COUNCIL OF EUROPE. The European Convention on Human Rights. ROME 4 November and its Five Protocols. PARIS 20 March STRASBOURG 6 May 1963

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1 COUNCIL OF EUROPE The Eurpean Cnventin n Human Rights ROME 4 Nvember 1950 and its Five Prtcls PARIS 20 March 1952 STRASBOURG 6 May 1963 STRASBOURG 6 May 1963 STRASBOURG 16 September 1963 STRASBOURG 20 January 1966 Cntents? The Eurpean Cnventin n Human Rights Preamble Article [1] SECTION I Articles [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] SECTION II Article [19] SECTION III Articles [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37] SECTION IV Articles [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] SECTION V Articles [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] Cnclusin? Prtcls 1.Enfrcement f certain Rights and Freedms nt included in Sectin I f the Cnventin Preamble Articles [1] [2] [3] [4] [5] [6] Cnclusin 2.Cnferring upn the Eurpean Curt f Human Rights Cmpetence t give

2 Advisry Opinins Preamble Articles [1] [2] [3] [4] [5] Cnclusin 3.Amending Articles 29, 30, and 94 f the Cnventin Preamble Articles [1] [2] [4] Cnclusin 4.Prtecting certain Additinal Rights Preamble Articles [1] [2] [3] [4] [5] [6] [7] Cnclusin 5.Amending Articles 22 and 40 f the Cnventin Preamble Articles [1] [2] [3] [4] [5] Cnclusin THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ITS FIVE PROTOCOLS The Eurpean Cnventin n Human Rights The Gvernments signatry heret, being Members f the Cuncil f Eurpe, Cnsidering the Universal Declaratin f Human Rights prclaimed by the General Assembly f the United Natins n 10 December 1948; Cnsidering that this Declaratin aims at securing the universal and effective recgnitin and bservance f the Rights therein declared; Cnsidering that the aim f the Cuncil f Eurpe is the achievement f greater unity between its Members and that ne f the methds by which the aim is t be pursued is the maintenance and further realizatin f Human Rights and Fundamental Freedms; Reaffirming their prfund belief in thse Fundamental Freedms which are the fundatin f justice and peace in the wrld and are best maintained n the ne hand by an effective plitical demcracy and n the ther by a cmmn understanding and bservance f the Human Rights upn which they depend; Being reslved, as the Gvernments f Eurpean cuntries which are like-minded and have a cmmn heritage f plitical traditins, ideals, freedm and the rule f law t take the first steps fr the cllective enfrcement f certain f the Rights stated in the Universal Declaratin; Have agreed as fllws:

3 ARTICLE 1 The High Cntracting Parties shall secure t everyne within their jurisdictin the rights and freedms defined in Sectin I f this Cnventin. ARTICLE 2 SECTION I 1. Everyne's right t life shall be prtected by law. N ne shall be deprived f his life intentinally save in the executin f a sentence f a curt fllwing his cnvictin f a crime fr which this penalty is prvided by law. 2. Deprivatin f life shall nt be regarded as inflicted in cntraventin f this article when it results frm the use f frce which is n mre than abslutely necessary: (a) in defence f any persn frm unlawful vilence; (b) in rder t effect a lawful arrest r t prevent escape f a persn lawfully detained; (c) in actin lawfully taken fr the purpse f quelling a rit r insurrectin. ARTICLE 3 N ne shall be subjected t trture r t inhuman r degrading treatment r punishment. ARTICLE 4 1. N ne shall be held in slavery r servitude. 2. N ne shall be required t perfrm frced r cmpulsry labur. 3. Fr the purpse f this article the term frced r cmpulsry labur' shall nt include: (a) any wrk required t be dne in the rdinary curse f detentin impsed accrding t the prvisins f Article 5 f this Cnventin r during cnditinal release frm such detentin; (b) any service f a military character r, in case f cnscientius bjectrs in cuntries where they are recgnized, service exacted instead f cmpulsry military service; (c) any service exacted in case f an emergency r calamity threatening the life r wellbeing f the cmmunity; (d) any wrk r service which frms part f nrmal civic bligatins. ARTICLE 5 1. Everyne has the right t liberty and security f persn. N ne shall be deprived f his liberty save in the fllwing cases and in accrdance with a prcedure prescribed by law: (a) the lawful detentin f a persn after cnvictin by a cmpetent curt; (b) the lawful arrest r detentin f a persn fr nn-cmpliance with the lawful rder f a curt r in rder t secure the fulfilment f any bligatin prescribed by law; (c) the lawful arrest r detentin f a persn effected fr the purpse f bringing him befre the cmpetent legal authrity f reasnable suspicin f having cmmitted and ffence r when it is reasnably cnsidered necessary t prevent his cmmitting an ffence r fleeing after having dne s; (d) the detentin f a minr by lawful rder fr the purpse f educatinal supervisin

4 r his lawful detentin fr the purpse f bringing him befre the cmpetent legal authrity; (e) the lawful detentin f persns fr the preventin f the spreading f infectius diseases, f persns f unsund mind, alchlics r drug addicts, r vagrants; (f) the lawful arrest r detentin f a persn t prevent his effecting an unauthrized entry int the cuntry r f a persn against whm actin is being taken with a view t deprtatin r extraditin. 2. Everyne wh is arrested shall be infrmed prmptly, in a language which he understands, f the reasns fr his arrest and the charge against him. 3. Everyne arrested r detained in accrdance with the prvisins f paragraph 1(c) f this article shall be brught prmptly befre a judge r ther fficer authrized by law t exercise judicial pwer and shall be entitled t trial within a reasnable time r t release pending trial. Release may be cnditined by guarantees t appear fr trial. 4. Every ne wh is deprived f his liberty by arrest r detentin shall be entitled t take prceedings by which the lawfulness f his detentin shall be decided speedily by a curt and his release rdered if the detentin is nt lawful. 5. Everyne wh has been the victim f arrest r detentin in cntraventin f the prvisins f this article shall have an enfrceable right t cmpensatin. ARTICLE 6 1. In the determinatin f his civil rights and bligatins r f any criminal charge against him, everyne is entitled t a fair and public hearing within a reasnable time by an independent and impartial tribunal established by law. Judgement shall be prnunced publicly by the press and public may be excluded frm all r part f the trial in the interest f mrals, pub lic rder r natinal security in a demcratic sciety, where the interests f juveniles r the prtectin f the private life f the parties s require, r the extent strictly necessary in the pinin f the curt in special circumstances where publicity wuld prejudice the interests f justice. 2. Everyne charged with a criminal ffence shall be presumed inncent until prved guilty accrding t law. 3. Everyne charged with a criminal ffence has the fllwing minimum rights: (a) t be infrmed prmptly, in a language which he understands and in detail, f the nature and cause f the accusatin against him; ARTICLE 7 (b) t have adequate time and the facilities fr the preparatin f his defence; (c) t defend himself in persn r thrugh legal assistance f his wn chsing r, if he has nt sufficient means t pay fr legal assistance, t be given it free when the interests f justice s require; (d) t examine r have examined witnesses against him and t btain the attendance and examinatin f witnesses n his behalf under the same cnditins as witnesses against him; (e) t have the free assistance f an interpreter if he cannt understand r speak the language used in curt. 1. N ne shall be held guilty f any criminal ffence n accunt f any act r missin which did nt cnstitute a criminal ffence under natinal r internatinal law at the time when it was cmmitted. Nr shall a heavier penalty be impsed than the ne that was applicable at the time the criminal ffence was cmmitted. 2. This article shall nt prejudice the trial and punishment f any persn fr any act r missin which, at the time when it was cmmitted, was criminal accrding the general principles f law

5 ARTICLE 8 recgnized by civilized natins. 1. Everyne has the right t respect fr his private and family life, his hme and his crrespndence. 2. There shall be n interference by a public authrity with the exercise f this right except such as is in accrdance with the law and is necessary in a demcratic sciety in the interests f natinal security, public safety r the ecnmic well-being f the cuntry, fr the preventin f disrder r crime, fr the prtectin f health r mrals, r fr the prtectin f the rights and freedms f thers. ARTICLE 9 1. Everyne has the rig ht t freedm f thught, cnscience and religin; this right includes freedm t change his religin r belief, and freedm, either alne r in cmmunity with thers and in public r private, t manifest his religin r belief, in wrship, teaching, practice and bservance. 2. Freedm t manifest ne's religin r beliefs shall be subject nly t such limitatins as are prescribed by law and are necessary in a demcratic sciety in the interests f public safety, fr the prtectin f public rder, health r mrals, r the prtectin f the rights and freedms f thers. ARTICLE Everyne has the right t freedm f expressin. this right shall include freedm t hld pinins and t receive and impart infrmatin an ideas withut interference by public authrity and regardless f frntiers. This article shall nt prevent States frm requiring the licensing f bradcasting, televisin r cinema enterprises. 2. The exercise f these freedms, since it carries with it duties and respnsibilities, may be subject t such frmalities, cnditins, restrictins r penalties as are prescribed by law and are necessary in a demcratic sciety, in the interests f natinal security, territrial integrity r public safety, fr the preventin f disrder r crime, fr the prtectin f health r mrals, fr the prtectin f the reputatin r the rights f thers, fr preventing the disclsure f infrmatin received in cnfidence, r fr maintaining the authrity and impartiality f the judiciary. ARTICLE Everyne has the right t freedm f peaceful assembly and t freedm f assciatin with thers, including the right t frm and t jin trade unins fr the prtectin f his interests. 2. N restrictins shall be placed n the exercise f these rights ther than such as are prescribed by law and are necessary in a demcratic sciety in the interests f natinal security r public safety, fr the preventin f disrder r crime, fr the prtectin f health r mrals r fr the prtectin f the rights and freedms f thers. this article shall nt prevent the impsitin f lawful restrictins n the exercise f these rights by members f the armed frces, f the plice r f the administratin f the State.

6 ARTICLE 12 Men and wmen f marriageable age have the right t marry and t fund a family, accrding t the natinal laws gverning the exercise f this right. ARTICLE 13 Everyne whse rights and freedms as set frth in this Cnventin are vilated shall have an effective remedy befre a natinal authrity ntwithstanding that the vilatin has been cmmitted by persns acting in an fficial capacity. ARTICLE 14 The enjyment f the rights and freedms set frth in this Cnventin shall be secured withut discriminatin n any grund such as sex, race, clur, language, religin, plitical r ther pinin, natinal r scial rigin, assciatin with a natinal minrity, prperty, birth r ther status. ARTICLE In time f war r ther public emergency threatening the life f the natin any High Cntracting Party may take measures dergating frm its bligatins under this Cnventin t the extent strictly required by the exigencies f the situatin, prvided that such measures are nt incnsistent with its ther bligatins under internatinal law. 2. N dergatin frm Article 2, except in respect f deaths resulting frm lawful acts f war, r frm Articles 3, 4 (paragraph 1) and 7 shall be made under this prvisin. 3. Any High Cntracting Party availing itself f this right f dergatin shall keep the Secretary- General f the Cuncil f Eurpe fully infrmed f the measures which it has taken and the reasns therefr. It shall als infrm the Secretary-General f the Cuncil f Eurpe when such measures have ceased t perate and the prvisins f the Cnventin are again being fully executed. ARTICLE 16 Nthing in Articles 10, 11, and 14 shall be regarded as preventing the High Cntracting Parties frm impsing restrictins n the plitical activity f aliens. ARTICLE 17 Nthing in this Cnventin may be interpreted as implying fr any State, grup r persn any right t engage in any activity r perfrm any act aimed at the destructin n any f the rights and freedms set frth herein r at their limitatin t a greater extent than is prvided fr in the Cnventin. ARTICLE 18 The restrictins permitted under this Cnventin t the said rights and freedms shall nt be applied fr any purpse ther than thse fr which they have been prescribed.

7 SECTION II ARTICLE 19 T ensure the bservance f the engagements undertaken by the High Cntracting Parties in the present Cnventin, there shall be set up: 1. A Eurpean Cmmissin f Human Rights hereinafter referred t as 'the Cmmissin'; 2. A Eurpean Curt f Human Rights, hereinafter referred t as 'the Curt'. ARTICLE 20 SECTION III The Cmmissin shall cnsist f a number f members equal t that f the High Cntracting Parties. N tw members f the Cmmissin may be natinals f the same state. ARTICLE The members f the Cmmissin shall be elected by the Cmmittee f Ministers by an abslute majrity f vtes, frm a list f names drawn up by the Bureau f the Cnsultative Assembly; each grup f the Representatives f the High Cntracting Parties in the Cnsultative Assembly shall put frward three candidates, f whm tw at least shall be its natinals. 2. As far as applicable, the same prcedure shall be fllwed t cmplete the Cmmissin in the event f ther States subsequently becming Parties t this Cnventin, and in filing casual vacancies. ARTICLE The members f the Cmmissin shall be elected fr a perid f six years. They may be reelected. Hwever, f the members elected at the first electin, the terms f seven members shall expire at the end f three years. 2. The members whse terms are t expire at the end f the initial perid f three years shall be chsen by lt by the Secretary- General f the Cuncil f Eurpe immediately after the first electin has been cmpleted. 3. A member f the Cmmissin elected t replace a member whse term f ffice has nt expired shall hld ffice fr the remainder f his predecessr's term. 4. The members f the Cmmissin shall hld ffice until replaced. After having been replaced, they shall cntinue t deal with such cases as they already have under cnsideratin. ARTICLE 23 The members f the Cmmissin shall sit n the Cmmissin in their individual capacity. ARTICLE 24 Any High Cntracting Party may refer t the Cmmissin, thrugh the Secretary-General f the Cuncil f Eurpe, any alleged breach f the pr visins f the Cnventin by anther High Cntracting Party.

8 ARTICLE The Cmmissin may receive petitins addressed t the Secretary-General f the Cuncil f Eurpe frm any persn, nn- gvernmental rganizatin r grup f individuals claiming t the victim f a vilatin by ne f the High Cntracting Parties f the rights set frth in this Cnventin, prvided that the High Cntracting Party against which the cmplaint has been ldged has declared that it recgnizes the cmpetence f the Cmmissin t receive such petitins. Thse f the High Cntracting Parties wh t)ve made such a declaratin undertake nt t hinder in any way the effective exercise f this right. 2. Such declaratins may be made fr a specific perid. 3. The declaratins shall be depsited with the Secretary-General f the Cuncil f Eurpe wh shall transmit cpies theref t the High Cntracting Parties and publish them. 4. The Cmmissin shall nly exercise the pwers prvided fr in this article when at least six High Cntracting Parties are bund by declaratins made in accrdance with the preceding paragraphs. ARTICLE 26 The Cmmissin may nly deal with the matter after all dmestic remedies have been exhausted, accrding t the generally recgnized rules f internatinal law, and within a perid f six mnths frm the date n which the final decisin was taken. ARTICLE the Cmmissin shall nt deal with any petitin submitted under Article 25 which (a) is annymus, r (b) is substantially the same as a matter which has already been examined by the Cmmissin r has already been submitted t anther prcedure r internatinal investigatin r settlement and if it cntains n relevant new infrmatin. 2. The Cmmissin shall cnsider inadmissible any petitin submitted under Article 25 which it cnsiders incmpatible with the prvisins f the present Cnventin, manifestly ill-funded, r an abuse f the right f petitin. 3. The Cmmissin shall reject any petitin referred t it which it cnsiders inadmissible under Article 26. ARTICLE 28 In the event f the Cmmissin accepting a petitin referred t it: (a) it shall, with a view t ascertaining the facts undertake tgether with the representatives f the parties and examinatin f the petitin and, if need be, an investigatin, fr the effective cnduct f which the States cncerned shall furnish all necessary facilities, after an exchange f views with the Cmmissin; (b) it shall place itself at the dispsal f the parties cncerned with a view t securing a friendly settlement f the matter n the basis f respect fr Human Rights as defined in this Cnventin.

9 ARTICLE The Cmmissin shall perfrm the functins set ut in Article 28 by means f a Sub- Cmmissin cnsisting f seven members f the Cmmissin. 2. Each f the parties cncerned may appint as members f this Sub -Cmmissin a persn f its chice. 3. The remaining members shall be chsen by lt in accrdance with arrangements prescribed in the Rules f Prcedure f the Cmmissin. ARTICLE If the Sub -Cmmissin succeeds in effecting a friendly settlement in accrdance with Article 28, it shall draw up a Reprt which shall be sent t the States cncerned, t the Cmmittee f Ministers and t the Secretary-General f the Cuncil f Eurpe fr publicatin. This Reprt shall be cnfined t a brief statement f the facts and f the slutin reached. ARTICLE If a slutin is nt reached, the Cmmissin shall draw up a Reprt n the facts and state its pinin as t whether the facts fund disclse a breach by the State cncerned f its bligatins under the Cnventin. The pinins f all the members f the Cmmissin n this pint may be stated in the Reprt. 2. The Reprt shall be transmitted t the Cmmittee f Ministers. It shall als be transmitted t the States c ncerned, wh shall nt be at liberty t publish it. 3. In transmitting the Reprt t the Cmmittee f Ministers the Cmmissin may make such prpsals as it thinks fit. ARTICLE If the questin is nt referred t the Curt in accrdance with Article 48 f this Cnventin within a perid f three mnths frm the date f the transmissin f the Reprt t the Cmmittee f Ministers, the Cmmittee f Ministers shall decide by a majrity f tw-thirds f the members entitled t sit n the Cmmittee whether ther e has been a vilatin f the Cnventin. 2. In the affirmative case the Cmmittee f Ministers shall prescribe a perid during which the Cntracting Party cncerned must take the measures required by the decisin f the Cmmittee f Ministers. 3. If the High Cntracting Party cncerned has nt taken satisfactry measures within the prescribed perid, the Cmmittee f Ministers shall decide by the majrity prvided fr in paragraph 1 abve what effect shall be given t its riginal decisin and shall publish the Reprt. 4. The High Cntracting Parties undertake t regard as binding n them any decisin which the Cmmittee f Ministers may take in applicatin f the preceding paragraphs. ARTICLE 33 The Cmmissin shall meet 'in camera'.

10 ARTICLE 34 The Cmmissin shall take its decisin by a majrity f the Members present and vting; the Sub- Cmmissin shall take its decisins by a majrity f its members. ARTICLE 35 The Cmmissin shall meet as the circumstances require. The meetings shall be cnvened by the Secretary-General f the Cuncil f Eurpe. ARTICLE 36 The Cmmissin shall draw up its wn rules f prcedure. ARTICLE 37 The secretariat f The Cmmissin shall be prvided by the Secretary-General f the Cuncil f Eurpe. ARTICLE 38 SECTION IV The Eurpean Curt f Human Rights shall cnsist f a number f judges equal t that f the Members f the Cuncil f Eurpe. N tw judges may be natinals f the State. ARTICLE The members f the Curt shall be elected by the Cnsultative Assembly by a majrity f the vtes cast frm a list f persns nminated by Members f the Cuncil f Eurpe; each Member shall nminate three candidates, f whm tw at least shall be its natinals. 2. As far as applicable, the same prcedure shall be fllwed t cmplete the Curt in the event f the admissin f new members f the Cuncil f Eurpe, and in filling casual vacancies. 3. The candidates shall be f high mral character and must either pssess the qualificatins required fr appintment t high judicial ffice r be juriscnsults f recgnized cmpetence. ARTICLE The members f the Curt shall be elected fr a perid f nine years. They may be re-elected. Hwever, f the members elected at the first electin the terms f fur members shall expire at the end f three years, and the terms f fur mre members shall expire at the end f six years. 2. The members whse terms are t expire at the end f the initial perids f three and six years shall be chsen by lt by the Secretary-General immediately after the first electin has been cmpleted. 3. A member f the Curt elected t replace a member whse term f ffice has nt expired shall hld ffice fr the remainder f his predecessr's term. 4. The members f the Curt shall hld ffice until replaced. After having been replaced, they shall cntinue t deal with such cases as they already have under cnsideratin.

11 ARTICLE 41 The Curt shall elect the President and Vice-President fr a perid f three years. They may be reelected. ARTICLE 42 The members f the Curt shall receive fr each day f duty a cmpensatin t be determined by the Cmmittee f Ministers. ARTICLE 43 Fr the cnsideratin f each case brught befre it the Curt shall cnsist f a Chamber cmpsed f seven judges. There shall sit as an 'ex ffici' member f the Chamber the judge wh is a natinal f any State party cncerned, r, if there is nne, a persn f its chice wh shall sit in the capacity f judge; the names f the ther judges shall be chsen by lt by the President befre the pening f the case. ARTICLE 44 Only the High Cntracting Parties and the Cmmissin shall have the right t bring a case befre the Curt. ARTICLE 45 The jurisdictin f the Curt shall extend t all cases cncerning the interpretatin and applicatin f the present Cnventin which the High Cntracting Parties r the Cmmissin shall refer t it in accrdance with Article 48. ARTICLE Any f the High Cntracting Parties may at any time declare that it recgnizes as cmpulsry 'ips fact' and withut special agreement the jurisdictin f the Curt in all matters cncerning the interpretatin and applicatin f the present Cnventin. 2. The declaratins referred t abve may be made uncnditinally r n cnditin f reciprcity n the part f several r certain ther High Cntracting Parties r fr a specified perid. 3. These declaratins shall be depsited with the Secretary- General f the Cuncil f Eurpe wh shall transmit cpies theref t the High Cntracting Parties. ARTICLE 47 The Curt may nly deal with a case after the Cmmissin has acknwledged the failure f effrts fr a friendly settlement and within the perid f three mnths prvided fr in Article 32. ARTICLE 48 The fllwing may bring a case befre the Curt, prvided that the High Cntracting Party cncerned, if there is nly ne, r the High Cntracting Parties cncerned, if there is mre than ne, are subject t the cmpulsry jurisdictin f the Curt, r failing that, with the cnsent f the High Cntracting Party cncerned, if there is nly ne, r f the High Cntracting Parties cncerned if there is mre

12 than ne: (a) the Cmmissin; (b) a High Cntracting Party whse natinal is alleged t be a victim; (c) a High Cntracting Party which referred the case t the Cmmissin; (d) a High Cntracting Party against which the cmplaint has been ldged. ARTICLE 49 In the event f dispute as t whither the Curt has the jurisdictin, the matter shall be settled by the decisin f the Curt. ARTICLE 50 If the Curt finds that a decisin r a measure taken by a legal authrity r any ther authrity f a High Cntracting Party, is cmpletely r partially in cnflict with the bligatins arising frm the present cnventin, and if the internal law f the said Party allws nly partial reparatin t be made fr the cnsequences f this decisin r measure, the decisin f the Curt shall, if necessary, affrd just satisfactin t the injured party. ARTICLE Reasns shall be given fr the judgement f the Curt. 2. If the judgement des nt represent in whle r in part the unanimus pinin f the judges, any judges shall be entitled t deliver a separate pinin. ARTICLE 52 The judgement f the Curt shall be final. ARTICLE 53 The High Cntracting Parties undertake t abide by the decisin f the Curt in any case t which they are parties. ARTICLE 54 The judgement f the Curt shall be transmitted t the Cmmittee f Ministers which shall supervise its executin. ARTICLE 55 The Curt shall draw up its wn rules and shall determine its wn prcedure. ARTICLE The first electin f the members f the Curt shall take place after the declaratins by the High Cntracting Parties mentined in Article 46 have reached a ttal f eight. 2. N case can be brught befre the Curt befre this electin.

13 SECTION V ARTICLE 57 On receipt f a request frm the Secretary-General f the Cuncil f Eurpe any High Cntracting Party shall furnish an explanatin f the manner in which its internal law ensures the effective implementatin f any f the prvisins f this Cnventin. ARTICLE 58 The expenses f the Cmmissin and the Curt shall be brne by the Cuncil f Eurpe. ARTICLE 59 The members f the Cmmissin and f the Curt shall be entitled, during the discharge f their functins, t the privileges and immunities prvided fr in Article 40 f the Statute f the Cuncil f Eurpe and in the agreements made thereunder. ARTICLE 60 Nthing in this Cnventin shall be cnstrued as limiting r dergating frm any f the human rights and fundamental freedms which may be ensured under the laws f any High Cntracting Party r under any ther agreement t which it is a Party. ARTICLE 61 Nthing in this Cnventin shall prejudice the pwers cnferred n the Cmmittee f Ministers by the Statute f the Cuncil f Eurpe. ARTICLE 62 The High Cntracting Parties agree that, except by special agreement, they will nt avail themselves f treaties, cnventins r declaratins in frce between them fr the purpse f submitting, by way f petitin, a dispute arising ut f the interpretatin r applicatin f this Cnventin t a means f settlement ther than thse prvided fr in this Cnventin. ARTICLE Any State may at the time f its ratificatin r at any time thereafter declare by ntificatin addressed t the Secretary- General f the Cuncil f Eurpe that the present Cnventin shall extend t all r any f the territries fr whse internatinal relatins it is respnsible. 2. The Cnventin shall extend t the territry r territries named in the ntificatin as frm the thirtieth day after the receipt f this ntificatin by the Secretary-General f the Cuncil f Eurpe. 3. The prvisins f this Cnventin shall be applied in such territries with due regard, hwever, t lcal requirements. 4. Any State which has made a declaratin in accrdance with paragraph 1 f this article may at any time thereafter declare n behalf f ne r mre f the territries t which the declaratin relates that it accepts the cmpetence f the Cmmissin t receive petitins frm individuals, nn-gvernmental rganizatins r grups f individuals in accrdance with Article 25 f the

14 present Cnventin. ARTICLE Any State may, when signing this Cnventin r when depsiting its instrument f ratificatin, make a reservatin in respect f any particular prvisin f the Cnventin t the extent that any law then in frce in its territry is nt in cnfrmity with the prvisin. Reservatins f a general character shall nt be permitted under this article. 2. Any reservatin made under this ar ticle shall cntain a brief statement f the law cncerned. ARTICLE A High Cntracting Party may denunce the present Cnventin nly after the expiry f five years frm the date f which it became a Party t it and after six mnths' ntice cntained in a ntificatin addressed t the Secretary-General f the Cuncil f Eurpe, wh shall infrm the ther High Cntracting Parties. 2. Such a denunciatin shall nt have the effect f releasing the High Cntracting Party cncerned frm its bligatins under this Cnventin in respect f any act which, being capable f cnstituting a vilatin f such bligatins, may have been perfrmed by it befre the date at which the denunciatin became effective. 3. Any High Cntracting Party which shall cease t be a Member f the Cuncil f Eurpe shall cease t be a Party t this Cnventin under the same cnditins. 4. The Cnventin may be denunced in accrdance with the prvisins f the preceding paragraphs in respect f any territry t which it has been declared t extend under the terms Article 63. ARTICLE This Cnventin shall be pen t the signature f the Members f the Cuncil f Eurpe. It shall be ratified. Ratificatins shall be depsited with the Secretary-General f the Cuncil f Eurpe. 2. The present Cnventin shall cme int frce after the depsit f ten instruments f ratificatin. 3. As regards any signatry ratifying subsequently, the Cnventin shall cme int frce at the date f the depsit f itsp!nstrument f ratificatin. 4. The Secretary-General f the Cuncil f Eurpe shall ntify all the Members f the Cuncil f Eurpe f the entry int frce f the Cnventin, the names f the High Cntracting Parties wh have ratified it, and the depsit f all instruments f ratificatin which may be effected subsequently. Dne at Rme this 4th day f Nvember, 1950, in English and French, bth text being equally authentic, in a single cpy which shall remain depsited in the archives f the Cuncil f Eurpe. The Secretary-General shall transmit certified cpies t each f the signatries.

15 Prtcls 1. Enfrcement f certain Rights and Freedms nt included in Sectin I f the Cnventin The Gvernments signatry heret, being Members f the Cuncil f Eurpe, Being reslved t take steps t ensure the cllective enfrcement f certain rights and freedms ther than thse already included in Sectin I f the Cnventin fr the Prtectin f Human Rights and Fundamental Freedms signed at Rme n 4th Nvember, 1950 (hereinafter referred t as 'the Cnventin'), Have agreed as fllws: ARTICLE 1 Every natural r legal persn is entitled t the peaceful enjyment f his pssessins. N ne shall be deprived f his pssessins except in the public interest and subject t the cnditins prvided fr by law and by the general principles f internatinal law. The preceding prvisins shall nt, hwever, in any way impair the right f a State t enfrce such laws as it deems necessary t cntrl the use f prperty in accrdance with the general interest r t secure the payment f taxes r ther cntributins r penalties. ARTICLE 2 N persn shall be denied the right t educatin. In the exercise f any functins which it assumes in relatin t educatin and t teaching, the State shall respect the right f parents t ensure such educatin and teaching in cnfrmity with their wn religins and philsphical cnvictins. ARTICLE 3 The High Cntracting Parties undertake t hld free electins at reasnable intervals by secret ballt, under cnditins which will ensure the free expressin f the pinin f the peple in the chice f the legislature. ARTICLE 4 Any High Cntracting Party may at the time f signature r ratificatin r at any time thereafter cmmunicate t the Secretary-General f the Cuncil f Eurpe a declaratin stating the extent t which it undertakes that the prvisins f the present Prtcl shall apply t such f the territries fr the internatinal relatins f which it is respnsible as are named therein. Any High Cntracting Party which has cmmunicated a declaratin in virtue f the preceding paragraph may frm time t time cmmunicate a further declaratin mdifying the terms f any frmer declaratin r terminating the applicatin f the prvisins f this Prtcl in respect f any territry. A declaratin made in accrdance with this article shall be deemed t have been made in accrdance with paragraph 1 f Article 63 f the Cnventin.

16 ARTICLE 5 As between the High Cntracting Parties the prvisins f Articles 1, 2, 3 and 4 f this Prtcl shall be regarded as additinal articles t the cnventin and all the prvisins f the Cnventin shall apply accrdingly. ARTICLE 6 This Prtcl shall be pen fr signature by the Members f the Cuncil f Eurpe, wh are the signatries f the Cnventin; it shall be ratified at the same time as r after the ratificatin f the Cnventin. It shall enter int frce after the depsit f ten instruments f ratificatin. As regards any signatry ratifying subsequently, the Prtcl shall enter int frce at the date f the depsit f its instrument f ratificatin. The instruments f ratificatin shall be depsited with the Secretary-General f the Cuncil f Eurpe, wh will ntify all the Members f the names f thse wh have ratified. Dne at Paris n the 20th day f March 1952, In English and French, bth text being equally authentic, in a single cpy which shall remain depsited in the archives f the Cuncil f Eurpe. The Secretary-General shall transmit certified cpies t each f the signatry Gvernments 2. Cnferring upn the Eurpean Curt f Human Rights Cmpetence t give Advisry Opinins The Member States f the Cuncil f Eurpe signatry heret: Having regard t the prvisins f the Cnventin fr the Prtectin f Human Rights and Fundamental Freedms signed at Rme n 4 Nvember 1950 (hereinafter referred t as 'the Cnventin'), and in particular Article 19 instituting, amng ther bdies, a Eurpean Curt f Human Rights (hereinafter referred t as 'the Curt'); Cnsidering that it is expedient t cnfer upn the Curt cmpetence t give advisry pinins subject t certain cnditins; Have agreed as fllws: ARTICLE 1 1. The Curt may, at the request f the Cmmittee f Ministers, give advisry pinins n legal questins cncerning the interpretatin f the Cnventin and the Prtcls theret. 2. Such pinins shall nt deal with any questin relating t the cntent r scpe f the rights r freedms defined in Sectin I f the cnventin and in the Prtcls theret, r with any ther questin which the Cmmissin, the Curt, r the cmmittee f Ministers might have t cnsider in cnsequence f any such prceedings as culd be instituted in accrdance with the Cnventin. 3. Decisins f the Cmmittee f Ministers t request an advisry pinin f the Curt shall require a tw-thirds majrity vte f the representatives entitled t sit n the Cmmittee.

17 ARTICLE 2 The Curt shall decide whether a request fr an advisry pinin submitted by the Cmmittee f Ministers is within its cnsultative cmpetence as defined in Article 1 f this Prtcl. ARTICLE 3 1. Fr the cnsideratin f requests fr an advisry pinin, the Curt shall sit in plenary sessin. 2. Reasns shall be given fr advisry pinins f the Curt. 3. If the advisry pinin des nt represent in whle r in part the unanimus pinin f the judges, any judge shall be entitled t deliver a separate pinin. 4. Advisry pinins f the Curt shall be cmmunicated t the Cmmittee f Ministers. ARTICLE 4 The pwers f the Curt under Article 55 f the Cnventin shall extend t the drawing up f such rules and the determinatin f such prcedure as the Curt may think necessary fr the purpses f this Prtcl. ARTICLE 5 1. This Prtcl shall be pen t signature by member States f the Cuncil f Eurpe, signatries t the Cnventin, wh may becme Parties t it by: (a) signature withut reservatin in respect f ratificatin r acceptance; (b) signature with reservatin in respect f ratificatin r acceptance, fllwed by ratificatin r acceptance. Instruments f ratificatin r acceptance shall be depsited with the Secretary-General f the Cuncil f Eurpe. 2. This Prtcl shall enter int frce as sn as all the States Parties t the Cnventin shall have becme Parties t the Prtcl in accrdance with the Prvisins f paragraph 1 f this article. 3. Frm the date f the entry int frce f this Prtcl, Articles 1 t 4 shall be cnsidered an integral part f the Cnventin. 4. The Secretary-General f the Cuncil f Eurpe shall ntify the Member States f the Cuncil f: (a) any signature withut reservatin in respect f ratificatin r acceptance; (b) any signature with reservatin in respect f ratificatin r acceptance; (c) the depsit f any instrument f ratificatin r acceptance; (d) the date f entry int frce f this Prtcl in accrdance with paragraph 2 f this article. In witness wheref the undersigned, being duly authrized theret, have signed this Prtcl. Dne at Strasburg, this 6th day f May 1963, in English and French, bth text being equally authentic, in a single cpy which shall remain depsited in the archives f the Cuncil f Eurpe. The Secretary-General shall transmit certified cpies t each f the signatry States.

18 3. Amending Articles 29, 30, and 94 f the Cnventin The member States f the Cuncil, signatries t this Prtcl, Cnsidering that it is advisable t amend certain prvisins f the Cnventin fr the Prtectin f Human Rights and Fundamental Freedms signed at rme n 4 Nvember 1950 (hereinafter referred t as 'the Cnventin') cncerning the prcedure f the Eurpean Cmmissin f Human Rights, Have agreed as fllws: ARTICLE 1 1. Article 29 f the Cnventin is deleted. 2. The fllwing prvisin shall be inserted in the Cnventin: ARTICLE 2 "ARTICLE 29 After it has accepted a petitin submitted under Article 25, the Cmmissin may nevertheless decide unanimusly t reject the petitin if, in the curse f its examinatin, it finds that the existence f ne f the grunds fr nn-acceptance prvided fr in Article 27 has been established. In such a case, the decisin shall be cmmunicated t the parties." 1. At the beginning f Article 34 f the Cnventin, the fllwing shall be inserted: "Subject t the prvisins f Article 29..." 2. At the end f the same article, the sentence "the Sub- cmmissin shall take its decisins by a majrity f its members" shall be deleted. ARTICLE 4 1. The Prtcl shall be pen t signature by the member States f the Cuncil f Eurpe, wh may becme Parties t it either by: (a) signature withut reservatin in respect f ratificatin r acceptance, r (b) signature with reservatin in respect f ratificatin r acceptance, fllwed by ratificatin r acceptance. Instruments f ratificatin shall be depsited with the Secretary-General f the Cuncil f Eurpe. 2. This Prtcl shall enter frce as sn as all States Parties t the Cnventin shall have becme Parties t the Prtcl, in accrdance with paragraph 1 f this article. 3. The Secretary-General f the Cuncil f Eurpe shall ntify the Member States f the Cuncil f: (a) any signature withut reservatin in respect f ratificatin r acceptance; (b) any signature with reservatin in respect f ratificatin r acceptance; (c) the depsit f any instrument f ratificatin r acceptance; (d) the date f entry int frce f this Prtcl in accrdance with paragraph 2 f this article.

19 In witness wheref the undersigned, being duly authrized theret, have signed this Prtcl. Dne at Strasburg, this 6th day f May 1963, in English and French, bth text being equally authentic, in a single cpy which shall remain depsited in the archives f the Cuncil f Eurpe. The Secretary-General shall transmit certified cpies t each f the signatry States 4. Prtecting certain Additinal Rights The Gvernments signatry heret, being Members f the Cuncil f Eurpe, Being reslved t take steps t ensure the cllective enfrcement f certain rights and freedms ther than thse already included in Sectin 1 f the Cnventin fr the Prtectin f Human Rights and Fundamental Freedms signed at Rme n 4 Nvember 1950 (hereinafter referred t as 'the Cnventin') and in Articles 1 t 3 f the First Prtcl t the Cnventin, signed at Paris n 20 March 1952, Have agreed as fllws: ARTICLE 1 N ne shall be deprived f his liberty merely n the grund f inability t fulfil a cntractual bligatin. ARTICLE 2 1. Everyne lawfully within the territry f a State shall, within that territry, have the right t liberty f mvement and freedm t chse his residence. 2. Everyne shall be free t leave any cuntry, including his wn. 3. N restrictins shall be placed n the exercise f these rights ther than such as are in accrdance with law and are necessary in a demcratic sciety in the interests f natinal security r public safety fr the maintenance f 'rdre public', fr the preventin f crime, fr the prtectin f rights and freedms f thers. 4. The rights set frth in paragraph 1 may a ls be subject, in particular areas, t restrictins impses in accrdance with law and justified by the public interest in a demcratic sciety. ARTICLE 3 1. N ne shall be expelled, by means either f an individual r f a cllective measure, frm the territry f the State f which he is a natinal. 2. N ne shall be deprived f the right t enter the territry f the State f which he is a natinal. ARTICLE 4 Cllective expulsin f aliens is prhibited.

20 ARTICLE 5 1. Any High Cntracting Party may, at the time f signature r ratificatin f this Prtcl, r at any time thereafter, cmmunicate t the Secretary-General f the Cuncil f Eurpe a declaratin stating the extent t which it undertakes that the prvisins f this Prtcl shall apply t such f the territries fr the internatinal relatins f which it is respnsible as are named therein. 2. Any High Cntracting Party which has cmmunicated a declaratin in virtue f the preceding paragraph may, frm time t time, cmmunicate a further declaratin mdifying the terms f any frmer declaratin r terminating the applicatin f the prvisins f this Prtcl in respect f territry. 3. A declaratin made in accrdance with this article shall be deemed t have been made in accrdance with paragraph 1 f Article 63 f the Cnventin. 4. The territry f any State t which this Prtcl applies by virtue f the ratificatin r acceptance by that State, and each territry t which this Prtcl is applied by virtue f a declaratin by that State under this article, shall be treated as separate territries fr the purpse f the references in Articles 2 and 3 t the territry f a State. ARTICLE 6 1. As between the High Cntracting Parties the prvisins f Articles 1 t 5 f this Prtcl shall be regarded as additinal articles t the cnventin, and all the prvisins f the Cnventin shall apply accrdingly. 2. Nevertheless, the right f individual recurse recgnized by a declaratin made under Article 25 f the cnventin, r the acceptance f the cmpulsry jurisdictin f the curt by a declaratin made under Article 46 f the cnventin, shall nt be effective in relatin t this Prtcl unless the High Cntracting Party cncerned has made a statement recgnizing such a right, r accepting such jurisdictin, in respect f all r any f Articles 1 t 4 f the Prtcl. ARTICLE 7 1. This Prtcl shall be pen fr signature by the members f the Cuncil f Eurpe wh are the signatries f the Cnventin; it shall be ratified at the same time as r after the ratificatin f the Cnventin. It shall enter int frce after the depsit f five instruments f ratificatin. As regards any signatry ratifying subsequently, the Prtcl shall enter int frce at the date f the depsit f its instrument f ratificati n. The instruments f ratificatin shall be depsited with the Secretary-General f the Cuncil f Eurpe, wh will ntify all members f the names f thse wh have ratified. In witness theref, the undersigned, being duly authrized theret, have signed this Prtcl. Dne at Strasburg, this 16th day f September 1963, in English and French, bth texts being equally authentic, in a single cpy which shall remain depsited in the archives f the Cuncil f Eurpe. The Secretary-General shall transmit certified cpies t each f the signatry States.

21 5. Amending Articles 22 and 40 f the Cnventin The Gvernments signatry heret, being Members f the Cuncil f Eurpe, Cnsidering that certain incnveniences have arisen in the applicatin f the prvisins f Articles 22 and 40 f the Cnventin fr the Prtectin f Human Rights and fundamental Freedms signed at Rme f 4th Nvember 1950 (hereinafter referred t as 'the Cnventin') relating t the length f the terms f ffice f the members f the Eurpean Cmmissin f Human Rights (hereinafter referred t as 'the Cmmissin') and f the Eurpean Curt f Human Rights (hereinafter referred t as 'the Curt'); Cnsidering that it is desirable t ensure as far as pssible an electin every three years f ne half f the members f the Cmmissin and f ne third f the members f the Curt; Cnsidering therefre that it is desirable t amend certain prvisins f the Cnventin, Have agreed as fllws: ARTICLE 1 In Article 22 f the Cnventin, the flwing tw paragraphs shall be inserted after paragraph (2): "(3) In rder t ensure that, as far as pssible, ne half f the membership f the Cmmissin shall be renewed every three years, the Cmmittee f Ministers may decide, befre prceeding t any subsequent electin, that the term r terms f ffice f ne r mre members t be elected shall be fr a perid ther than six years but nt mre than nine and nt less than three years. (4) In cases where mre than ne term f ffice is invlved and the Cmmittee f Ministers applies the preceding paragraph, the allcatin f the terms f ffice shall be effected by the drawing f lts by the Secretary-General, immediately after the electin." ARTICLE 2 In Article 22 f the Cnventin, the frmer paragraphs (3) and (4) shall becme respectively paragraphs (5) and (6). ARTICLE 3 In Article 40 f the Cnventin, the fllwing tw paragraphs shall be inserted after paragraph (2): "(3) In rder t ensure that, as far as pssible, ne half f the membership f the Curt shall be renewed every three years, the Cnsultative Assembly may decide, befre prceeding t any subsequent electin, that the term r terms f ffice f ne r mre members t be elected shall be fr a perid ther than nine years but nt mre than twelve and nt less than six years. (4) In cases where mre than ne term f ffice is invlved and the Cnsultative Assembly applies the preceding paragraph, the allcatin f the terms f ffice shall be effected by the drawing f lts by the Secretary-General, immediately after the electin."

22 ARTICLE 4 In Article 40 f the Cnventin, the frmer paragraphs (3) and (4) shall becme respectively paragraphs (5) and (6). ARTICLE 5 1. This Prtcl shall be pen t signature by Members f the Cuncil f Eurpe, signatries t the Cnventin, wh may becme Parties t it by; (a) signature withut reservatin in respect f ratificatin r acceptance; (b) signature with reservatin in respect f ratificatin r acceptance, fllwed by ratificatin r acceptance. Instruments f ratificatin r acceptance shall be depsited with the Secretary-General f the Cuncil f Eurpe. 2. This Prtcl shall enter int frce as sn as all Cntracting Parties t the Cnventin shall have becme Parties t the Prtcl, in accrdance with the prvisins f paragraph 1 f this article. 3. The Secretary-General f the Cuncil f Eurpe shall ntify the Members f the Cuncil f: (a) any signature withut reservatin in respect f ratificatin r acceptance; (b) any signature with reservatin in respect f ratificatin r acceptance; (c) the depsit f any instrument f ratificatin r acceptance; (d) the date f entry int frce f this Prtcl in accrdance with paragraph 2 f this article.