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COUNCIL OF EUROPE
European Treaties
ETS No. 5 |
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CONSEIL DE L'EUROPE
Traités Européens
STE No. 5 |
CONVENTION FOR PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Rome, 4.XI.1950
Text completed by Protocol No. 2 (ETS No. 44) of 6 May 1963 and amended
by Protocol No. 3 (ETS No. 45) of 6 May 1963, Protocol No. 5 (ETS No. 55) of 20 January 1966
and Protocol No. 8 (ETS No. 118) of 19 March 1985 |
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 10th 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 like-minded and have a common heritage of political
traditions, ideals, freedom and the rule of law, to take the first
steps for the collective enforcement of certain of the rights stated in
the Universal Declaration,
Have agreed as follows:
Article 1
The High Contracting Parties shall secure to everyone
within their jurisdiction the rights and freedoms defined in Section I
of this Convention.
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SECTION I
Article 2
- Everyone's right to life shall be protected by law. No
one shall be deprived of his life intentionally save in the execution
of a sentence of a court following his conviction of a crime for which
this penalty is provided by law.
- Deprivation of
life shall not be regarded as inflicted in contravention of this
article when it results from the use of force which is no more than
absolutely necessary:
a in defence of any person from unlawful violence;
b in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4
- 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 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
- 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.
- 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.
- 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.
- 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.
Article 6
-
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.
- 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 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 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 to the general principles of law recognised by
civilised nations.
Article 8
- 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.
Article 9
- 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
for the protection of the rights and freedoms of others.
Article 10
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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 rights of others, for
preventing the disclosure of information received in confidence, or for
maintaining the authority and impartiality of the judiciary.
Article 11
- 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.
Article 12
Men and women of marriageable age have the right to
marry and to found a family, according to the national laws governing
the exercise of this right.
Article 13
Everyone whose rights and freedoms as set forth in
this Convention are violated shall have an effective remedy before a
national authority notwithstanding that the violation has been
committed by persons acting in an official capacity.
Article 14
The enjoyment of the rights and freedoms set forth in
this Convention shall be secured without discrimination on any ground
such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status.
Article 15
- 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.
Article 16
Nothing in Articles 10, 11 and 14 shall be regarded
as preventing the High Contracting Parties from imposing restrictions
on the political activity of aliens.
Article 17
Nothing in this Convention may be interpreted as
implying for any State, group or person any right to engage in any
activity or perform any act aimed at the destruction 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
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.
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SECTION II
Article 19
- To ensure the observance of the engagements undertaken by
the High Contracting Parties in the present Convention, there shall be
set up:
a a European Commission of Human Rights, hereinafter referred to as "the Commission";
b a European Court of Human Rights, hereinafter referred to as "the Court".
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SECTION III
Article 20
1
- 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
Commission shall sit in plenary session. It may, however, set up
Chambers, each composed of at least seven members. The Chambers
may examine petitions submitted under Article 25 of this Convention
which can be dealt with on the basis of established case law or which
raise no serious question affecting the interpretation or application
of the Convention. Subject to this restriction and to the
provisions of paragraph 5 of this article, the Chambers shall exercise
all the powers conferred on the Commission by the Convention.
-
- The
member of the Commission elected in respect of a High Contracting Party
against which a petition has been lodged shall have the right to sit on
a Chamber to which the petition has been referred.
- The
Commission may set up committees, each composed of at least three
members, with the power, exercisable by a unanimous vote, to declare
inadmissible or strike from its list of cases a petition submitted
under Article 25, when such a decision can be taken without further
examination.
- A chamber or committee may at any time
relinquish jurisdiction in favour of the plenary Commission which may
also order the transfer to it of any petition referred to a Chamber or
committee.
- Only the plenary Commission can exercise the following powers:
a the examination of applications submitted under Article 24;
b the bringing of a case before the Court in accordance with Article 48.a;
c the drawing up of rules of procedure in accordance with Article 36.
Article 21 1
- The members of the Commission shall be elected by the
Committee of Ministers by an absolute majority of votes, from a list of
names drawn up by the Bureau of the Consultative Assembly; each group
of the Representatives of the High Contracting Parties in the
Consultative Assembly shall put forward three candidates, of whom two
at least shall be its nationals.
- 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 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 persons of
recognised competence in national or international law.
Article 22
2
- 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.
- 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.
- 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.
- 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.
Article 23
1
The members of the Commission shall sit on the
Commission in their individual capacity. During their term of office
they shall not hold any position which is incompatible with their
independence and impartiality as members of the Commission or the
demands of this office.
Article 24
Any High Contracting Party may refer to the
Commission, through the Secretary General of the Council of Europe, any
alleged breach of the provisions of the Convention by another High
Contracting Party.
Article 25
- The Commission may receive petitions addressed to the
Secretary General of the Council of Europe 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 this Convention, provided that the High Contracting
Party against which the complaint has been lodged has declared that it
recognises the competence of the Commission to receive such
petitions. Those of the High Contracting Parties who have 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.
Article 26
The Commission 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.
Article 27
- 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 of
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.
Article 28
1
- 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 an 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 at the same time 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.
- If
the Commission succeeds in effecting a friendly settlement, it shall
draw up a report which shall be sent to the States concerned, to the
Committee of Ministers and to the Secretary General of the Council of
Europe for publication. This report shall be confined to a brief
statement of the facts and of the solution reached.
Article 29
3
After it has accepted a petition submitted under
Article 25, the Commission may nevertheless decide by a majority of
two-thirds of its members to reject the petition if, in the course of
its examination, it finds that the existence of one of the grounds for
non-acceptance provided for in Article 27 has been established.
In such a case, the decision shall be communicated to the Parties.
Article 30
1
- The Commission may at any stage of the
proceedings decide to strike a petition out of its list of cases where
the circumstances lead to the conclusion that:
a the applicant does not intend to pursue his petition, or
b the matter has been resolved, or
c for any other reason established by the Commission, it is no longer justified to continue the examination of the petition.
However,
the Commission shall continue the examination of a petition if respect
for human rights as defined in this Convention so requires.
- If
the Commission decides to strike a petition out of its list after
having accepted it, it shall draw up a report which shall contain a
statement of the facts and the decision striking out the petition
together with the reasons therefor. The report shall be
transmitted to the Parties, as well as to the Committee of Ministers
for information. The Commission may publish it.
- The
Commission may decide to restore a petition to its list of cases if it
considers that the circumstances justify such a course.
Article 31
1
- If the examination of a petition has not been completed in
accordance with Article 28 (paragraph 2), 29 or 30, 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 individual opinions of
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.
Article 32
- 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 High 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.
Article 33
The Commission shall meet in camera.
Article 34
1
Subject to the provisions of Articles 20 (paragraph
3) and 29, the Commission shall take its decisions by a majority of the
members present and voting.
Article 35
The Commission shall meet as the circumstances
require. The meetings shall be convened by the Secretary General of the
Council of Europe.
Article 36
The Commission shall draw up its own rules of procedure.
Article 37
The Secretariat of the Commission shall be provided by the Secretary General of the Council of Europe.
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SECTION IV
Article 38
The European Court of Human Rights shall consist of a
number of judges equal to that of the members of the Council of Europe.
No two judges may be nationals of the same State.
Article 39
- 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 the 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 recognised competence.
Article 40
4
- 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.
- In order to ensure that, as far as possible,
one-third of the membership of the Court shall be renewed every three
years, the Consultative Assembly may decide, before proceeding to any
subsequent election, that the term or terms of office of one or more
members to be elected shall be for a period other than nine years but
not more than twelve and not less than six years.
- 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.
- 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 members of the
Court shall sit on the Court in their individual capacity. During
their term of office they shall not hold any position which is
incompatible with their independence and impartiality as members of the
Court or the demands of this office.
Article 41 1
The Court shall elect its President and one or two Vice-Presidents for a period of three years. They may be re-elected.
Article 42
The members of the Court shall receive for each day of duty a compensation to be determined by the Committee of Ministers.
Article 43
1
For the consideration of each case brought before it
the Court shall consist of a Chamber composed of nine judges.
There shall sit as an ex officio member of the Chamber the
judge who is a national of any State party concerned, or, if there is
none, a person of its choice who shall sit in the capacity of judge;
the names of the other judges shall be chosen by lot by the President
before the opening of the case.
Article 44
Only the High Contracting Parties and the Commission shall have the right to bring a case before the Court.
Article 45
The jurisdiction of the Court shall extend to all
cases concerning the interpretation and application of the present
Convention which the High Contracting Parties or the Commission shall
refer to it in accordance with Article 48.
Article 46
- Any of the High Contracting Parties may at any time declare that it recognises 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.
Article 47
The Court may only deal with a case after the
Commission has acknowledged the failure of efforts for a friendly
settlement and within the period of three months provided for in
Article 32.
Article 48
The following may bring a case before the Court,
provided that the High Contracting Party concerned, if there is only
one, or the High Contracting Parties concerned, if there is more than
one, are subject to the compulsory jurisdiction of the Court or,
failing that, with the consent of the High Contracting Party concerned,
if there is only one, or of the High Contracting Parties concerned if
there is more than one:
a the Commission;
b a High Contracting Party whose national is alleged to be a victim;
c a High Contracting Party which referred the case to the Commission;
d a High Contracting Party against which the complaint has been lodged.
Article 49
In the event of dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.
Article 50
If the Court finds that a decision or a measure taken
by a legal authority or any other authority of a High Contracting Party
is completely or partially in conflict with the obligations arising
from the present Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this
decision or measure, the decision of the Court shall, if necessary,
afford just satisfaction to the injured party.
Article 51
- Reasons shall be given for the judgment of the Court.
- If
the 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 52
The judgment of the Court shall be final.
Article 53
The High Contracting Parties undertake to abide by the decision of the Court in any case to which they are Parties.
Article 54
The judgment of the Court shall be transmitted to the Committee of Ministers which shall supervise its execution.
Article 55
The Court shall draw up its own rules and shall determine its own procedure.
Article 56
- 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.
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SECTION V
Article 57
On receipt of a request from the Secretary General of
the Council of Europe any High Contracting Party shall furnish an
explanation of the manner in which its internal law ensures the
effective implementation of any of the provisions of the Convention.
Article 58
The expenses of the Commission and the Court shall be borne by the Council of Europe.
Article 59
The members of the Commission and of the Court shall
be entitled, during the discharge of their functions, to the privileges
and immunities provided for in Article 40 of the Statute of the Council
of Europe and in the agreements made thereunder.
Article 60
Nothing in this Convention shall be construed as
limiting or derogating from any of the human rights and fundamental
freedoms which may be ensured under the laws of any High Contracting
Party or under any other agreement to which it is a Party.
Article 61
Nothing in this Convention shall prejudice the powers
conferred on the Committee of Ministers by the Statute of the Council
of Europe.
Article 62
The High Contracting Parties agree that, except by special agreement,
they will not avail themselves of treaties, conventions or declarations
in force between them for the purpose of submitting, by way of petition,
a dispute arising out of the interpretation or application of this
Convention to a means of settlement other than those provided for in this
Convention.
Article 63
- 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 organisations or groups of individuals in
accordance with Article 25 of the present Convention.
Article 64
- 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.
Article 65
- 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.
- 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 of
Article 63.
Article 66
- 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 its instrument 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 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.
- Footnote 1
- Text amended according to the provisions of Protocol No. 8 (ETS No. 118) which entered into force on 1 January 1990.
- Footnote 2
- Text amended according to the provisions of Protocol No. 5 (ETS No. 55) which entered into force on 20 December 1971.
- Footnote 3
- Text
amended according to the provisions of Protocol No. 3 (ETS No. 45)
which entered into force on 21 September 1970 and of Protocol
No. 8 (ETS No. 118) which entered into force on
1 January 1990.
- Footnote 4
- Text
amended according to the provisions 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.
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PROTOCOL No. 2 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS,
CONFERRING UPON THE EUROPEAN COURT OF HUMAN RIGHTS COMPETENCE TO GIVE ADVISORY OPINIONS
Strasbourg, 6.V.1963
Preamble
The member States of the Council of Europe signatory hereto,
Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms
signed at Rome on 4th November 1950 (hereinafter referred to
as "the Convention") and, in particular, Article 19
instituting, among other bodies, a European Court of Human Rights
(hereinafter referred to as "the Court");
Considering that it is expedient to confer upon the Court competence to give advisory opinions subject to certain conditions,
Have agreed as follows:
Article 1
- 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 1 of the Convention and in
the Protocols thereto, or with any other question which the Commission,
the Court or the Committee of Ministers might have to consider in
consequence of any such proceedings as could be instituted in
accordance with the Convention.
- Decisions of the Committee
of Ministers to request an advisory opinion of the Court shall require
a two-thirds majority vote of the representatives entitled to sit on
the Committee.
Article 2
The Court shall decide whether a request for an
advisory opinion submitted by the Committee of Ministers is within its
consultative competence as defined in Article 1 of this Protocol.
Article 3
- 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.
Article 4
The powers of the Court under Article 55 of the
Convention shall extend to the drawing up of such rules and the
determination of such procedure as the Court may think necessary for
the purposes of this Protocol.
Article 5
- 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 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 authorised thereto, have signed this Protocol.
Done at Strasbourg, this 6th day of
May 1963, in English and in French, both texts being equally
authoritative, in a single copy which shall remain deposited in the
archives of the Council of Europe. The Secretary General shall transmit
certified copies to each of the signatory States.
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Barrister
Branson
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U N declaration
Human Rights
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Davies
False
Affidavit
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Hear Davies
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Lying
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