Difference between revisions of "Convention for the Protection of Human Rights and Fundamental Freedoms"

From Criminal Defense Wiki
Jump to: navigation, search
(Article 59 - Signature and ratification)
Line 1: Line 1:
==Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols No. 11 and 14==
+
Adopted by the Council of Europe on November 4, 1950. Entered into force on September 3, 1953. The following extracts of the European Convention reflect the text as amended by Protocols No. 11 and 14.
  
Rome, 4.XI.1950
+
=Relevant Provisions of the European Convention of Human Rights and Fundamental Freedoms=
 
 
Text amended by the provisions of Protocol No. 14 (CETS No. 194) as from the date of its entry into force on 1 June 2010.
 
The text of the Convention had been previously amended according to the provisions of Protocol No. 3 (ETS No. 45), which entered into force on 21 September 1970, of Protocol No. 5 (ETS No. 55), which entered into force on 20 December 1971 and of Protocol No. 8 (ETS No. 118), which entered into force on 1 January 1990, and comprised also the text of Protocol No. 2 (ETS No. 44) which, in accordance with Article 5, paragraph 3 thereof, had been an integral part of the Convention since its entry into force on 21 September 1970. All provisions which had been amended or added by these Protocols were replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force on 1 November 1998. As from that date, Protocol No. 9 (ETS No. 140), which entered into force on 1 October 1994, was repealed and Protocol No. 10 (ETS no. 146) had lost its purpose.
 
 
 
The governments signatory hereto, being members of the Council of Europe,
 
 
 
Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10th December 1948;
 
 
 
Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;
 
 
 
Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;
 
 
 
Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend;
 
 
 
Being resolved, as the governments of European countries which are like minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration,
 
 
 
Have agreed as follows:
 
 
 
===Article 1 - Obligation to respect human rights===
 
 
 
The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
 
 
 
==Section I - Rights and freedoms==
 
 
 
===Article 2 - Right to life===
 
  
 +
====Article 2: Right to life====
 
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
 
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.
  
Line 38: Line 14:
 
c. in action lawfully taken for the purpose of quelling a riot or insurrection.
 
c. in action lawfully taken for the purpose of quelling a riot or insurrection.
  
===Article 3 - Prohibition of torture===
+
====Article 3: Prohibition of torture====
 
 
 
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
 
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
  
===Article 4 - Prohibition of slavery and forced labour===
+
====Article 5: Right to liberty and security====
 
 
1. No one shall be held in slavery or servitude.
 
 
 
2. No one shall be required to perform forced or compulsory labour.
 
 
 
3. For the purpose of this article the term "forced or compulsory labour" shall not include:
 
 
 
a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
 
 
 
b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
 
 
 
c. any service exacted in case of an emergency or calamity threatening the life or well being of the community;
 
 
 
d. any work or service which forms part of normal civic obligations.
 
 
 
===Article 5 - Right to liberty and security===
 
 
 
 
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
 
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
  
Line 82: Line 40:
 
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.
 
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.
  
===Article 6 - Right to a fair trial===
+
====Article 6: Right to a fair trial====
 
 
 
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
 
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.
  
Line 100: Line 57:
 
e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
 
e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
  
===Article 7 - No punishment without law===
+
====Article 7: No punishment without law====
 
 
 
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
 
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
  
 
2. This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
 
2. This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
  
===Article 8 - Right to respect for private and family life===
+
====Article 8: Right to respect for private and family life====
 
 
 
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
 
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
  
 
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
 
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
  
===Article 9 - Freedom of thought, conscience and religion===
+
====Article 9: Freedom of thought, conscience and religion====
 
 
 
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
 
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
  
 
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
 
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
  
===Article 10 - Freedom of expression===
+
====Article 10: Freedom of expression====
 
 
 
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
 
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
  
 
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
 
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
  
===Article 11 - Freedom of assembly and association===
+
====Article 11: Freedom of assembly and association====
 
 
 
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
 
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.
  
 
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 restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
  
===Article 12 - Right to marry===
+
====Article 13: Right to an effective remedy====
 
 
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
 
 
===Article 13 - Right to an effective remedy===
 
 
 
 
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
 
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
  
===Article 14 - Prohibition of discrimination===
+
====Article 14: Prohibition of discrimination====
 
 
 
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
 
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
  
===Article 15 - Derogation in time of emergency===
+
=Status of Signature, Ratification and Entry into force of the European Convention for the Protection of Human Rights and Fundamental Freedoms=
 
+
{| class="wikitable" border="1"
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.
+
|-
 
+
! Country
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.
+
! Signature
 
+
! Ratification
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.
+
! Entry into force
 
+
|-
===Article 16 - Restrictions on political activity of aliens===
+
| Albania
 
+
| 13 July 1995
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.
+
| 02 October 1996
 
+
| 02 October 1996
===Article 17 - Prohibition of abuse of rights===
+
|-
 
+
| Andorra
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.
+
| 10 November 1994
 
+
| 11 January 1996
===Article 18 - Limitation on use of restrictions on rights===
+
| 22 January 1996
 
+
|-
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.
+
| Armenia
+
| 25 January 2001
==Section II - European Court of Human Rights==
+
| 26 April 2002
 
+
| 26 April 2002
===Article 19 - Establishment of the Court===
+
|-
 
+
| Austria
To ensure the observance of the engagements undertaken by the High Contracting Parties in the Convention and the Protocols thereto, there shall be set up a European Court of Human Rights, hereinafter referred to as "the Court".  It shall function on a permanent basis.
+
| 13 December 1957
 
+
| 03 September 1958
===Article 20 - Number of judges===
+
| 03 September 1958
 
+
|-
The Court shall consist of a number of judges equal to that of the High Contracting Parties. 
+
| Azerbaijan
 
+
| 25 January 2001
===Article 21 - Criteria for office===
+
| 15 April 2002
 
+
| 15 April 2002
1. The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
+
|-
 
+
| Belgium
2. The judges shall sit on the Court in their individual capacity.
+
| 04 November 1950
 
+
| 14 June 1955
3. During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
+
| 14 June 1955
 
+
|-
===Article 22 - Election of judges ===
+
| Bosnia and Herzegovina
 
+
| 24 April 2002
The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party. 
+
| 12 July 2002
 
+
| 12 July 2002
===Article 23 - Terms of office and dismissal ===
+
|-
 
+
| Bulgaria
1. The judges shall be elected for a period of nine years.  They may not be re-elected.
+
| 07 May 1992
 
+
| 07 September 1992
2. The terms of office of judges shall expire when they reach the age of 70.
+
| 07 September 1992
 
+
|-
3. The judges shall hold office until replaced.  They shall, however, continue to deal with such cases as they already have under consideration.
+
| Croatia
 
+
| 06 November 1996
4. No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
+
| 05 November 1997
 
+
| 05 November 1997
===Article 24 - Registry and rapporteurs 2===
+
|-
 
+
| Cyprus
1. The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court.
+
| 16 December 1961
 
+
| 06 October 1962
2. When sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. They shall form part of the Court's registry.
+
| 06 October 1962
 
+
|-
===Article 25 - Plenary Court ===
+
| Czech Republic
 
+
| 21 December 1991
The plenary Court shall
+
| 18 March 1992
 
+
| 01 January 1993
a. elect its President and one or two Vice-Presidents for a period of three years; they may be re-elected;
+
|-
 
+
| Denmark
b. set up Chambers, constituted for a fixed period of time;
+
| 04 November 1950
 
+
| 13 April 1953
c. select the Presidents of the Chambers of the Court;  they may be re-elected;
+
| 03 September 1953
 
+
|-
d. adopt the rules of the Court;
+
| Estonia
 
+
| 14 May 1993
e. elect the Registrar and one or more Deputy Registrars;
+
| 16 April 1996
 
+
| 16 April 1996
f. make any request under Article 26, paragraph 2.
+
|-
 
+
| Finland
===Article 26 - Single-judge formation, committees, Chambers and Grand Chamber===
+
| 05 May 1989
 
+
| 10 May 1990
1. To consider cases brought before it, the Court shall sit in a single-judge formation, in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Court's Chambers shall set up committees for a fixed period of time.
+
| 10 May 1990
 
+
|-
2. At the request of the plenary Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges of the Chambers.
+
| France
 
+
| 04 November 1950
3. When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.
+
| 03 May 1974
 
+
| 03 May 1974
4. There shall sit as an ex officio member of the Chamber and the Grand Chamber the judge elected in respect of the High Contracting Party concerned. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.
+
|-
 
+
| Georgia
5. The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court. When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned.
+
| 27 April 1999
 
+
| 20 May 1999
===Article 27 - Competence of single judges===
+
| 20 May 1999
 
+
|-
1. A single judge may declare inadmissible or strike out of the Court's list of cases an application submitted under Article 34, where such a decision can be taken without further examination.
+
| Germany
 
+
| 04 November 1950
2. The decision shall be final.
+
| 05 December 1952
 
+
| 03 September 1953
3. If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination.
+
|-
 
+
| Greece
===Article 28 - Competence of committees===
+
| 28 November 1950
 
+
| 28 November 1974
1. In respect of an application submitted under Article 34, a committee may, by a unanimous vote,
+
| 28 November 1974
 
+
|-
a. declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or
+
| Hungary
 
+
| 06 November 1990
b. declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.
+
| 05 November 1992
 
+
| 05 November 1992
2. Decisions and judgments under paragraph 1 shall be final.
+
|-
 
+
| Iceland
3. If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 1.b.
+
| 04 November 1950
 
+
| 29 June 1953
===Article 29 - Decisions by Chambers on admissibility and merits=== 
+
| 03 September 1953
 
+
|-
1. If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34. The decision on admissibility may be taken separately.
+
| Ireland
 
+
| 04 November 1950
2. A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33. The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.
+
| 25 February 1953
 
+
| 03 September 1953
===Article 30 - Relinquishment of jurisdiction to the Grand Chamber===
+
|-
 
+
| Italy
Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.
+
| 04 November 1950
+
| 26 October 1955
===Article 31 - Powers of the Grand Chamber===
+
| 26 October 1955
 
+
|-
The Grand Chamber shall
+
| Latvia
 
+
| 20 February 1995
a. determine applications submitted either under Article 33 or Article 34 when a Chamber has relinquished jurisdiction under Article 30 or when the case has been referred to it under Article 43;
+
| 27 June 1997
 
+
| 27 June 1997
b. decide on issues referred to the Court by the Committee of Ministers in accordance with Article 46, paragraph 4; and
+
|-
 
+
| Liechtenstien
c. consider requests for advisory opinions submitted under Article 47.
+
| 23 November 1978
 
+
| 08 September 1982
===Article 32 - Jurisdiction of the Court 1===
+
| 08 September 1982
+
|-
1. The jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and the protocols thereto which are referred to it as provided in Articles 33, 34, 46 and 47.
+
| Lithuania
 
+
| 14 May 1993
2. In the event of dispute as to whether the Court has jurisdiction, the Court shall decide.
+
| 20 June 1995
 
+
| 20 June 1995
===Article 33 - Inter-State cases===
+
|-
 
+
| Luxembourg
Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party. 
+
| 04 November 1950
 
+
| 03 September 1953
===Article 34 - Individual applications===
+
| 03 September 1953
 
+
|-
The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto.  The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
+
| Malta
 
+
| 12 December 1966
===Article 35 - Admissibility criteria 1===
+
| 23 January 1967
 
+
| 23 January 1967
1. The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken. 
+
|-
 
+
| Moldova
2. The Court shall not deal with any application submitted under Article 34 that
+
| 13 July 1995
 
+
| 12 September 1997
a. is anonymous; or
+
| 12 September 1997
 
+
|-
b. is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information.
+
| Monaco
 
+
| 05 October 2004
3. The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that :
+
| 30 November 2005
+
| 30 November 2005
a. the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application; or
+
|-
 
+
| Montenegro
b. the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal.
+
| 03 April 2003
 
+
| 03 March 2004
4. The Court shall reject any application which it considers inadmissible under this Article.  It may do so at any stage of the proceedings. 
+
| 06 June 2006
 
+
|-
===Article 36 - Third party intervention===
+
| Netherlands
 
+
| 04 November 1950
1. In all cases before a Chamber or the Grand Chamber, a High Contracting Party one of whose nationals is an applicant shall have the right to submit written comments and to take part in hearings.
+
| 31 August 1954
 
+
| 31 August 1954
2. The President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings.
+
|-
 
+
| Norway
3. In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.
+
| 04 November 1950
 
+
| 15 Jaunary 1952
===Article 37 - Striking out applications===
+
| 03 September 1953
 
+
|-
1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
+
| Poland
 
+
| 26 November 1991
a. the applicant does not intend to pursue his application; or
+
| 19 January 1993
 
+
| 19 January 1993
b. the matter has been resolved; or
+
|-
 
+
| Portugal
c. for any other reason established by the Court, it is no longer justified to continue the examination of the application.
+
| 22 September 1976
 
+
| 09 November 1978
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires.
+
| 09 November 1978
 
+
|-
2. The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.
+
| Romania
 
+
| 07 October 1993
===Article 38 - Examination of the case===
+
| 20 June 1994
 
+
| 20 June 1994
The Court shall examine the case together with the representatives of the parties and, if need be, undertake an investigation, for the effective conduct of which the High Contracting Parties concerned shall furnish all necessary facilities.
+
|-
 
+
| Russian Federation
===Article 39 - Friendly settlements=== 
+
| 28 February 1996
 
+
| 05 May 1998
1. At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the Protocols thereto.
+
| 05 May 1998
 
+
|-
2. Proceedings conducted under paragraph 1 shall be confidential.
+
| San Marino
 
+
| 16 November 1988
3. If a friendly settlement is effected, the Court shall strike the case out of its list by means of a decision which shall be confined to a brief statement of the facts and of the solution reached.
+
| 22 March 1989
 
+
| 22 March 1989
4. This decision shall be transmitted to the Committee of Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision.
+
|-
 
+
| Serbia
===Article 40 - Public hearings and access to documents===
+
| 03 April 2003
 
+
| 03 March 2004
1. Hearings shall be in public unless the Court in exceptional circumstances decides otherwise.
+
| 03 March 2004
 
+
|-
2. Documents deposited with the Registrar shall be accessible to the public unless the President of the Court decides otherwise.
+
| Slovakia
 
+
| 21 February 1991
===Article 41 - Just satisfaction===
+
| 18 March 1992
 
+
| 01 January 1993
If the Court finds that there has been a violation of the Convention or the protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.
+
|-
 
+
| Slovenia
===Article 42 - Judgments of Chambers===
+
| 15 May 1993
 
+
| 28 June 1994
Judgments of Chambers shall become final in accordance with the provisions of Article 44, paragraph 2.
+
| 28 June 1994
 
+
|-
===Article 43 - Referral to the Grand Chamber===
+
| Spain
 
+
| 24 November 1977
1. Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber.
+
| 04 October 1979
 
+
| 04 October 1979
2. A panel of five judges of the Grand Chamber shall accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance.
+
|-
 
+
| Sweden
3. If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.
+
| 28 November 1950
 
+
| 04 February 1952
===Article 44 - Final judgments===
+
| 03 September 1953
 
+
|-
1. The judgment of the Grand Chamber shall be final.
+
| Switzerland
 
+
| 21 December 1972
2. The judgment of a Chamber shall become final
+
| 28 November 1974
 
+
| 28 November 1974
a. when the parties declare that they will not request that the case be referred to the Grand Chamber; or
+
|-
 
+
| The former Yugoslav Republic of Macedonia
b. three months after the date of the judgment, if reference of the case to the Grand Chamber has not been requested; or
+
| 09 November 1995
 
+
| 10 April 1997
c. when the panel of the Grand Chamber rejects the request to refer under Article 43.
+
| 14 April 1997
 
+
|-
3. The final judgment shall be published.
+
| Turkey
 
+
| 04 November 1950
===Article 45 - Reasons for judgments and decisions===
+
| 18 May 1954
 
+
| 18 May 1954
1. Reasons shall be given for judgments as well as for decisions declaring applications admissible or inadmissible.
+
|-
 
+
| Ukraine
2. If a judgment does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.
+
| 09 November 1995
 
+
| 11 September 1997
===Article 46 - Binding force and execution of judgments=== 
+
| 11 September 1997
 
+
|-
1. The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties. 
+
| United Kingdom
 
+
| 04 November 1950
2. The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.
+
| 08 March 1951
 
+
| 03 September 1953
3. If the Committee of Ministers considers that the supervision of the execution of a final judgment is hindered by a problem of interpretation of the judgment, it may refer the matter to the Court for a ruling on the question of interpretation. A referral decision shall require a majority vote of two thirds of the representatives entitled to sit on the Committee.
+
|-
 
+
|}
4. If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two thirds of the representatives entitled to sit on the Committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.
 
 
 
5. If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court finds no violation of paragraph 1, it shall refer the case to the Committee of Ministers, which shall close its examination of the case.
 
 
 
===Article 47 - Advisory opinions===
 
 
 
1. The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and the protocols thereto.
 
 
 
2. Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms defined in Section I of the Convention and the protocols thereto, or with any other question which the Court or the Committee of Ministers might have to consider in consequence of any such proceedings as could be instituted in accordance with the Convention.
 
 
3. Decisions of the Committee of Ministers to request an advisory opinion of the Court shall require a majority vote of the representatives entitled to sit on the Committee.
 
 
 
===Article 48 - Advisory jurisdiction of the Court===
 
 
 
The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its competence as defined in Article 47.
 
 
 
===Article 49 - Reasons for advisory opinions===
 
 
 
1. Reasons shall be given for advisory opinions of the Court.
 
 
 
2. If the advisory opinion does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.
 
 
 
3. Advisory opinions of the Court shall be communicated to the Committee of Ministers.
 
 
 
===Article 50 - Expenditure on the Court===
 
 
 
The expenditure on the Court shall be borne by the Council of Europe.
 
 
 
===Article 51 - Privileges and immunities of judges===
 
 
 
The judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
 
 
 
==Section III  - Miscellaneous provisions==
 
 
 
===Article 52 - Inquiries by the Secretary General===
 
 
 
On receipt of a request from the Secretary General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention.
 
 
 
===Article 53 - Safeguard for existing human rights===
 
 
 
Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.
 
 
 
===Article 54 - Powers of the Committee of Ministers===
 
 
 
Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.
 
 
 
===Article 55 - Exclusion of other means of dispute settlement===
 
 
 
The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.
 
 
 
===Article 56 - Territorial application===
 
 
 
1. Any State may at the time of its ratification or at any time thereafter declare by notification addressed to the Secretary General of the Council of Europe that the present Convention shall, subject to paragraph 4 of this Article, extend to all or any of the territories for whose international relations it is responsible.
 
 
 
2. The Convention shall extend to the territory or territories named in the 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 Court to receive applications from individuals, non-governmental organisations or groups of individuals as provided by Article 34 of the Convention.
 
 
 
===Article 57 - Reservations===
 
 
 
1. Any State may, when signing this Convention or when depositing its instrument of ratification, make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the provision. Reservations of a general character shall not be permitted under this article.
 
 
 
2. Any reservation made under this article shall contain a brief statement of the law concerned.
 
 
 
===Article 58 - Denunciation===
 
 
 
1. A High Contracting Party may denounce the present Convention only after the expiry of five years from the date on which it became a party to it and after six months' notice contained in a notification addressed to the Secretary General of the Council of Europe, who shall inform the other High Contracting Parties.
 
 
 
2. Such a denunciation shall not have the effect of releasing the High Contracting Party concerned from its obligations under this Convention in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.
 
 
 
3. Any High Contracting Party which shall cease to be a member of the Council of Europe shall cease to be a Party to this Convention under the same conditions.
 
 
 
4. The Convention may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared to extend under the terms of Article 56.
 
 
 
===Article 59 - Signature and ratification===
 
 
 
1. This Convention shall be open to the signature of the members of the Council of Europe. It shall be ratified. Ratifications shall be deposited with the Secretary General of the Council of Europe.
 
 
 
2. The European Union may accede to this Convention.
 
 
 
3. The present Convention shall come into force after the deposit of ten instruments of ratification.
 
 
 
4. As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of its instrument of ratification.
 
 
 
5. The Secretary General of the Council of Europe shall notify all the members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties who have ratified it, and the deposit of all instruments of ratification which may be effected subsequently.
 
  
  
Done at Rome this 4th day of November 1950, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatories.
 
  
 
----
 
----
 
See [[International Law]]
 
See [[International Law]]

Revision as of 13:03, 30 April 2012

Adopted by the Council of Europe on November 4, 1950. Entered into force on September 3, 1953. The following extracts of the European Convention reflect the text as amended by Protocols No. 11 and 14.

Relevant Provisions of the European Convention of Human Rights and Fundamental Freedoms

Article 2: Right to life

1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:

a. in defence of any person from unlawful violence;

b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

c. in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 3: Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 5: Right to liberty and security

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

a. the lawful detention of a person after conviction by a competent court;

b. the lawful arrest or detention of a person for non compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

c. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

d. the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

e. the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

f. the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

Article 6: Right to a fair trial

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3. Everyone charged with a criminal offence has the following minimum rights:

a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

b. to have adequate time and facilities for the preparation of his defence;

c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7: No punishment without law

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

2. This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.

Article 8: Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 9: Freedom of thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 10: Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11: Freedom of assembly and association

1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 13: Right to an effective remedy

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Article 14: Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Status of Signature, Ratification and Entry into force of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Country Signature Ratification Entry into force
Albania 13 July 1995 02 October 1996 02 October 1996
Andorra 10 November 1994 11 January 1996 22 January 1996
Armenia 25 January 2001 26 April 2002 26 April 2002
Austria 13 December 1957 03 September 1958 03 September 1958
Azerbaijan 25 January 2001 15 April 2002 15 April 2002
Belgium 04 November 1950 14 June 1955 14 June 1955
Bosnia and Herzegovina 24 April 2002 12 July 2002 12 July 2002
Bulgaria 07 May 1992 07 September 1992 07 September 1992
Croatia 06 November 1996 05 November 1997 05 November 1997
Cyprus 16 December 1961 06 October 1962 06 October 1962
Czech Republic 21 December 1991 18 March 1992 01 January 1993
Denmark 04 November 1950 13 April 1953 03 September 1953
Estonia 14 May 1993 16 April 1996 16 April 1996
Finland 05 May 1989 10 May 1990 10 May 1990
France 04 November 1950 03 May 1974 03 May 1974
Georgia 27 April 1999 20 May 1999 20 May 1999
Germany 04 November 1950 05 December 1952 03 September 1953
Greece 28 November 1950 28 November 1974 28 November 1974
Hungary 06 November 1990 05 November 1992 05 November 1992
Iceland 04 November 1950 29 June 1953 03 September 1953
Ireland 04 November 1950 25 February 1953 03 September 1953
Italy 04 November 1950 26 October 1955 26 October 1955
Latvia 20 February 1995 27 June 1997 27 June 1997
Liechtenstien 23 November 1978 08 September 1982 08 September 1982
Lithuania 14 May 1993 20 June 1995 20 June 1995
Luxembourg 04 November 1950 03 September 1953 03 September 1953
Malta 12 December 1966 23 January 1967 23 January 1967
Moldova 13 July 1995 12 September 1997 12 September 1997
Monaco 05 October 2004 30 November 2005 30 November 2005
Montenegro 03 April 2003 03 March 2004 06 June 2006
Netherlands 04 November 1950 31 August 1954 31 August 1954
Norway 04 November 1950 15 Jaunary 1952 03 September 1953
Poland 26 November 1991 19 January 1993 19 January 1993
Portugal 22 September 1976 09 November 1978 09 November 1978
Romania 07 October 1993 20 June 1994 20 June 1994
Russian Federation 28 February 1996 05 May 1998 05 May 1998
San Marino 16 November 1988 22 March 1989 22 March 1989
Serbia 03 April 2003 03 March 2004 03 March 2004
Slovakia 21 February 1991 18 March 1992 01 January 1993
Slovenia 15 May 1993 28 June 1994 28 June 1994
Spain 24 November 1977 04 October 1979 04 October 1979
Sweden 28 November 1950 04 February 1952 03 September 1953
Switzerland 21 December 1972 28 November 1974 28 November 1974
The former Yugoslav Republic of Macedonia 09 November 1995 10 April 1997 14 April 1997
Turkey 04 November 1950 18 May 1954 18 May 1954
Ukraine 09 November 1995 11 September 1997 11 September 1997
United Kingdom 04 November 1950 08 March 1951 03 September 1953



See International Law