The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention. 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. No one shall be subjected to torture or to inhuman or degrading treatment
or punishment.
1. No one shall be held in slavery or servitude. 1. Everyone has the right to liberty and security of person. No one shall
be deprived of his liberty save in the following cases and in accordance
with the procedure prescribed by law:
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and 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. 1. Everyone has the right to respect for his private and family life , his home and his correspondence . 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 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. 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. Men and women of marriageable age have the right to marry and to found
a family, according to the national laws governing the exercise of this
right. Everyone whose rights and freedoms as set forth in this Convention are
violated shall have an effective remedy before a national authority notwithstanding
that the violation has been committed by persons acting in an official capacity. The enjoyment of the rights and freedoms set forth in this Convention
shall be secured without discrimination on any ground such as sex, race,
colour, language, religion, political or other opinion, national or social
origin, association with a national minority, property, birth or other status. 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. Nothing in Articles 10, 11 and 14 shall be regarded as preventing the
High Contracting Parties from imposing restrictions on the political activity
of aliens. Nothing in this Convention may be interpreted as implying for any State,
group or person any right to engage in any activity or perform any act aimed
at the destruction 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. The restrictions permitted under this Convention to the said rights and
freedoms shall not be applied for any purpose other than those for which
they have been prescribed. To ensure the observance of the engagements undertaken by the High Contracting
Parties in the present Convention, there shall be set up: 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. 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. 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. The members of the Commission shall sit on the Commission in their individual
capacity. Any High Contracting Party may refer to the Commission, through the Secretary-General
of the Council of Europe, any alleged breach of the provisions of the Convention
by another High Contracting Party. 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. 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. 1. The Commission shall not deal with any petition submitted under Article
25 which
In the event of the Commission accepting a petition referred to it: 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, if finds that the existence of one of the grounds for
non-acceptance provided for in Article 27 has been established. If the Commission succeeds in effecting a friendly settlement in accordance
with Article 28, it shall draw up a Report which shall be sent to the States
concerned, to the Committee of Ministers and to the Secretary-General of
the Council of Europe for publication. This Report shall be confined to
a brief statement of the facts and of the solution reached. 1. If a solution is not reached, the Commission shall draw up a Report
on the facts and state its opinion as to whether the facts found disclose
a breach by the State concerned of its obligations under the Convention.
The opinions of all the members of the Commission on this point may be stated
in the Report. 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. The Commission shall meet in camera. Subject to the provisions of Article 29, the Commission shall take its
decisions by a majority of the Members present and voting. The Commission shall meet as the circumstances require. The meetings
shall be convened by the Secretary-General of the Council of Europe. The Commission shall draw up its own rules of procedure. The secretariat of the Commission shall be provided by the Secretary-General
of the Council of Europe. The European Court of Human Rights shall consist of a number of judges
equal to that of the Members of the Council of Europe. No two judges may
be nationals of the same State. 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. 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. The Court shall elect its President and Vice-President for a period of
three years. They may be re-elected. The members of the Court shall receive for each day of duty a compensation
to be determined by the Committee of Ministers. For the consideration of each case brought before it the Court shall
consist of a Chamber composed of seven judges. There shall sit as an ex
officio member of the Chamber the judge who is a national of any State
Party concerned, or, if there is none, a person of its choice who shall
sit in the capacity of judge; the names of the other judges shall be chosen
by lot by the President before the opening of the case. Only the High Contracting Parties and the Commission shall have the right
to bring a case before the Court. The jurisdiction of the Court shall extend to all cases concerning the
interpretation and application of the present Convention which the High
Contracting Parties or the Commission shall refer to it in accordance with
Article 48. 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. The Court may only deal with a case after the Commission has acknowledged
the failure of efforts for a friendly settlement and within the period of
three months provided for in Article 32. The following may bring a case before the Court, provided that the High
Contracting Party concerned, if there is only one, or the High Contracting
Parties concerned, if there is more than one, are subject to the compulsory
jurisdiction of the Court or, failing that, with the consent of the High
Contracting Party concerned, if there is only one, or of the High Contracting
Parties concerned if there is more than one: In the event of dispute as to whether the Court has jurisdiction, the
matter shall be settled by the decision of the Court. If the Court finds that a decision or a measure taken by a legal authority
or any other authority of a High Contracting Party is completely or partially
in conflict with the obligations arising from the present Convention, and
if the internal law of the said Party allows only partial reparation to
be made for the consequences of this decision or measure, the decision of
the Court shall, if necessary, afford just satisfaction to the injured party. 1. Reasons shall be given for the judgment of the Court. The judgment of the Court shall be final. The High Contracting Parties undertake to abide by the decision of the
Court in any case to which they are parties. The judgment of the Court shall be transmitted to the Committee of Ministers
which shall supervise its execution. The Court shall draw up its own rules and shall determine its own procedure. 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. On receipt of a request from the Secretary-General of the Council of
Europe any High Contracting Party shall furnish an explanation of the manner
in which its internal law ensures the effective implementation of any of
the provisions of this Convention. The expenses of the Commission and the Court shall be borne by the Council
of Europe. The members of the Commission and of the Court shall be entitled, during
the discharge of their functions, to the privileges and immunities provided
for in Article 40 of the Statute of the Council of Europe and in the agreements
made thereunder. Nothing in this Convention shall be construed as limiting or derogating
from any of the human rights and fundamental freedoms which may be ensured
under the laws of any High Contracting Party or under any other agreement
to which it is a Party. Nothing in this Convention shall prejudice the powers conferred on the
Committee of Ministers by the Statute of the Council of Europe. The High Contracting Parties agree that, except by special agreement,
they will not avail themselves of treaties, conventions or declarations
in force between them for the purpose of submitting, by way of petition,
a dispute arising out of the interpretation or application of this Convention
to a means of settlement other than those provided for in this Convention. 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. 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. 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. 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.
(Paris, 20.III.1952)
Right to education.
Right to free elections.
Territorial application.
Relationship to the Convention.
Signature and ratification.
Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms by means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th 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 20th March 1952,
Have agreed as follows:
No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.
1) Everyone lawfully wihtin the territory of a State shall, have the right to liberty of movement and freedom to choose his residence.
2) Everyone shall be free to leave any country, including this own.
Prohibition of expulsion of nationals.
Prohibition of collective expulsion of aliens.
Territorial application.
Relationship to the Convention.
Signature and ratification.
Death penalty in time of war.
Prohibition of derogations.
Prohibition of reservations.
Territorial application.
Relationship to the Convention.
Signature and ratification.
Entry into force.
Depository functions.
Being resolved to take further steps to ensure the collective enforcement of certain rights and freedoms by means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950 (hreinafter referred to as "the Convention"),
Have agreed as follows:
Procedural safeguards relating to expulsion of aliens.
Right of appeal in criminal matters.
Compensation for wrongful conviction.
Right not to be tried or punished twice.
Spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. This article shall not prevent States from taking such measures as are necessary in the interests of the children.
Territorial application.
Relationship to the Convention.
Signature and ratification.
Entry into force.
Depository functions.
DONE AT STRASBOURG, this 22nd day of November 1984, 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 of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.
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 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 2
2. Deprivation of life shall not be regarded as inflicted in contravention
of this Article when it results from the use of force which is no more than
absolutely necessary:
a. in defence of any person from unlawful violence;
b. in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
c. in action lawfully taken for the purpose of quelling a riot or insurrection.
2. No one shall be required to perform forced or compulsory labour.
3. 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 civil obligations.a. the lawful detention of a person after conviction by a competent
court;
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.
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 fulfillment 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.
3. Everyone arrested or detained in accordance with the provisions of paragraph
1(c) of this Article shall be brought promptly before a judge or other officer
authorised by law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release pending trial. Release may be conditioned
by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall
be entitled to take proceedings by which the lawfulness of his detention
shall be decided speedily by a court and his release ordered if the detention
is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention
of the provisions of this Article shall have an enforceable right to compensation.
2. Everyone charged with a criminal offence shall be presumed innocent until
proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
a. to be informed promptly, in a language which he understands
and in 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.
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.
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.
or private, to manifest his religion or belief, in worship, teaching, practice
and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to
such limitations as are prescribed by law and are necessary in a democratic
society in the interests of public safety, for the protection of public
order, health or morals, or for the protection of the rights and freedoms
of others.
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.
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.
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.
3. Any High Contracting Party availing itself of this right of derogation
shall keep the Secretary-General of the Council of Europe fully informed
of the measures which it has taken and the reasons therefor. It shall also
inform the Secretary-General of the Council of Europe when such measures
have ceased to operate and the provisions of the Convention are again being
fully executed.
Article 19
1. A European Commission of Human Rights hereinafter referred to as "the
Commission";
2. A European Court of Human Rights, hereinafter referred to as "the
Court".
Article 20
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.
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.
3. 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.
4. 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.
2. Such declarations may be made for a specific period.
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.
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.
a. is anonymous, or
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.
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.
3. The Commission shall reject any petition referred to it which it considers
inadmissible under Article 26.
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 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.
In such a case, the decision shall be communicated to the parties.
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.
3. In transmitting the Report to the Committee of Ministers the Commission
may make such proposals as it thinks fit.
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.
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.
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.
Article 38
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.
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.
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.
3. 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.
4. 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.
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.
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.
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.
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.
2. No case can be brought before the Court before this election.
Article 57
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.
3. The provisions of this Convention shall be applied in such territories
with due regard, however, to local requirements.
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.
2. Any reservation made under this Article shall contain a brief statement
of the law concerned.
2. Such a denunciation shall not have the effect of releasing the High Contracting
Party concerned from its obligations under this Convention in respect of
any act which, being capable of constituting a violation of such obligations,
may have been performed by it before the date at which the denunciation
became effective.
3. Any High Contracting Party which shall cease to be a Member of the Council
of Europe shall cease to be a Party to this Convention under the same conditions.
4. The Convention may be denounced in accordance with the provisions of
the preceding paragraphs in respect of any territory to which it has been
declared to extend under the terms of Article 63.
2. The present Convention shall come into force after the deposit of ten
instruments of ratification.
3. As regards any signatory ratifying subsequently, the Convention shall
come into force at the date of the deposit of its instrument of ratification.
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.
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.
First Protocol
Protocol No. 4
(Strasbourg, 16.IX.1963)
Protocol No. 6
Concerning The Abolition
Of The Death Penalty
(Strasbourg, 28.IV.1983)
Protocol No. 7
(Strasbourg, 22.XI.1984)
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