
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 4 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 20
March 1952,
Have agreed as follows:
No one shall be deprived of his liberty merely on the ground of
inability to fulfil a contractual obligation.
- 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.
- Everyone shall be free to leave any country, including his own.
- 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 rights and freedoms of
others.
- The rights set forth in paragraph 1 may also be subject, in
particular areas, to restrictions imposes in accordance with law
and justified by the public interest in a democratic society.
- 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.
- No one shall be deprived of the right to enter the territory
of the State of which he is a national.
Collective expulsion of aliens is prohibited.
- 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.
- 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 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.
- The territory of any State to which this Protocol applies by
virtue of the 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.
- 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.
- Nevertheless, the right of individual recourse recognized 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 a right, or
accepting such jurisdiction, in respect of all or any of Articles
1 to 4 of the Protocol.
- 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.
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 thereof, the undersigned, being duly authorized thereto,
have signed this Protocol.
Done at Strasbourg, this 16th day of September 1963, 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 States.
5. Amending Articles 22 and 40 of the Convention
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 of 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 Commission') 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:
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."
In Article 22 of the Convention, the former paragraphs (3) and (4)
shall become respectively paragraphs (5) and (6).
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 half 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."
In Article 40 of the Convention, the former paragraphs (3) and (4)
shall become respectively paragraphs (5) and (6).
- 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.
- 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.
- 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
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.
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