European Convention for Protection of Human Rights and Fundamental Freedoms (consolidated ... five Protocols) - 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
Council of Europe
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1
The European Convention on Human Rights - Convention for Protection of
Human Rights and Fundamental Freedoms
2
Preamble
3
The Governments signatory hereto, being Members of the Council of
Europe,
4
Considering the
5
Considering that this Declaration aims at securing the universal and
effective recognition and observance of the Rights therein declared;
6
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;
7
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;
8
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,
9
Have agreed as follows:
10
Article 1
11
The High Contracting Parties shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I of this
Convention.
12
Section I
13
Article 2
14
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.
15
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:
16
(a) in defence of any person from unlawful violence;
17
(b) in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained;
18
(c) in action lawfully taken for the purpose of quelling a riot or
insurrection.
19
Article 3
20
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.
21
Article 4
22
1. No one shall be held in slavery or servitude.
23
2. No one shall be required to perform forced or compulsory labour.
24
3. For the purpose of this article the term "forced or compulsory
labour" shall not include:
25
(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;
26
(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;
27
(c) any service exacted in case of an emergency or calamity threatening
the life or well-being of the community;
28
(d) any work or service which forms part of normal civic obligations.
29
Article 5
30
1. Everyone has the right to liberty and security of person.
31
No one shall be deprived of his liberty save in the following cases and
in accordance with a procedure prescribed by law:
32
(a) the lawful detention of a person after conviction by a competent
court;
33
(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;
34
(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;
35
(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;
36
(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;
37
(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.
38
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.
39
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.
40
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.
41
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.
42
Article 6
43
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.
44
2. Everyone charged with a criminal offence shall be presumed innocent
until proved guilty according to law.
45
3. Everyone charged with a criminal offence has the following minimum
rights:
46
(a) to be informed promptly, in a language which he understands and in
detail, of the nature and cause of the accusation against him;
47
(b) to have adequate time and facilities for the preparation of his
defence;
48
(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;
49
(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;
50
(e) to have the free assistance of an interpreter if he cannot
understand or speak the language used in court.
51
Article 7
52
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.
53
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.
54
Article 8
55
1. Everyone has the right to respect for his private and family life,
his home and his correspondence.
56
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.
57
Article 9
58
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.
59
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.
60
Article 10
61
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.
62
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.
63
Article 11
64
1. Everyone has the right to freedom of peaceful assembly and to
freedom of association with others, including the right to form and to
join trade unions for the protection of his interests.
65
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.
66
Article 12
67
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.
68
Article 13
69
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.
70
Article 14
71
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.
72
Article 15
73
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.
74
2. No derogation from Article 2, except in respect of deaths resulting
from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7
shall be made under this provision.
75
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.
76
Article 16
77
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.
78
Article 17
79
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.
80
Article 18
81
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.
82
Section II
83
Article 19
84
To ensure the observance of the engagements undertaken by the High
Contracting Parties in the present Convention, there shall be set up:
85
(a) a European Commission of Human Rights, hereinafter referred to as
"the Commission";
86
(b) a European Court of Human Rights, hereinafter referred to as "the
Court".
87
Section III
88
Article 20
89
*1
1
Text amended according to the provisions of Protocol No. 8 (ETS No.
118) which entered into force on 1 January 1990.
90
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.
91
2. 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.
92
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.
93
3. 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.
94
4. 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.
95
5. Only the plenary Commission can exercise the following powers:
96
(a) the examination of applications submitted under Article 24;
97
(b) the bringing of a case before the Court in accordance with Article
48.a;
98
(c) the drawing up of rules of procedure in accordance with Article 36.
99
Article 21
100
*2
2
Text amended according to the provisions of Protocol No. 8 (ETS No.
118) which entered into force on 1 January 1990.
101
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.
102
2. As far as applicable, the same procedure shall be followed to
complete the Commission in the event of other States subsequently
becoming Parties to this Convention, and in filling casual vacancies.
103
3. 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.
104
Article 22
105
*3
3
Text amended according to the provisions of Protocol No. 5 (ETS No.
55) which entered into force on 20 December 1971.
106
1. The members of the Commission shall be elected for a period of six
years. They may be re-elected. However, of the members elected at the
first election, the terms of seven members shall expire at the end of
three years.
107
2. The members whose terms are to expire at the end of the initial
period of three years shall be chosen by lot by the Secretary-General
of the Council of Europe immediately after the first election has been
completed.
108
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.
109
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.
110
5. 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.
111
6. 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.
112
Article 23
113
*4
4
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
114
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.
115
Article 24
116
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.
117
Article 25
118
1. 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.
119
2. Such declarations may be made for a specific period.
120
3. The declarations shall be deposited with the Secretary-General of
the Council of Europe who shall transmit copies thereof to the High
Contracting Parties and publish them.
121
4. The Commission shall only exercise the powers provided for in this
article when at least six High Contracting Parties are bound by
declarations made in accordance with the preceding paragraphs.
122
Article 26
123
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.
124
Article 27
125
1. The Commission shall not deal with any petition submitted under
Article 25 which:
126
(a) is anonymous, or
127
(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.
128
2. The Commission shall consider inadmissible any petition submitted
under Article 25 which it considers incompatible with the provisions of
the present Convention, manifestly ill-founded, or an abuse of the
right of petition.
129
3. The Commission shall reject any petition referred to it which it
considers inadmissible under Article 26.
130
Article 28
131
*5
5
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
132
1. In the event of the Commission accepting a petition referred to it:
133
(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;
134
(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.
135
2. 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.
136
Article 29
137
*6
6
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.
138
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.
139
In such a case, the decision shall be communicated to the Parties.
140
Article 30
141
*7
7
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
142
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:
143
(a) the applicant does not intend to pursue his petition, or
144
(b) the matter has been resolved, or
145
(c) for any other reason established by the Commission, it is no longer
justified to continue the examination of the petition.
146
However, the Commission shall continue the examination of a petition if
respect for human rights as defined in this Convention so requires.
147
2. 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.
148
3. The Commission may decide to restore a petition to its list of cases
if it considers that the circumstances justify such a course.
149
Article 31
150
*8
8
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
151
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.
152
2. The report shall be transmitted to the Committee of Ministers. It
shall also be transmitted to the States concerned, who shall not be at
liberty to publish it.
153
3. In transmitting the report to the Committee of Ministers the
Commission may make such proposals as it thinks fit.
154
Article 32
155
1. If the question is not referred to the Court in accordance with
Article 48 of this Convention within a period of three months from the
date of the transmission of the report to the Committee of Ministers,
the Committee of Ministers shall decide by a majority of two-thirds of
the members entitled to sit on the Committee whether there has been a
violation of the Convention.
156
2. 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.
157
3. If the High Contracting Party concerned has not taken satisfactory
measures within the prescribed period, the Committee of Ministers shall
decide by the majority provided for in paragraph 1 above what effect
shall be given to its original decision and shall publish the report.
158
4. The High Contracting Parties undertake to regard as binding on them
any decision which the Committee of Ministers may take in application
of the preceding paragraphs.
159
Article 33
160
The Commission shall meet "in camera".
161
Article 34
162
*9
9
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
163
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.
164
Article 35
165
The Commission shall meet as the circumstances require. The meetings
shall be convened by the Secretary-General of the Council of Europe.
166
Article 36
167
The Commission shall draw up its own rules of procedure.
168
Article 37
169
The Secretariat of The Commission shall be provided by the
Secretary-General of the Council of Europe.
170
Section IV
171
Article 38
172
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.
173
Article 39
174
1. The members of the Court shall be elected by the Consultative
Assembly by a majority of the votes cast from a list of persons
nominated by the members of the Council of Europe; each member shall
nominate three candidates, of whom two at least shall be its nationals.
175
2. As far as applicable, the same procedure shall be followed to
complete the Court in the event of the admission of new members of the
Council of Europe, and in filling casual vacancies.
176
3. The candidates shall be of high moral character and must either
possess the qualifications required for appointment to high judicial
office or be jurisconsults of recognised competence.
177
Article 40
178
*10
10
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.
179
1. The members of the Court shall be elected for a period of nine
years. They may be re-elected. However, of the members elected at the
first election the terms of four members shall expire at the end of
three years, and the terms of four more members shall expire at the end
of six years.
180
2. The members whose terms are to expire at the end of the initial
periods of three and six years shall be chosen by lot by the
Secretary-General immediately after the first election has been
completed.
181
3. 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.
182
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.
183
5. 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.
184
6. 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.
185
7. 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.
186
Article 41
187
*11
11
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
188
The Court shall elect its President and one or two Vice-Presidents for
a period of three years. They may be re-elected.
189
Article 42
190
The members of the Court shall receive for each day of duty a
compensation to be determined by the Committee of Ministers.
191
Article 43
192
*12
12
Same as footnote 1: Text amended according to the provisions of
Protocol No. 8 (ETS No. 118) which entered into force on 1 January
1990.
193
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.
194
Article 44
195
Only the High Contracting Parties and the Commission shall have the
right to bring a case before the Court.
196
Article 45
197
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.
198
Article 46
199
1. 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.
200
2. The declarations referred to above may be made unconditionally or on
condition of reciprocity on the part of several or certain other High
Contracting Parties or for a specified period.
201
3. These declarations shall be deposited with the Secretary-General of
the Council of Europe who shall transmit copies thereof to the High
Contracting Parties.
202
Article 47
203
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.
204
Article 48
205
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:
206
(a) the Commission;
207
(b) a High Contracting Party whose national is alleged to be a victim;
208
(c) a High Contracting Party which referred the case to the Commission;
209
(d) a High Contracting Party against which the complaint has been
lodged.
210
Article 49
211
In the event of dispute as to whether the Court has jurisdiction, the
matter shall be settled by the decision of the Court.
212
Article 50
213
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.
214
Article 51
215
1. Reasons shall be given for the judgment of the Court.
216
2. 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.
217
Article 52
218
The judgment of the Court shall be final.
219
Article 53
220
The High Contracting Parties undertake to abide by the decision of the
Court in any case to which they are Parties.
221
Article 54
222
The judgment of the Court shall be transmitted to the Committee of
Ministers which shall supervise its execution.
223
Article 55
224
The Court shall draw up its own rules and shall determine its own
procedure.
225
Article 56
226
1. The first election of the members of the Court shall take place
after the declarations by the High Contracting Parties mentioned in
Article 46 have reached a total of eight.
227
2. No case can be brought before the Court before this election.
228
Section V
229
Article 57
230
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.
231
Article 58
232
The expenses of the Commission and the Court shall be borne by the
Council of Europe.
233
Article 59
234
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.
235
Article 60
236
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.
237
Article 61
238
Nothing in this Convention shall prejudice the powers conferred on the
Committee of Ministers by the Statute of the Council of Europe.
239
Article 62
240
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.
241
Article 63
242
1. Any State may at the time of its ratification or at any time
thereafter declare by notification addressed to the Secretary-General
of the Council of Europe that the present Convention shall extend to
all or any of the territories for whose international relations it is
responsible.
243
2. The Convention shall extend to the territory or territories named in
the notification as from the thirtieth day after the receipt of this
notification by the Secretary-General of the Council of Europe.
244
3. The provisions of this Convention shall be applied in such
territories with due regard, however, to local requirements.
245
4. Any State which has made a declaration in accordance with paragraph
1 of this article may at any time thereafter declare on behalf of one
or more of the territories to which the declaration relates that it
accepts the competence of the Commission to receive petitions from
individuals, non-governmental organisations or groups of individuals in
accordance with Article 25 of the present Convention.
246
Article 64
247
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.
248
2. Any reservation made under this article shall contain a brief
statement of the law concerned.
249
Article 65
250
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.
251
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.
252
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.
253
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 63.
254
Article 66
255
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.
256
2. The present Convention shall come into force after the deposit of
ten instruments of ratification.
257
3. As regards any signatory ratifying subsequently, the Convention
shall come into force at the date of the deposit of its instrument of
ratification.
258
4. The Secretary-General of the Council of Europe shall notify all the
members of the Council of Europe of the entry into force of the
Convention, the names of the High Contracting Parties who have ratified
it, and the deposit of all instruments of ratification which may be
effected subsequently.
259
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.
260
Protocol No. 2 to the Convention for the Protection of of Human Rights
and Fundamental Freedoms, Conferring Upon The European Court of Human
Rights Competence to give Advisory Opinions [Strasbourg, 6.V.1963]
261
Preamble
262
The member States of the Council of Europe signatory hereto,
263
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");
264
Considering that it is expedient to confer upon the Court competence to
give advisory opinions subject to certain conditions,
265
Have agreed as follows:
266
Article 1
267
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.
268
2. 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.
269
3. Decisions of the Committee of Ministers to request an advisory
opinion of the Court shall require a two-thirds majority vote of the
representatives entitled to sit on the Committee.
270
Article 2
271
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.
272
Article 3
273
1. For the consideration of requests for an advisory opinion, the Court
shall sit in plenary session.
274
2. Reasons shall be given for advisory opinions of the Court.
275
3. If the advisory opinion does not represent in whole or in part the
unanimous opinion of the judges, any judge shall be entitled to deliver
a separate opinion.
276
4. Advisory opinions of the Court shall be communicated to the
Committee of Ministers.
277
Article 4
278
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.
279
Article 5
280
1. This Protocol shall be open to signature by member States of the
Council of Europe, signatories to the Convention, who may become
Parties to it by:
281
(a) signature without reservation in respect of ratification or
acceptance;
282
(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.
283
2. 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.
284
3. From the date of the entry into force of this Protocol, Articles 1
to 4 shall be considered an integral part of the Convention.
285
4. The Secretary-General of the Council of Europe shall notify the
member States of the Council of:
286
(a) any signature without reservation in respect of ratification or
acceptance;
287
(b) any signature with reservation in respect of ratification or
acceptance;
288
(c) the deposit of any instrument of ratification or acceptance;
289
(d) the date of entry into force of this Protocol in accordance with
paragraph 2 of this Article.
290
Recitals
291
In witness whereof, the undersigned, being duly authorised thereto,
have signed this Protocol.
292
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.
293
Endnotes
294
Endnotes