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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.
