|
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:
ARTICLE 1
The High Contracting Parties shall secure to everyone within
their jurisdiction the rights and freedoms defined in Section
I of this Convention.
SECTION I
ARTICLE 2
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 unlawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot
or insurrection.
ARTICLE 3
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.
ARTICLE 4
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
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 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.
2. 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.
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 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.
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
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. 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.
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 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.
ARTICLE 7
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 the general principles
of law recognized by civilized nations.
ARTICLE 8
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
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 the protection
of the rights and freedoms of others.
ARTICLE 10
1. Everyone has the right to freedom of expression. this right
shall include freedom to hold opinions and to receive and impart
information an 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 the rights of others, for
preventing the disclosure of information received in confidence,
or for maintaining the authority and impartiality of the judiciary.
ARTICLE 11
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
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
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
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
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
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
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.
ARTICLE 18
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
ARTICLE 19
To ensure the observance of the engagements undertaken by the
High Contracting Parties in the present Convention, there shall
be set up:
1. A European Commission of Human Rights hereinafter referred
to as 'the Commission';
2. A European Court of Human Rights, hereinafter referred to
as 'the Court'.
SECTION III
ARTICLE 20
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.
ARTICLE 21
1. 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.
2. 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.
ARTICLE 22
1. 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.
2. 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.
3. 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.
4. 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.
ARTICLE 23
The members of the Commission shall sit on the Commission in their
individual capacity.
ARTICLE 24
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.
ARTICLE 25
1. 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.
2. Such declarations may be made for a specific period.
3. 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.
4. 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.
ARTICLE 26
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.
ARTICLE 27
1.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.
2. 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.
3. The Commission shall reject any petition referred to it which
it considers inadmissible under Article 26.
ARTICLE 28
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.
ARTICLE 29
1. The Commission shall perform the functions set out in Article
28 by means of a Sub-Commission consisting of seven members of
the Commission.
2. Each of the parties concerned may appoint as members of this
Sub-Commission a person of its choice.
3. The remaining members shall be chosen by lot in accordance
with arrangements prescribed in the Rules of Procedure of the
Commission.
ARTICLE 30
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.
ARTICLE 31
1. 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.
2. 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.
3. In transmitting the Report to the Committee of Ministers the
Commission may make such proposals as it thinks fit.
ARTICLE 32
1. 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.
2. 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.
3. 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.
4. 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.
ARTICLE 33
The Commission shall meet 'in camera'.
ARTICLE 34
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.
ARTICLE 35
The Commission shall meet as the circumstances require. The meetings
shall be convened by the Secretary-General of the Council of Europe.
ARTICLE 36
The Commission shall draw up its own rules of procedure.
ARTICLE 37
The secretariat of The Commission shall be provided by the Secretary-General
of the Council of Europe.
SECTION IV
ARTICLE 38
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.
ARTICLE 39
1. 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.
2. 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.
3. 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.
ARTICLE 40
1. 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.
2. 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.
3. 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.
4. 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.
ARTICLE 41
The Court shall elect the President and Vice-President for a
period of three years. They may be re-elected.
ARTICLE 42
The members of the Court shall receive for each day of duty a
compensation to be determined by the Committee of Ministers.
ARTICLE 43
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.
ARTICLE 44
Only the High Contracting Parties and the Commission shall have
the right to bring a case before the Court.
ARTICLE 45
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.
ARTICLE 46
1. 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.
2. 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.
3. These declarations shall be deposited with the Secretary-
General of the Council of Europe who shall transmit copies thereof
to the High Contracting Parties.
ARTICLE 47
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.
ARTICLE 48
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.
ARTICLE 49
In the event of dispute as to whither the Court has the jurisdiction,
the matter shall be settled by the decision of the Court.
ARTICLE 50
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.
ARTICLE 51
1. Reasons shall be given for the judgement of the Court.
2. 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.
ARTICLE 52
The judgement of the Court shall be final.
ARTICLE 53
The High Contracting Parties undertake to abide by the decision
of the Court in any case to which they are parties.
ARTICLE 54
The judgement of the Court shall be transmitted to the Committee
of Ministers which shall supervise its execution.
ARTICLE 55
The Court shall draw up its own rules and shall determine its
own procedure.
ARTICLE 56
1. 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.
2. No case can be brought before the Court before this election.
SECTION V
ARTICLE 57
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.
ARTICLE 58
The expenses of the Commission and the Court shall be borne by
the Council of Europe.
ARTICLE 59
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.
ARTICLE 60
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 61
Nothing in this Convention shall prejudice the powers conferred
on the Committee of Ministers by the Statute of the Council of
Europe.
ARTICLE 62
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 63
1. 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.
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. 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.
ARTICLE 64
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 65
1. 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.
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. 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.
ARTICLE 66
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 itsP!nstrument
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 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.
Protocols
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:
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 religions
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
--------------------------------------------------------------------------------
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:
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
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.
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 the 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
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 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 a case, the decision shall be communicated to the parties."
ARTICLE 2
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. 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.
2. 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.
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
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:
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 rights and freedoms
of others.
4. 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.
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 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 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.
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 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.
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.
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:
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 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."
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 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.
|
