Convention for the Protection
of Human Rights
and Fundamental Freedoms
as amended by Protocols Nos. 11
and 14
with Protocols Nos. 1, 4, 6, 7, 12 and 13
The text of the Convention is presented as amended by the provisions of
Protocol No. 14 (CETS no. 194) as from its entry into force on 1 June 2010.
The text of the Convention had previously been amended according to the
provisions of Protocol No. 3 (ETS no. 45), which entered into force on
21 September 1970, of Protocol No. 5 (ETS no. 55), which entered into force
on 20 December 1971, and of Protocol No. 8 (ETS no. 118), which entered
into force on 1 January 1990, and comprised also the text of Protocol No. 2
(ETS no. 44) which, in accordance with Article 5 § 3 thereof, had been an
integral part of the Convention since its entry into force on 21 September
1970. All provisions which had been amended or added by these Protocols
were replaced by Protocol No. 11 (ETS no. 155), as from the date of its entry
into force on 1 November 1998. As from that date, Protocol No. 9 (ETS
no. 140), which entered into force on 1 October 1994, was repealed and
Protocol No. 10 (ETS no. 146) lost its purpose.
The current state of signatures and ratifications of the Convention and its
Protocols as well as the complete list of declarations and reservations are
available at http://conventions.coe.int.
Registry of the European Court of Human Rights
June 2010
European Convention on Human Rights
Convention for the Protection of Human Rights and
Fundamental Freedoms
Rome, 4.XI.1950
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 that aim is to
be pursued is the maintenance and
further realisation of human rights and
fundamental freedoms;
Reaffirming their profound belief in those
fundamental freedoms which are the
foundation of justice and peace in the
world and are best maintained on the
one hand by an effective political
democracy and on the other by a
common understanding and observance
of the human rights upon which they
depend;
Being resolved, as the governments of
European countries which are likeminded
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 Declar-
ation,
Have agreed as follows:
Article 1
Obligation to respect human rights
The High Contracting Parties shall secure
to everyone within their jurisdiction the
rights and freedoms defined in Section I
of this Convention.
Section I
Rights and freedoms
Article 2
Right to life
1. Everyone’s right to life shall be
protected by law. No one shall be
deprived of his life intentionally save in
the execution of a sentence of a court
following his conviction of a crime for
which this penalty is provided by law.
2. Deprivation of life shall not be
regarded as inflicted in contravention of
this Article when it results from the use
of force which is no more than absolutely
necessary:
(a) in defence of any person from
unlawful violence;
(b) in order to effect a lawful arrest or
to prevent the escape of a person
lawfully detained;
(c) in action lawfully taken for the
purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or
to inhuman or degrading treatment or
punishment.
Article 4
Prohibition of slavery and forced
labour
1. No one shall be held in slavery or
servitude.
2. No one shall be required to perform
forced or compulsory labour.
3. For the purpose of this Article the
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European Convention on Human Rights
term “forced or compulsory labour” shall
not include:
(a) any work required to be done in the
ordinary course of detention imposed
according to the provisions of Article 5 of
this Convention or during conditional
release from such detention;
(b) any service of a military character
or, in case of conscientious objectors in
countries where they are recognised,
service exacted instead of compulsory
military service;
(c) any service exacted in case of an
emergency or calamity threatening the
life or well-being of the community;
(d) any work or service which forms
part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and
security of person. No one shall be
deprived of his liberty save in the
following cases and in accordance with a
procedure prescribed by law:
(a) the lawful detention of a person
after conviction by a competent court;
(b) the lawful arrest or detention of a
person for non-compliance with the
lawful order of a court or in order to
secure the fulfilment of any obligation
prescribed by law;
(c) the lawful arrest or detention of a
person effected for the purpose of
bringing him before the competent legal
authority on reasonable suspicion of
having committed an offence or when it
is reasonably considered necessary to
prevent his committing an offence or
fleeing after having done so;
(d) the detention of a minor by lawful
order for the purpose of educational
supervision or his lawful detention for
the purpose of bringing him before the
competent legal authority;
(e) the lawful detention of persons for
the prevention of the spreading of
infectious diseases, of persons of unsound
mind, alcoholics or drug addicts or
vagrants;
(f) the lawful arrest or detention of a
person to prevent his effecting an
unauthorised entry into the country or of
a person against whom action is being
taken with a view to deportation or
extradition.
2. Everyone who is arrested shall be
informed promptly, in a language which
he understands, of the reasons for his
arrest and of any charge against him.
3. Everyone arrested or detained in
accordance with the provisions of
paragraph 1 (c) of this Article shall be
brought promptly before a judge or
other officer authorised by law to
exercise judicial power and shall be
entitled to trial within a reasonable time
or to release pending trial. Release may
be conditioned by guarantees to appear
for trial.
4. Everyone who is deprived of his
liberty by arrest or detention shall be
entitled to take proceedings by which
the lawfulness of his detention shall be
decided speedily by a court and his
release ordered if the detention is not
lawful.
5. Everyone who has been the victim
of arrest or detention in contravention of
the provisions of this Article shall have
an enforceable right to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil
rights and obligations or of any criminal
charge against him, everyone is entitled
to a fair and public hearing within a
reasonable time by an independent and
impartial tribunal established by law.
Judgment shall be pronounced publicly
but the press and public may be
excluded from all or part of the trial in
the interests of morals, public order or
national security in a democratic society,
where the interests of juveniles or the
protection of the private life of the
parties so require, or to the extent
strictly necessary in the opinion of the
court in special circumstances where
publicity would prejudice the interests of
justice.
2. Everyone charged with a criminal
offence shall be presumed innocent until
proved guilty according to law.
3. Everyone charged with a criminal
offence has the following minimum
rights:
(a) to be informed promptly, in a
language which he understands and in
5
European Convention on Human Rights
detail, of the nature and cause of the
accusation against him;
(b) to have adequate time and facilities
for the preparation of his defence;
(c) to defend himself in person or
through legal assistance of his own
choosing or, if he has not sufficient
means to pay for legal assistance, to be
given it free when the interests of justice
so require;
(d) to examine or have examined
witnesses against him and to obtain the
attendance and examination of witnesses
on his behalf under the same
conditions as witnesses against him;
(e) to have the free assistance of an
interpreter if he cannot understand or
speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any
criminal offence on account of any act or
omission which did not constitute a
criminal offence under national or
international law at the time when it was
committed. Nor shall a heavier penalty
be imposed than the one that was
applicable at the time the criminal
offence was committed.
2. This Article shall not prejudice the
trial and punishment of any person for
any act or omission which, at the time
when it was committed, was criminal
according to the general principles of law
recognised by civilised nations.
Article 8
Right to respect for private and
family life
1. Everyone has the right to respect for
his private and family life, his home and
his correspondence.
2. There shall be no interference by a
public authority with the exercise of this
right except such as is in accordance
with the law and is necessary in a
democratic society in the interests of
national security, public safety or the
economic well-being of the country, for
the prevention of disorder or crime, for
the protection of health or morals, or for
the protection of the rights and
freedoms of others.
Article 9
Freedom of thought, conscience and
religion
1. Everyone has the right to freedom
of thought, conscience and religion; this
right includes freedom to change his
religion or belief and freedom, either
alone or in community with others and
in public or private, to manifest his
religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one’s religion
or beliefs shall be subject only to such
limitations as are prescribed by law and
are necessary in a democratic society in
the interests of public safety, for the
protection of public order, health or
morals, or for the protection of the
rights and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom
of expression. This right shall include
freedom to hold opinions and to receive
and impart information and ideas
without interference by public authority
and regardless of frontiers. This Article
shall not prevent States from requiring
the licensing of broadcasting, television
or cinema enterprises.
2. The exercise of these freedoms,
since it carries with it duties and
responsibilities, may be subject to such
formalities, conditions, restrictions or
penalties as are prescribed by law and
are necessary in a democratic society, in
the interests of national security,
territorial integrity or public safety, for
the prevention of disorder or crime, for
the protection of health or morals, for
the protection of the reputation or rights
of others, for preventing the disclosure
of information received in confidence, or
for maintaining the authority and impartiality
of the judiciary.
Article 11
Freedom of assembly and
association
1. Everyone has the right to freedom
of peaceful assembly and to freedom of
association with others, including the
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European Convention on Human Rights
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
Right to marry
Men and women of marriageable age
have the right to marry and to found a
family, according to the national laws
governing the exercise of this right.
Article 13
Right to an effective remedy
Everyone whose rights and freedoms as
set forth in this Convention are violated
shall have an effective remedy before a
national authority notwithstanding that
the violation has been committed by
persons acting in an official capacity.
Article 14
Prohibition of discrimination
The enjoyment of the rights and
freedoms set forth in this Convention
shall be secured without discrimination
on any ground such as sex, race, colour,
language, religion, political or other
opinion, national or social origin,
association with a national minority,
property, birth or other status.
Article 15
Derogation in time of emergency
1. In time of war or other public
emergency threatening the life of the
nation any High Contracting Party may
take measures derogating from its
obligations under this Convention to the
extent strictly required by the exigencies
of the situation, provided that such
measures are not inconsistent with its
other obligations under international
law.
2. No derogation from Article 2, except
in respect of deaths resulting from lawful
acts of war, or from Articles 3, 4 § 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
Restrictions on political activity of
aliens
Nothing in Articles 10, 11 and 14 shall
be regarded as preventing the High
Contracting Parties from imposing
restrictions on the political activity of
aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be
interpreted as implying for any State,
group or person any right to engage in
any activity or perform any act aimed at
the destruction of any of the rights and
freedoms set forth herein or at their
limitation to a greater extent than is
provided for in the Convention.
Article 18
Limitation on use of restrictions on
rights
The restrictions permitted under this
Convention to the said rights and
freedoms shall not be applied for any
purpose other than those for which they
have been prescribed.
7
European Convention on Human Rights
Section II
European Court of Human Rights
Article 19
Establishment of the Court
To ensure the observance of the
engagements undertaken by the High
Contracting Parties in the Convention
and the Protocols thereto, there shall be
set up a European Court of Human
Rights, hereinafter referred to as “the
Court”. It shall function on a permanent
basis.
Article 20
Number of judges
The Court shall consist of a number of
judges equal to that of the High
Contracting Parties.
Article 21
Criteria for office
1. The judges shall be of high moral
character and must either possess the
qualifications required for appointment
to high judicial office or be jurisconsults
of recognised competence.
2. The judges shall sit on the Court in
their individual capacity.
3. During their term of office the
judges shall not engage in any activity
which is incompatible with their
independence, impartiality or with the
demands of a full-time office; all
questions arising from the application of
this paragraph shall be decided by the
Court.
Article 22
Election of judges
The judges shall be elected by the
Parliamentary Assembly with respect to
each High Contracting Party by a
majority of votes cast from a list of three
candidates nominated by the High
Contracting Party.
Article 23
Terms of office and dismissal
1. The judges shall be elected for a
period of nine years. They may not be
re-elected.
2. The terms of office of judges shall
expire when they reach the age of 70.
3. The judges shall hold office until
replaced. They shall, however, continue
to deal with such cases as they already
have under consideration.
4. No judge may be dismissed from
office unless the other judges decide by
a majority of two-thirds that that judge
has ceased to fulfil the required
conditions.
Article 24
Registry and rapporteurs
1. The Court shall have a Registry, the
functions and organisation of which shall
be laid down in the rules of the Court.
2. When sitting in a single-judge
formation, the Court shall be assisted by
rapporteurs who shall function under the
authority of the President of the Court.
They shall form part of the Court’s
Registry.
Article 25
Plenary Court
The plenary Court shall
(a) elect its President and one or two
Vice-Presidents for a period of three
years; they may be re-elected;
(b) set up Chambers, constituted for a
fixed period of time;
(c) elect the Presidents of the Chambers
of the Court; they may be re-elected;
(d) adopt the rules of the Court;
(e) elect the Registrar and one or more
Deputy Registrars;
(f) make any request under Article 26
§ 2.
Article 26
Single-judge formation, Committees,
Chambers and Grand Chamber
1. To consider cases brought before it,
the Court shall sit in a single-judge
formation, in Committees of three
judges, in Chambers of seven judges
8
European Convention on Human Rights
and in a Grand Chamber of seventeen
judges. The Court’s Chambers shall set
up Committees for a fixed period of
time.
2. At the request of the plenary Court,
the Committee of Ministers may, by a
unanimous decision and for a fixed
period, reduce to five the number of
judges of the Chambers.
3. When sitting as a single judge, a
judge shall not examine any application
against the High Contracting Party in
respect of which that judge has been
elected.
4. There shall sit as an ex officio
member of the Chamber and the Grand
Chamber the judge elected in respect of
the High Contracting Party concerned. If
there is none or if that judge is unable to
sit, a person chosen by the President of
the Court from a list submitted in
advance by that Party shall sit in the
capacity of judge.
5. The Grand Chamber shall also
include the President of the Court, the
Vice-Presidents, the Presidents of the
Chambers and other judges chosen in
accordance with the rules of the Court.
When a case is referred to the Grand
Chamber under Article 43, no judge
from the Chamber which rendered the
judgment shall sit in the Grand
Chamber, with the exception of the
President of the Chamber and the judge
who sat in respect of the High
Contracting Party concerned.
Article 27
Competence of single judges
1. A single judge may declare
inadmissible or strike out of the Court’s
list of cases an application submitted
under Article 34, where such a decision
can be taken without further examin-
ation.
2. The decision shall be final.
3. If the single judge does not declare
an application inadmissible or strike it
out, that judge shall forward it to a
Committee or to a Chamber for further
examination.
Article 28
Competence of Committees
1. In respect of an application submitted
under Article 34, a Committee
may, by a unanimous vote,
(a) declare it inadmissible or strike it
out of its list of cases, where such
decision can be taken without further
examination; or
(b) declare it admissible and render at
the same time a judgment on the
merits, if the underlying question in the
case, concerning the interpretation or
the application of the Convention or the
Protocols thereto, is already the subject
of well-established case-law of the
Court.
2. Decisions and judgments under
paragraph 1 shall be final.
3. If the judge elected in respect of the
High Contracting Party concerned is not
a member of the Committee, the
Committee may at any stage of the
proceedings invite that judge to take the
place of one of the members of the
Committee, having regard to all relevant
factors, including whether that Party has
contested the application of the procedure
under paragraph 1 (b).
Article 29
Decisions by Chambers on
admissibility and merits
1. If no decision is taken under Article
27 or 28, or no judgment rendered
under Article 28, a Chamber shall decide
on the admissibility and merits of
individual applications submitted under
Article 34. The decision on admissibility
may be taken separately.
2. A Chamber shall decide on the
admissibility and merits of inter-State
applications submitted under Article 33.
The decision on admissibility shall be
taken separately unless the Court, in
exceptional cases, decides otherwise.
Article 30
Relinquishment of jurisdiction to the
Grand Chamber
Where a case pending before a Chamber
9
European Convention on Human Rights
raises a serious question affecting the
interpretation of the Convention or the
Protocols thereto, or where the
resolution of a question before the
Chamber might have a result
inconsistent with a judgment previously
delivered by the Court, the Chamber
may, at any time before it has rendered
its judgment, relinquish jurisdiction in
favour of the Grand Chamber, unless
one of the parties to the case objects.
Article 31
Powers of the Grand Chamber
The Grand Chamber shall
(a) determine applications submitted
either under Article 33 or Article 34
when a Chamber has relinquished
jurisdiction under Article 30 or when the
case has been referred to it under Article
43;
(b) decide on issues referred to the
Court by the Committee of Ministers in
accordance with Article 46 § 4; and
(c) consider requests for advisory
opinions submitted under Article 47.
Article 32
Jurisdiction of the Court
1. The jurisdiction of the Court shall
extend to all matters concerning the
interpretation and application of the
Convention and the Protocols thereto
which are referred to it as provided in
Articles 33, 34, 46 and 47.
2. In the event of dispute as to
whether the Court has jurisdiction, the
Court shall decide.
Article 33
Inter-State cases
Any High Contracting Party may refer to
the Court any alleged breach of the
provisions of the Convention and the
Protocols thereto by another High
Contracting Party.
Article 34
Individual applications
The Court may receive applications from
any person, non-governmental organisation
or group of individuals claiming to
be the victim of a violation by one of the
High Contracting Parties of the rights set
forth in the Convention or the Protocols
thereto. The High Contracting Parties
undertake not to hinder in any way the
effective exercise of this right.
Article 35
Admissibility criteria
1. The Court may only deal with the
matter after all domestic remedies have
been exhausted, according to the
generally recognised rules of international
law, and within a period of six
months from the date on which the final
decision was taken.
2. The Court shall not deal with any
application submitted under Article 34
that
(a) is anonymous; or
(b) is substantially the same as a
matter that has already been examined
by the Court or has already been
submitted to another procedure of
international investigation or settlement
and contains no relevant new infor-
mation.
3. The Court shall declare inadmissible
any individual application submitted
under Article 34 if it considers that:
(a) the application is incompatible with
the provisions of the Convention or the
Protocols thereto, manifestly ill-founded,
or an abuse of the right of individual
application; or
(b) the applicant has not suffered a
significant disadvantage, unless respect
for human rights as defined in the
Convention and the Protocols thereto
requires an examination of the
application on the merits and provided
that no case may be rejected on this
ground which has not been duly
considered by a domestic tribunal.
4. The Court shall reject any
application which it considers inadmissible
under this Article. It may do so at
any stage of the proceedings.
Article 36
Third party intervention
1. In all cases before a Chamber or the
Grand Chamber, a High Contracting
Party one of whose nationals is an
applicant shall have the right to submit
written comments and to take part in
hearings.
2. The President of the Court may, in
10
European Convention on Human Rights
the interest of the proper administration
of justice, invite any High Contracting
Party which is not a party to the
proceedings or any person concerned
who is not the applicant to submit
written comments or take part in
hearings.
3. In all cases before a Chamber or the
Grand Chamber, the Council of Europe
Commissioner for Human Rights may
submit written comments and take part
in hearings.
Article 37
Striking out applications
1. The Court may at any stage of the
proceedings decide to strike an application
out of its list of cases where the
circumstances lead to the conclusion
that
(a) the applicant does not intend to
pursue his application; or
(b) the matter has been resolved; or
(c) for any other reason established by
the Court, it is no longer justified to
continue the examination of the
application.
However, the Court shall continue the
examination of the application if respect
for human rights as defined in the
Convention and the Protocols thereto so
requires.
2. The Court may decide to restore an
application to its list of cases if it
considers that the circumstances justify
such a course.
Article 38
Examination of the case
The Court shall examine the case
together with the representatives of the
parties and, if need be, undertake an
investigation, for the effective conduct of
which the High Contracting Parties
concerned shall furnish all necessary
facilities.
Article 39
Friendly settlements
1. At any stage of the proceedings, the
Court may place itself at the disposal of
the parties concerned with a view to
securing a friendly settlement of the
matter on the basis of respect for human
rights as defined in the Convention and
the Protocols thereto.
2. Proceedings conducted under paragraph
1 shall be confidential.
3. If a friendly settlement is effected,
the Court shall strike the case out of its
list by means of a decision which shall
be confined to a brief statement of the
facts and of the solution reached.
4. This decision shall be transmitted to
the Committee of Ministers, which shall
supervise the execution of the terms of
the friendly settlement as set out in the
decision.
Article 40
Public hearings and access to
documents
1. Hearings shall be in public unless
the Court in exceptional circumstances
decides otherwise.
2. Documents deposited with the
Registrar shall be accessible to the
public unless the President of the Court
decides otherwise.
Article 41
Just satisfaction
If the Court finds that there has been a
violation of the Convention or the
Protocols thereto, and if the internal law
of the High Contracting Party concerned
allows only partial reparation to be
made, the Court shall, if necessary,
afford just satisfaction to the injured
party.
Article 42
Judgments of Chambers
Judgments of Chambers shall become
final in accordance with the provisions of
Article 44 § 2.
Article 43
Referral to the Grand Chamber
1. Within a period of three months
from the date of the judgment of the
Chamber, any party to the case may, in
exceptional cases, request that the case
be referred to the Grand Chamber.
2. A panel of five judges of the Grand
Chamber shall accept the request if the
case raises a serious question affecting
the interpretation or application of the
Convention or the Protocols thereto, or a
11
European Convention on Human Rights
serious issue of general importance.
3. If the panel accepts the request, the
Grand Chamber shall decide the case by
means of a judgment.
Article 44
Final judgments
1. The judgment of the Grand Chamber
shall be final.
2. The judgment of a Chamber shall
become final
(a) when the parties declare that they
will not request that the case be referred
to the Grand Chamber; or
(b) three months after the date of the
judgment, if reference of the case to the
Grand Chamber has not been requested;
or
(c) when the panel of the Grand
Chamber rejects the request to refer
under Article 43.
3. The final judgment shall be pub-
lished.
Article 45
Reasons for judgments and
decisions
1. Reasons shall be given for judgments
as well as for decisions declaring
applications admissible or inadmissible.
2. If a judgment does not represent, in
whole or in part, the unanimous opinion
of the judges, any judge shall be entitled
to deliver a separate opinion.
Article 46
Binding force and execution of
judgments
1. The High Contracting Parties undertake
to abide by the final judgment of
the Court in any case to which they are
parties.
2. The final judgment of the Court shall
be transmitted to the Committee of
Ministers, which shall supervise its
execution.
3. If the Committee of Ministers
considers that the supervision of the
execution of a final judgment is hindered
by a problem of interpretation of the
judgment, it may refer the matter to the
Court for a ruling on the question of
interpretation. A referral decision shall
require a majority vote of two thirds of
the representatives entitled to sit on the
Committee.
4. If the Committee of Ministers
considers that a High Contracting Party
refuses to abide by a final judgment in a
case to which it is a party, it may, after
serving formal notice on that Party and
by decision adopted by a majority vote
of two-thirds of the representatives
entitled to sit on the Committee, refer to
the Court the question whether that
Party has failed to fulfil its obligation
under paragraph 1.
5. If the Court finds a violation of
paragraph 1, it shall refer the case to
the Committee of Ministers for
consideration of the measures to be
taken. If the Court finds no violation of
paragraph 1, it shall refer the case to
the Committee of Ministers, which shall
close its examination of the case.
Article 47
Advisory opinions
1. The Court may, at the request of the
Committee of Ministers, give advisory
opinions on legal questions concerning
the interpretation of the Convention and
the Protocols thereto.
2. Such opinions shall not deal with
any question relating to the content or
scope of the rights or freedoms defined
in Section I of the Convention and the
Protocols thereto, or with any other
question which the Court or the
Committee of Ministers might have to
consider in consequence of any such
proceedings as could be instituted in
accordance with the Convention.
3. Decisions of the Committee of
Ministers to request an advisory opinion
of the Court shall require a majority vote
of the representatives entitled to sit on
the Committee.
Article 48
Advisory jurisdiction of the Court
The Court shall decide whether a request
for an advisory opinion submitted by the
Committee of Ministers is within its
competence as defined in Article 47.
12
European Convention on Human Rights
Article 49
Reasons for advisory opinions
1. Reasons shall be given for advisory
opinions of the Court.
2. If the advisory opinion does not
represent, in whole or in part, the
unanimous opinion of the judges, any
judge shall be entitled to deliver a
separate opinion.
3. Advisory opinions of the Court shall
be communicated to the Committee of
Ministers.
Article 50
Expenditure on the Court
The expenditure on the Court shall be
borne by the Council of Europe.
Article 51
Privileges and immunities of judges
The judges shall be entitled, during the
exercise of their functions, to the
privileges and immunities provided for in
Article 40 of the Statute of the Council of
Europe and in the agreements made
thereunder.
Section III
Miscellaneous provisions
Article 52
Inquiries by the Secretary General
On receipt of a request from the
Secretary General of the Council of
Europe any High Contracting Party shall
furnish an explanation of the manner in
which its internal law ensures the
effective implementation of any of the
provisions of the Convention.
Article 53
Safeguard for existing human rights
Nothing in this Convention shall be
construed as limiting or derogating from
any of the human rights and fundamental
freedoms which may be ensured
under the laws of any High Contracting
Party or under any other agreement to
which it is a party.
Article 54
Powers of the Committee of
Ministers
Nothing in this Convention shall
prejudice the powers conferred on the
Committee of Ministers by the Statute of
the Council of Europe.
Article 55
Exclusion of other means of dispute
settlement
The High Contracting Parties agree that,
except by special agreement, they will
not avail themselves of treaties,
conventions or declarations in force
between them for the purpose of
submitting, by way of petition, a dispute
arising out of the interpretation or
application of this Convention to a
means of settlement other than those
provided for in this Convention.
Article 56
Territorial application
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, subject to paragraph 4 of this
Article, extend to all or any of the
territories for whose international
relations it is responsible.
2. The Convention shall extend to the
territory or territories named in the
13
European Convention on Human Rights
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 require-
ments.
4. Any State which has made a
declaration in accordance with paragraph
1 of this Article may at any time
thereafter declare on behalf of one or
more of the territories to which the
declaration relates that it accepts the
competence of the Court to receive
applications from individuals, nongovernmental
organisations or groups of
individuals as provided by Article 34 of
the Convention.
Article 57
Reservations
1. Any State may, when signing this
Convention or when depositing its
instrument of ratification, make a
reservation in respect of any particular
provision of the Convention to the extent
that any law then in force in its territory
is not in conformity with the provision.
Reservations of a general character shall
not be permitted under this Article.
2. Any reservation made under this
Article shall contain a brief statement of
the law concerned.
Article 58
Denunciation
1. A High Contracting Party may
denounce the present Convention only
after the expiry of five years from the
date on which it became a party to it
and after six months’ notice contained in
a notification addressed to the Secretary
General of the Council of Europe, who
shall inform the other High Contracting
Parties.
2. Such a denunciation shall not have
the effect of releasing the High
Contracting Party concerned from its
obligations under this Convention in
respect of any act which, being capable
of constituting a violation of such
obligations, may have been performed
by it before the date at which the
denunciation became effective.
3. Any High Contracting Party which
shall cease to be a member of the
Council of Europe shall cease to be a
party to this Convention under the same
conditions.
4. The Convention may be denounced
in accordance with the provisions of the
preceding paragraphs in respect of any
territory to which it has been declared to
extend under the terms of Article 56.
Article 59
Signature and ratification
1. This Convention shall be open to
the signature of the members of the
Council of Europe. It shall be ratified.
Ratifications shall be deposited with the
Secretary General of the Council of
Europe.
2. The European Union may accede to
this Convention.
3. The present Convention shall come
into force after the deposit of ten
instruments of ratification.
4. As regards any signatory ratifying
subsequently, the Convention shall come
into force at the date of the deposit of
its instrument of ratification.
5. The Secretary General of the
Council of Europe shall notify all the
members of the Council of Europe of the
entry into force of the Convention, the
names of the High Contracting Parties
who have ratified it, and the deposit of
all instruments of ratification which may
be effected subsequently.
Done at Rome this 4th day of November
1950, in English and French, both texts
being equally authentic, in a single copy
which shall remain deposited in the
archives of the Council of Europe. The
Secretary General shall transmit certified
copies to each of the signatories.
14
European Convention on Human Rights
Protocol to the Convention for the Protection
of Human Rights and Fundamental Freedoms
Paris, 20.III.1952
The governments signatory hereto, being members of the Council of Europe,
Being resolved to take steps to ensure
the collective enforcement of certain
rights and freedoms other than those
already included in Section I of the
Convention for the Protection of Human
Rights and Fundamental Freedoms
signed at Rome on 4 November 1950
(hereinafter referred to as “the
Convention”),
Have agreed as follows:
Article 1
Protection of property
Every natural or legal person is entitled
to the peaceful enjoyment of his
possessions. No one shall be deprived of
his possessions except in the public
interest and subject to the conditions
provided for by law and by the general
principles of international law.
The preceding provisions shall not,
however, in any way impair the right of
a State to enforce such laws as it deems
necessary to control the use of property
in accordance with the general interest
or to secure the payment of taxes or
other contributions or penalties.
Article 2
Right to education
No person shall be denied the right to
education. In the exercise of any
functions which it assumes in relation to
education and to teaching, the State
shall respect the right of parents to
ensure such education and teaching in
conformity with their own religious and
philosophical convictions.
Article 3
Right to free elections
The High Contracting Parties undertake
to hold free elections at reasonable
intervals by secret ballot, under
conditions which will ensure the free
expression of the opinion of the people
in the choice of the legislature.
Article 4
Territorial application
Any High Contracting Party may at the
time of signature or ratification or at any
time thereafter communicate to the
Secretary General of the Council of
Europe a declaration stating the extent
to which it undertakes that the
provisions of the present Protocol shall
apply to such of the territories for the
international relations of which it is
responsible as are named therein.
Any High Contracting Party which has
communicated a declaration in virtue of
the preceding paragraph may from time
to time communicate a further
declaration modifying the terms of any
former declaration or terminating the
application of the provisions of this
Protocol in respect of any territory.
A declaration made in accordance with
this Article shall be deemed to have
been made in accordance with paragraph
1 of Article 56 of the Convention.
Article 5
Relationship to the Convention
As between the High Contracting Parties
the provisions of Articles 1, 2, 3 and 4 of
this Protocol shall be regarded as
additional Articles to the Convention and
all the provisions of the Convention shall
apply accordingly.
Article 6
Signature and ratification
This Protocol shall be open for signature
by the members of the Council of
Europe, who are the signatories of the
Convention; it shall be ratified at the
same time as or after the ratification of
the Convention. It shall enter into force
after the deposit of ten instruments of
ratification. As regards any signatory
ratifying subsequently, the Protocol shall
enter into force at the date of the
15
European Convention on Human Rights
deposit of its instrument of ratification.
The instruments of ratification shall be
deposited with the Secretary General of
the Council of Europe, who will notify all
members of the names of those who
have ratified.
Done at Paris on the 20th day of March
1952, in English and French, both texts
being equally authentic, in a single copy
which shall remain deposited in the
archives of the Council of Europe. The
Secretary General shall transmit certified
copies to each of the signatory
governments.
Protocol No. 4 to the Convention for the Protection
of Human Rights and Fundamental Freedoms
securing certain rights and freedoms other than
those already included in the Convention and in the
first Protocol thereto
Strasbourg, 16.IX.1963
The governments signatory hereto, being members of the Council of Europe,
Being resolved to take steps to ensure
the collective enforcement of certain
rights and freedoms other than those
already included in Section I of the
Convention for the Protection of Human
Rights and Fundamental Freedoms
signed at Rome on 4 November 1950
(hereinafter referred to as the
“Convention”) 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
Prohibition of imprisonment for debt
No one shall be deprived of his liberty
merely on the ground of inability to fulfil
a contractual obligation.
Article 2
Freedom of movement
1. Everyone lawfully within the
territory of a State shall, within that
territory, have the right to liberty of
movement and freedom to choose his
residence.
2. Everyone shall be free to leave any
country, including his own.
3. No restrictions shall be placed on
the exercise of these rights other than
such as are in accordance with law and
are necessary in a democratic society in
the interests of national security or
public safety, for the maintenance of
ordre public, for the prevention of crime,
for the protection of health or morals, or
for the protection of the rights and
freedoms of others.
4. The rights set forth in paragraph 1
may also be subject, in particular areas,
to restrictions imposed in accordance
with law and justified by the public
interest in a democratic society.
Article 3
Prohibition of expulsion of nationals
1. No one shall be expelled, by means
either of an individual or of a collective
measure, from the territory of the State
of which he is a national.
2. No one shall be deprived of the right
to enter the territory of the State of
which he is a national.
Article 4
Prohibition of collective expulsion of
aliens
Collective expulsion of aliens is pro-
hibited.
Article 5
Territorial application
1. Any High Contracting Party may, at
the time of signature or ratification of
this Protocol, or at any time thereafter,
communicate to the Secretary General
of the Council of Europe a declaration
16
European Convention on Human Rights
stating the extent to which it undertakes
that the provisions of this Protocol shall
apply to such of the territories for the
international relations of which it is
responsible as are named therein.
2. Any High Contracting Party which
has communicated a declaration in
virtue of the preceding paragraph may,
from time to time, communicate a
further declaration modifying the terms
of any former declaration or terminating
the application of the provisions of this
Protocol in respect of any territory.
3. A declaration made in accordance
with this Article shall be deemed to have
been made in accordance with
paragraph 1 of Article 56 of the
Convention.
4. The territory of any State to which
this Protocol applies by virtue of
ratification or acceptance by that State,
and each territory to which this Protocol
is applied by virtue of a declaration by
that State under this Article, shall be
treated as separate territories for the
purpose of the references in Articles 2
and 3 to the territory of a State.
5. Any State which has made a
declaration in accordance with paragraph
1 or 2 of this Article may at any
time thereafter declare on behalf of one
or more of the territories to which the
declaration relates that it accepts the
competence of the Court to receive
applications from individuals, nongovernmental
organisations or groups of
individuals as provided in Article 34 of
the Convention in respect of all or any of
Articles 1 to 4 of this Protocol.
Article 6
Relationship to the Convention
As between the High Contracting Parties
the provisions of Articles 1 to 5 of this
Protocol shall be regarded as additional
Articles to the Convention, and all the
provisions of the Convention shall apply
accordingly.
Article 7
Signature and ratification
1. This Protocol shall be open for
signature by the members of the Council
of Europe who are the signatories of the
Convention; it shall be ratified at the
same time as or after the ratification of
the Convention. It shall enter into force
after the deposit of five instruments of
ratification. As regards any signatory
ratifying subsequently, the Protocol shall
enter into force at the date of the
deposit of its instrument of ratification.
2. The instruments of ratification shall
be deposited with the Secretary General
of the Council of Europe, who will notify
all members of the names of those who
have ratified.
In witness whereof the undersigned,
being duly authorised thereto, have
signed this Protocol.
Done at Strasbourg, this 16th day of
September 1963, in English and in
French, both texts being equally
authoritative, in a single copy which
shall remain deposited in the archives of
the Council of Europe. The Secretary
General shall transmit certified copies to
each of the signatory States.
Protocol No. 6 to the Convention for the Protection
of Human Rights and Fundamental Freedoms
concerning the abolition of the death penalty
Strasbourg, 28.IV.1983
The member States of the Council of
Europe, signatory to this Protocol to the
Convention for the Protection of Human
Rights and Fundamental Freedoms,
signed at Rome on 4 November 1950
(hereinafter referred to as “the
Convention”),
Considering that the evolution that has
occurred in several member States of
the Council of Europe expresses a
general tendency in favour of abolition
17
European Convention on Human Rights
of the death penalty;
Have agreed as follows:
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No
one shall be condemned to such penalty
or executed.
Article 2
Death penalty in time of war
A State may make provision in its law
for the death penalty in respect of acts
committed in time of war or of imminent
threat of war; such penalty shall be
applied only in the instances laid down
in the law and in accordance with its
provisions. The State shall communicate
to the Secretary General of the Council
of Europe the relevant provisions of that
law.
Article 3
Prohibition of derogations
No derogation from the provisions of this
Protocol shall be made under Article 15
of the Convention.
Article 4
Prohibition of reservations
No reservation may be made under
Article 57 of the Convention in respect of
the provisions of this Protocol.
Article 5
Territorial application
1. Any State may at the time of
signature or when depositing its
instrument of ratification, acceptance or
approval, specify the territory or
territories to which this Protocol shall
apply.
2. Any State may at any later date, by
a declaration addressed to the Secretary
General of the Council of Europe, extend
the application of this Protocol to any
other territory specified in the declaration.
In respect of such territory the
Protocol shall enter into force on the first
day of the month following the date of
receipt of such declaration by the
Secretary General.
3. Any declaration made under the two
preceding paragraphs may, in respect of
any territory specified in such declaration,
be withdrawn by a notification
addressed to the Secretary General. The
withdrawal shall become effective on the
first day of the month following the date
of receipt of such notification by the
Secretary General.
Article 6
Relationship to the Convention
As between the States Parties the
provisions of Articles 1 and 5 of this
Protocol shall be regarded as additional
Articles to the Convention and all the
provisions of the Convention shall apply
accordingly.
Article 7
Signature and ratification
The Protocol shall be open for signature
by the member States of the Council of
Europe, signatories to the Convention. It
shall be subject to ratification, acceptance
or approval. A member State of the
Council of Europe may not ratify, accept
or approve this Protocol unless it has,
simultaneously or previously, ratified the
Convention. Instruments of ratification,
acceptance or approval shall be deposited
with the Secretary General of
the Council of Europe.
Article 8
Entry into force
1. This Protocol shall enter into force
on the first day of the month following
the date on which five member States of
the Council of Europe have expressed
their consent to be bound by the
Protocol in accordance with the provisions
of Article 7.
2. In respect of any member State
which subsequently expresses its consent
to be bound by it, the Protocol shall
enter into force on the first day of the
month following the date of the deposit
of the instrument of ratification, acceptance
or approval.
Article 9
Depositary functions
The Secretary General of the Council of
Europe shall notify the member States of
the Council of:
(a) any signature;
(b) the deposit of any instrument of
18
European Convention on Human Rights
ratification, acceptance or approval;
(c) any date of entry into force of this
Protocol in accordance with Articles 5
and 8;
(d) any other act, notification or
communication relating to this Protocol.
In witness whereof the undersigned,
being duly authorised thereto, have
signed this Protocol.
Done at Strasbourg, this 28th day of
April 1983, in English and in French,
both texts being equally authentic, in a
single copy which shall be deposited in
the archives of the Council of Europe.
The Secretary General of the Council of
Europe shall transmit certified copies to
each member State of the Council of
Europe.
Protocol No. 7 to the Convention for the Protection
of Human Rights and Fundamental Freedoms
Strasbourg, 22.XI.1984
The member States of the Council of Europe signatory hereto,
Being resolved to take further steps to
ensure the collective enforcement of
certain rights and freedoms by means of
the Convention for the Protection of
Human Rights and Fundamental
Freedoms signed at Rome on 4 November
1950 (hereinafter referred to as
“the Convention”),
Have agreed as follows:
Article 1
Procedural safeguards relating to
expulsion of aliens
1. An alien lawfully resident in the
territory of a State shall not be expelled
therefrom except in pursuance of a
decision reached in accordance with law
and shall be allowed:
(a) to submit reasons against his
expulsion,
(b) to have his case reviewed, and
(c) to be represented for these purposes
before the competent authority or
a person or persons designated by that
authority.
2. An alien may be expelled before the
exercise of his rights under paragraph
1 (a), (b) and (c) of this Article, when
such expulsion is necessary in the
interests of public order or is grounded
on reasons of national security.
Article 2
Right of appeal in criminal matters
1. Everyone convicted of a criminal
offence by a tribunal shall have the right
to have his conviction or sentence
reviewed by a higher tribunal. The
exercise of this right, including the
grounds on which it may be exercised,
shall be governed by law.
2. This right may be subject to
exceptions in regard to offences of a
minor character, as prescribed by law, or
in cases in which the person concerned
was tried in the first instance by the
highest tribunal or was convicted
following an appeal against acquittal.
Article 3
Compensation for wrongful
conviction
When a person has by a final decision
been convicted of a criminal offence and
when subsequently his conviction has
been reversed, or he has been
pardoned, on the ground that a new or
newly discovered fact shows conclusively
that there has been a miscarriage of
justice, the person who has suffered
punishment as a result of such
conviction shall be compensated
according to the law or the practice of
the State concerned, unless it is proved
that the non-disclosure of the unknown
fact in time is wholly or partly
attributable to him.
Article 4
Right not to be tried or punished
twice
1. No one shall be liable to be tried or
punished again in criminal proceedings
19
European Convention on Human Rights
under the jurisdiction of the same State
for an offence for which he has already
been finally acquitted or convicted in
accordance with the law and penal
procedure of that State.
2. The provisions of the preceding
paragraph shall not prevent the
reopening of the case in accordance with
the law and penal procedure of the State
concerned, if there is evidence of new or
newly discovered facts, or if there has
been a fundamental defect in the
previous proceedings, which could affect
the outcome of the case.
3. No derogation from this Article shall
be made under Article 15 of the
Convention.
Article 5
Equality between spouses
Spouses shall enjoy equality of rights
and responsibilities of a private law
character between them, and in their
relations with their children, as to
marriage, during marriage and in the
event of its dissolution. This Article shall
not prevent States from taking such
measures as are necessary in the
interests of the children.
Article 6
Territorial application
1. Any State may at the time of
signature or when depositing its
instrument of ratification, acceptance or
approval, specify the territory or
territories to which the Protocol shall
apply and state the extent to which it
undertakes that the provisions of this
Protocol shall apply to such territory or
territories.
2. Any State may at any later date, by
a declaration addressed to the Secretary
General of the Council of Europe, extend
the application of this Protocol to any
other territory specified in the declaration.
In respect of such territory the
Protocol shall enter into force on the first
day of the month following the
expiration of a period of two months
after the date of receipt by the Secretary
General of such declaration.
3. Any declaration made under the two
preceding paragraphs may, in respect of
any territory specified in such declaration,
be withdrawn or modified by a
notification addressed to the Secretary
General. The withdrawal or modification
shall become effective on the first day of
the month following the expiration of a
period of two months after the date of
receipt of such notification by the
Secretary General.
4. A declaration made in accordance
with this Article shall be deemed to have
been made in accordance with
paragraph 1 of Article 56 of the
Convention.
5. The territory of any State to which
this Protocol applies by virtue of
ratification, acceptance or approval by
that State, and each territory to which
this Protocol is applied by virtue of a
declaration by that State under this
Article, may be treated as separate
territories for the purpose of the
reference in Article 1 to the territory of a
State.
6. Any State which has made a
declaration in accordance with
paragraph 1 or 2 of this Article may at
any time thereafter declare on behalf of
one or more of the territories to which
the declaration relates that it accepts
the competence of the Court to receive
applications from individuals, nongovernmental
organisations or groups of
individuals as provided in Article 34 of
the Convention in respect of Articles 1
to 5 of this Protocol.
Article 7
Relationship to the Convention
As between the States Parties, the
provisions of Article 1 to 6 of this
Protocol shall be regarded as additional
Articles to the Convention, and all the
provisions of the Convention shall apply
accordingly.
Article 8
Signature and ratification
This Protocol shall be open for signature
by member States of the Council of
Europe which have signed the
Convention. It is subject to ratification,
acceptance or approval. A member State
of the Council of Europe may not ratify,
accept or approve this Protocol without
previously or simultaneously ratifying
20
European Convention on Human Rights
the Convention. Instruments of
ratification, acceptance or approval shall
be deposited with the Secretary General
of the Council of Europe.
Article 9
Entry into force
1. This Protocol shall enter into force
on the first day of the month following
the expiration of a period of two months
after the date on which seven member
States of the Council of Europe have
expressed their consent to be bound by
the Protocol in accordance with the
provisions of Article 8.
2. In respect of any member State
which subsequently expresses its
consent to be bound by it, the Protocol
shall enter into force on the first day of
the month following the expiration of a
period of two months after the date of
the deposit of the instrument of
ratification, acceptance or approval.
Article 10
Depositary functions
The Secretary General of the Council of
Europe shall notify all the member
States of the Council of Europe of:
(a) any signature;
(b) the deposit of any instrument of
ratification, acceptance or approval;
(c) any date of entry into force of this
Protocol in accordance with Articles 6
and 9;
(d) any other act, notification or
declaration relating to this Protocol.
In witness whereof the undersigned,
being duly authorised thereto, have
signed this Protocol.
Done at Strasbourg, this 22nd day of
November 1984, in English and French,
both texts being equally authentic, in a
single copy which shall be deposited in
the archives of the Council of Europe.
The Secretary General of the Council of
Europe shall transmit certified copies to
each member State of the Council of
Europe.
Protocol No. 12 to the Convention
for the Protection of Human Rights
and Fundamental Freedoms
Rome, 4.XI.2000
The member States of the Council of Europe signatory hereto,
Having regard to the fundamental
principle according to which all persons
are equal before the law and are entitled
to the equal protection of the law;
Being resolved to take further steps to
promote the equality of all persons
through the collective enforcement of a
general prohibition of discrimination by
means of the Convention for the
Protection of Human Rights and
Fundamental Freedoms signed at Rome
on 4 November 1950 (hereinafter
referred to as “the Convention”);
Reaffirming that the principle of nondiscrimination
does not prevent States
Parties from taking measures in order to
promote full and effective equality,
provided that there is an objective and
reasonable justification for those
measures,
Have agreed as follows:
Article 1
General prohibition of discrimination
1. The enjoyment of any right set forth
by law 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.
2. No one shall be discriminated
against by any public authority on any
ground such as those mentioned in
paragraph 1.
21
European Convention on Human Rights
Article 2
Territorial application
1. Any State may, at the time of
signature or when depositing its
instrument of ratification, acceptance or
approval, specify the territory or
territories to which this Protocol shall
apply.
2. Any State may at any later date, by
a declaration addressed to the Secretary
General of the Council of Europe, extend
the application of this Protocol to any
other territory specified in the declaration.
In respect of such territory the
Protocol shall enter into force on the first
day of the month following the
expiration of a period of three months
after the date of receipt by the Secretary
General of such declaration.
3. Any declaration made under the two
preceding paragraphs may, in respect of
any territory specified in such declaration,
be withdrawn or modified by a
notification addressed to the Secretary
General of the Council of Europe. The
withdrawal or modification shall become
effective on the first day of the month
following the expiration of a period of
three months after the date of receipt of
such notification by the Secretary
General.
4. A declaration made in accordance
with this Article shall be deemed to have
been made in accordance with
paragraph 1 of Article 56 of the
Convention.
5. Any State which has made a
declaration in accordance with paragraph
1 or 2 of this Article may at any
time thereafter declare on behalf of one
or more of the territories to which the
declaration relates that it accepts the
competence of the Court to receive
applications from individuals, nongovernmental
organisations or groups of
individuals as provided by Article 34 of
the Convention in respect of Article 1 of
this Protocol.
Article 3
Relationship to the Convention
As between the States Parties, the
provisions of Articles 1 and 2 of this
Protocol shall be regarded as additional
Articles to the Convention, and all the
provisions of the Convention shall apply
accordingly.
Article 4
Signature and ratification
This Protocol shall be open for signature
by member States of the Council of
Europe which have signed the
Convention. It is subject to ratification,
acceptance or approval. A member State
of the Council of Europe may not ratify,
accept or approve this Protocol without
previously or simultaneously ratifying
the Convention. Instruments of ratification,
acceptance or approval shall be
deposited with the Secretary General of
the Council of Europe.
Article 5
Entry into force
1. This Protocol shall enter into force
on the first day of the month following
the expiration of a period of three
months after the date on which ten
member States of the Council of Europe
have expressed their consent to be
bound by the Protocol in accordance
with the provisions of Article 4.
2. In respect of any member State
which subsequently expresses its consent
to be bound by it, the Protocol shall
enter into force on the first day of the
month following the expiration of a
period of three months after the date of
the deposit of the instrument of ratification,
acceptance or approval.
Article 6
Depositary functions
The Secretary General of the Council of
Europe shall notify all the member
States of the Council of Europe of:
(a) any signature;
(b) the deposit of any instrument of
ratification, acceptance or approval;
(c) any date of entry into force of this
Protocol in accordance with Articles 2
and 5;
(d) any other act, notification or
communication relating to this Protocol.
In witness whereof the undersigned,
being duly authorised thereto, have
signed this Protocol.
Done at Rome, this 4th day of November
2000, in English and in French, both
22
European Convention on Human Rights
texts being equally authentic, in a single
copy which shall be deposited in the
archives of the Council of Europe. The
Secretary General of the Council of
Europe shall transmit certified copies to
each member State of the Council of
Europe.
Protocol No. 13 to the Convention
for the Protection of Human Rights
and Fundamental Freedoms concerning the
abolition of the death penalty in all circumstances
Vilnius, 3.V.2002
The member States of the Council of Europe signatory hereto,
Convinced that everyone’s right to life is
a basic value in a democratic society and
that the abolition of the death penalty is
essential for the protection of this right
and for the full recognition of the
inherent dignity of all human beings;
Wishing to strengthen the protection of
the right to life guaranteed by the
Convention for the Protection of Human
Rights and Fundamental Freedoms
signed at Rome on 4 November 1950
(hereinafter referred to as “the
Convention”);
Noting that Protocol No. 6 to the
Convention concerning the abolition of
the death penalty, signed at Strasbourg
on 28 April 1983, does not exclude the
death penalty in respect of acts committed
in time of war or of imminent
threat of war;
Being resolved to take the final step in
order to abolish the death penalty in all
circumstances,
Have agreed as follows:
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No
one shall be condemned to such penalty
or executed.
Article 2
Prohibitions of derogations
No derogation from the provisions of this
Protocol shall be made under Article 15
of the Convention.
Article 3
Prohibitions of reservations
No reservation may be made under
Article 57 of the Convention in respect of
the provisions of this Protocol.
Article 4
Territorial application
1. Any State may, at the time of
signature or when depositing its
instrument of ratification, acceptance or
approval, specify the territory or
territories to which this Protocol shall
apply.
2. Any State may at any later date, by
a declaration addressed to the Secretary
General of the Council of Europe, extend
the application of this Protocol to any
other territory specified in the
declaration. In respect of such territory
the Protocol shall enter into force on the
first day of the month following the
expiration of a period of three months
after the date of receipt by the Secretary
General of such declaration.
3. Any declaration made under the two
preceding paragraphs may, in respect of
any territory specified in such declaration,
be withdrawn or modified by a
notification addressed to the Secretary
General. The withdrawal or modification
shall become effective on the first day of
the month following the expiration of a
period of three months after the date of
receipt of such notification by the
Secretary General.
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European Convention on Human Rights
Article 5
Relationship to the Convention
As between the States Parties the
provisions of Articles 1 to 4 of this
Protocol shall be regarded as additional
Articles to the Convention, and all the
provisions of the Convention shall apply
accordingly.
Article 6
Signature and ratification
This Protocol shall be open for signature
by member States of the Council of
Europe which have signed the
Convention. It is subject to ratification,
acceptance or approval. A member State
of the Council of Europe may not ratify,
accept or approve this Protocol without
previously or simultaneously ratifying
the Convention. Instruments of ratification,
acceptance or approval shall be
deposited with the Secretary General of
the Council of Europe.
Article 7
Entry into force
1. This Protocol shall enter into force
on the first day of the month following
the expiration of a period of three
months after the date on which ten
member States of the Council of Europe
have expressed their consent to be
bound by the Protocol in accordance
with the provisions of Article 6.
2. In respect of any member State
which subsequently expresses its consent
to be bound by it, the Protocol shall
enter into force on the first day of the
month following the expiration of a
period of three months after the date of
the deposit of the instrument of ratification,
acceptance or approval.
Article 8
Depositary functions
The Secretary General of the Council of
Europe shall notify all the member
States of the Council of Europe of:
(a) any signature;
(b) the deposit of any instrument of
ratification, acceptance or approval;
(c) any date of entry into force of this
Protocol in accordance with Articles 4
and 7;
(d) any other act, notification or
communication relating to this Protocol;
In witness whereof the undersigned,
being duly authorised thereto, have
signed this Protocol.
Done at Vilnius, this 3rd day of May
2002, in English and in French, both
texts being equally authentic, in a single
copy which shall be deposited in the
archives of the Council of Europe. The
Secretary General of the Council of
Europe shall transmit certified copies to
each member State of the Council of
Europe
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