THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ITS FIVE PROTOCOLS
COUNCIL OF EUROPE
The European Convention on Human Rights
ROME 4 November 1950
and its Five Protocols
PARIS 20 March 1952
STRASBOURG 6 May 1963
STRASBOURG 6 May 1963
STRASBOURG 16 September 1963
STRASBOURG 20 January 1966
The European Convention on Human Rights
The Governments signatory hereto, being Members of the Council of Europe,
Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;
Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;
Considering that the aim of the Council of Europe is the achievement of greater unity between its Members and that one of the methods by which the aim is to be pursued is the maintenance and further realization of Human Rights and Fundamental Freedoms;
Reaffirming their profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend;
Being resolved, as the Governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law to take the first steps for the collective enforcement of certain of the Rights stated in the Universal Declaration;
Have agreed as follows:
ARTICLE 1
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
SECTION I
ARTICLE 2
ARTICLE 3
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
ARTICLE 4
ARTICLE 5
No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
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
ARTICLE 16
Nothing in Articles 10, 11, and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
ARTICLE 17
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction on any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
ARTICLE 18
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
SECTION II
ARTICLE 19
To ensure the observance of the engagements undertaken by the High Contracting Parties in the present Convention, there shall be set up:
SECTION III
ARTICLE 20
The Commission shall consist of a number of members equal to that of the High Contracting Parties. No two members of the Commission may be nationals of the same state.
ARTICLE 21
ARTICLE 22
ARTICLE 23
The members of the Commission shall sit on the Commission in their individual capacity.
ARTICLE 24
Any High Contracting Party may refer to the Commission, through the Secretary-General of the Council of Europe, any alleged breach of the provisions of the Convention by another High Contracting Party.
ARTICLE 25
ARTICLE 26
The Commission may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law, and within a period of six months from the date on which the final decision was taken.
ARTICLE 27
ARTICLE 28
In the event of the Commission accepting a petition referred to it:
ARTICLE 29
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICLE 33
The Commission shall meet ‘in camera’.
ARTICLE 34
The Commission shall take its decision by a majority of the Members present and voting; the Sub-Commission shall take its decisions by a majority of its members.
ARTICLE 35
The Commission shall meet as the circumstances require. The meetings shall be convened by the Secretary-General of the Council of Europe.
ARTICLE 36
The Commission shall draw up its own rules of procedure.
ARTICLE 37
The secretariat of The Commission shall be provided by the Secretary-General of the Council of Europe.
SECTION IV
ARTICLE 38
The European Court of Human Rights shall consist of a number of judges equal to that of the Members of the Council of Europe. No two judges may be nationals of the State.
ARTICLE 39
ARTICLE 40
ARTICLE 41
The Court shall elect the President and Vice-President for a period of three years. They may be re-elected.
ARTICLE 42
The members of the Court shall receive for each day of duty a compensation to be determined by the Committee of Ministers.
ARTICLE 43
For the consideration of each case brought before it the Court shall consist of a Chamber composed of seven judges. There shall sit as an ‘ex officio’ member of the Chamber the judge who is a national of any State party concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge; the names of the other judges shall be chosen by lot by the President before the opening of the case.
ARTICLE 44
Only the High Contracting Parties and the Commission shall have the right to bring a case before the Court.
ARTICLE 45
The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Convention which the High Contracting Parties or the Commission shall refer to it in accordance with Article 48.
ARTICLE 46
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:
ARTICLE 49
In the event of dispute as to whither the Court has the jurisdiction, the matter shall be settled by the decision of the Court.
ARTICLE 50
If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party, is completely or partially in conflict with the obligations arising from the present convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.
ARTICLE 51
ARTICLE 52
The judgement of the Court shall be final.
ARTICLE 53
The High Contracting Parties undertake to abide by the decision of the Court in any case to which they are parties.
ARTICLE 54
The judgement of the Court shall be transmitted to the Committee of Ministers which shall supervise its execution.
ARTICLE 55
The Court shall draw up its own rules and shall determine its own procedure.
ARTICLE 56
SECTION V
ARTICLE 57
On receipt of a request from the Secretary-General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this Convention.
ARTICLE 58
The expenses of the Commission and the Court shall be borne by the Council of Europe.
ARTICLE 59
The members of the Commission and of the Court shall be entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
ARTICLE 60
Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.
ARTICLE 61
Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.
ARTICLE 62
The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.
ARTICLE 63
ARTICLE 64
ARTICLE 65
ARTICLE 66
Done at Rome this 4th day of November, 1950, in English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatories.
Protocols
1. Enforcement of certain Rights and Freedoms not included in Section I of the Convention
The Governments signatory hereto, being Members of the Council of Europe,
Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November, 1950 (hereinafter referred to as ‘the Convention’),
Have agreed as follows:
ARTICLE 1
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
ARTICLE 2
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religions and philosophical convictions.
ARTICLE 3
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.
ARTICLE 4
Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary-General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.
Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may from time to time communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of any territory.
A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 63 of the Convention.
ARTICLE 5
As between the High Contracting Parties the provisions of Articles 1, 2, 3 and 4 of this Protocol shall be regarded as additional articles to the convention and all the provisions of the Convention shall apply accordingly.
ARTICLE 6
This Protocol shall be open for signature by the Members of the Council of Europe, who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of ten instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.
The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all the Members of the names of those who have ratified.
Done at Paris on the 20th day of March 1952, In English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory Governments
2. Conferring upon the European Court of Human Rights Competence to give Advisory Opinions
The Member States of the Council of Europe signatory hereto:
Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as ‘the Convention’), and in particular Article 19 instituting, among other bodies, a European Court of Human Rights (hereinafter referred to as ‘the Court’);
Considering that it is expedient to confer upon the Court competence to give advisory opinions subject to certain conditions;
Have agreed as follows:
ARTICLE 1
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
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
In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Strasbourg, this 6th day of May 1963, in English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory States.
3. Amending Articles 29, 30, and 94 of the Convention
The member States of the Council, signatories to this Protocol,
Considering that it is advisable to amend certain provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at rome on 4 November 1950 (hereinafter referred to as ‘the Convention’) concerning the procedure of the European Commission of Human Rights,
Have agreed as follows:
ARTICLE 1
“ARTICLE 29
After it has accepted a petition submitted under Article 25, the Commission may nevertheless decide unanimously to reject the petition if, in the course of its examination, it finds that the existence of one of the grounds for non-acceptance provided for in Article 27 has been established.
In such a case, the decision shall be communicated to the parties.”
ARTICLE 2
ARTICLE 4
In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Strasbourg, this 6th day of May 1963, in English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory States
4. Protecting certain Additional Rights
The Governments signatory hereto, being Members of the Council of Europe,
Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as ‘the Convention’) and in Articles 1 to 3 of the First Protocol to the Convention, signed at Paris on 20 March 1952,
Have agreed as follows:
ARTICLE 1
No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.
ARTICLE 2
ARTICLE 3
ARTICLE 4
Collective expulsion of aliens is prohibited.
ARTICLE 5
ARTICLE 6
ARTICLE 7
The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all members of the names of those who have ratified.
In witness thereof, the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Strasbourg, this 16th day of September 1963, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory States.
5. Amending Articles 22 and 40 of the Convention
The Governments signatory hereto, being Members of the Council of Europe,
Considering that certain inconveniences have arisen in the application of the provisions of Articles 22 and 40 of the Convention for the Protection of Human Rights and fundamental Freedoms signed at Rome of 4th November 1950 (hereinafter referred to as ‘the Convention’) relating to the length of the terms of office of the members of the European Commission of Human Rights (hereinafter referred to as ‘the Commission’) and of the European Court of Human Rights (hereinafter referred to as ‘the Court’);
Considering that it is desirable to ensure as far as possible an election every three years of one half of the members of the Commission and of one third of the members of the Court;
Considering therefore that it is desirable to amend certain provisions of the Convention,
Have agreed as follows:
ARTICLE 1
In Article 22 of the Convention, the following two paragraphs shall be inserted after paragraph (2):
“(3) In order to ensure that, as far as possible, one half of the membership of the Commission shall be renewed every three years, the Committee of Ministers may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than six years but not more than nine and not less than three years.
(4) In cases where more than one term of office is involved and the Committee of Ministers applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary-General, immediately after the election.”
ARTICLE 2
In Article 22 of the Convention, the former paragraphs (3) and (4) shall become respectively paragraphs (5) and (6).
ARTICLE 3
In Article 40 of the Convention, the following two paragraphs shall be inserted after paragraph (2):
“(3) In order to ensure that, as far as possible, one half of the membership of the Court shall be renewed every three years, the Consultative Assembly may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than nine years but not more than twelve and not less than six years.
(4) In cases where more than one term of office is involved and the Consultative Assembly applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary-General, immediately after the election.”
ARTICLE 4
In Article 40 of the Convention, the former paragraphs (3) and (4) shall become respectively paragraphs (5) and (6).
ARTICLE 5
Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.
In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Strasbourg, this 20th day of January 1966, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory Governments.