DONATE
Become a Volunteer
Minority RightsEuropean Convention on Human Rights - November 4, 1950
European Convention for the Protection of Human Rights and Fundamental Freedoms
Adopted by the member states of the Council of Europe in Rome on November 4, 1950. The 11th Protocol amendment is incorporated into the text.
The undersigned Member States of the Council of Europe recognize the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948:
That this Declaration aims at achieving everywhere and effectively the recognition and implementation of the rights set forth in its text
Bearing in mind that the aim of the Council of Europe is to establish a closer union among its members and that the protection and promotion of human rights and fundamental freedoms constitutes one of the means of achieving this aim
Reiterating their deep conviction in the most fundamental freedoms, which constitute the very foundation of peace and justice in the world and whose maintenance depends, above all, on the existence of a truly democratic political regime, on the one hand, and on a common understanding and mutual respect for human rights, on the other
Deciding, as governments of European States of like faith and sharing a common heritage of political traditions, ideals, respect for freedom and the rule of law, to take the first steps towards the collective guarantee of certain rights enshrined in the Universal Declaration
Agreed as follows:
Article 1- Obligation to Respect Human Rights
The High Contracting Parties shall accord to everyone within their jurisdiction the rights and freedoms set forth in Part I of the present Covenant.
PART I
RIGHTS AND FREEDOMS
Article:2- Right to Life
Everyone's right to life is protected by law. No one shall be intentionally killed except in execution of a sentence imposed by a court for an offense punishable by death by law.
Killing shall not be deemed to have been committed in violation of this article if it is the result of an absolute necessity to resort to force in one of the following circumstances
a. The protection of a person against unlawful violence;
b. the lawful arrest or the prevention of the escape of a person lawfully detained
c. the lawful suppression of an uprising or rebellion.
Article:3- Prohibition of Torture
No one shall be subjected to torture, inhuman or degrading punishment or treatment.
Article 4- Prohibition of Slavery and Forced Labor
No one shall be held as a slave or servant. No one shall be subjected to forced labor or drudgery.
The following shall not constitute "forced labor or drudgery" within the meaning of this article
5. Work which a person detained under the conditions referred to in article 5 of the present Covenant would ordinarily be required to perform during his detention or conditional release;
6. Service of a military nature or, in countries which recognize as legitimate the situation of persons who, on the grounds of their convictions, refrain from military service, any other service to be performed by persons of such convictions in lieu of compulsory military service;
7. Any service required in times of crisis or disaster threatening the life or well-being of the community;
8. Any work or service falling within the scope of normal civic obligations.
Article 5- The Right to Liberty and Security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty except in the following cases and in the manner prescribed by law.
2. when a person is duly imprisoned upon conviction by a competent court;
3. his arrest or detention for disobedience of a judgment lawfully issued by a court or for the fulfillment of an obligation imposed by law
4. the detention or arrest of a person on suspicion of having committed an offense, or where there are reasonable grounds for believing that it is necessary to prevent him from committing an offense or from absconding after the commission of an offense, in order to bring him before competent judicial authority;
5. the detention of a minor pursuant to an order issued in accordance with law to ensure that he or she is brought before the competent authority which shall decide on his or her education or detention under supervision;
6. The lawful detention of a person capable of spreading a contagious disease, a mentally ill person, an alcoholic, a person addicted to narcotic substances or a person who is a destitute person;
7. The lawful detention and arrest of a person because he or she has been unlawfully prevented from entering the country or because deportation or extradition proceedings are pending against him or her.
8. Every person arrested shall be informed promptly and in a language he understands of the reasons for his arrest and of any charges against him.
9. Every person arrested or detained in accordance with the conditions laid down in paragraph 1 (c) of this Article shall be brought promptly before a judge or other official authorized by law to exercise judicial functions. He shall have the right to be tried within a reasonable time or to be released pending judicial proceedings. Release may be conditional upon a guarantee that the person concerned will be present at the hearing.
10. Everyone deprived of his liberty by arrest or detention shall have the right to apply to a court for a prompt decision on the lawfulness of the restriction of his liberty and, if it is not lawful, for his release.
11. Everyone who has been the victim of arrest or detention in violation of the provisions of this Article shall have the right to compensation.
Article 6- Right to a fair trial
1. Everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, whether for the settlement of disputes concerning his civil rights and obligations or for the determination of any criminal charge against him. The judgment shall be delivered in open court, but, where in a democratic society the interests of public morality, public order and national security or the protection of minors or the privacy of the parties to the proceedings so require, or in special circumstances where the administration of justice would be prejudiced by an open hearing, the proceedings may be closed to the press and the public in whole or in part for the duration of the trial to the extent that the court considers it necessary.
2. Everyone charged with a criminal offense is innocent until proven guilty in accordance with the law.
3. Every accused person shall have at least the following rights.
4. To be informed promptly, in a language he understands and in detail, of the nature and cause of the charge against him
5. To have the time and facilities necessary for the preparation of his or her defense;
6. To defend himself or herself or to have the assistance of a defender of his or her choice and, if he or she lacks the financial means to hire a lawyer and the interests of justice so require, to have the free assistance of a lawyer appointed by the court;
7. To interrogate or have interrogated the prosecution witnesses and to demand that the defense witnesses be summoned and heard under the same conditions as the prosecution witnesses,
8. To benefit, free of charge, from the assistance of an interpreter if he/she does not understand or cannot speak the language used in the hearing.
Article:7- No punishment without law
No one shall be convicted of an act or omission which, at the time it was committed, was not an offense under national or international law. No one shall be subjected to a more severe penalty than that which would have been applicable at the time the offense was committed. This article shall not prevent the trial and punishment of any person accused of an act or omission which, at the time it was committed, was an offence under the general principles of law recognized by civilized nations.
Article:8- Right to Respect for Private and Family Life
Everyone has the right to respect for his private and family life, home and correspondence.
Interference by a public authority with the exercise of this right shall be permissible in a democratic society only to the extent necessary for national security, public safety, the economic well-being of the country, the preservation of law and order, the prevention of crime, the protection of health or morals or the rights and freedoms of others, and provided that such interference is prescribed by law.
Article:9- Freedom of Thought, Conscience and Religion
Everyone has the right to freedom of thought, conscience and religion. This right shall include freedom to change his religion or belief and freedom, either individually or collectively, to manifest his religion or belief in public or in private, through worship, teaching, practice and observance of rituals.
Freedom to manifest one's religion or belief may be restricted by law and by such measures as are necessary in a democratic society in the interests of public safety, public order, public health and morals or for the protection of the rights and freedoms of others.
Article:10- Freedom of Expression
Everyone has the right to freedom of opinion and expression. This right shall include freedom of opinion and freedom to receive and impart information or ideas without interference by public authorities and regardless of frontiers. This Article does not prevent States from subjecting radio, television and cinema enterprises to a licensing regime.
These freedoms, the exercise of which entails duties and responsibilities, may be subject in a democratic society to such formalities, conditions, restrictions and sanctions as may be prescribed by law as are necessary in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health and morals, for the protection of the reputation and rights of others, for the prevention of the dissemination of information which should remain confidential, or for the maintenance of the authority and impartiality of the judiciary.
Article:11- Freedom of Assembly and Association
Everyone shall have the right to hold meetings for peaceful purposes, to form associations, and to form and join trade unions with others for the protection of his interests.
The exercise of these rights may be restricted only by law and only for the purposes of national security, public safety, the maintenance of peace and order and the prevention of crime, the protection of health and morals or the rights and freedoms of others, as necessary measures in a democratic society. This Article does not preclude the imposition of legal restrictions on the exercise of these rights by members of the armed forces and security forces and those in charge of the administrative machinery of the State.
Article:12- Right to Marry
Men and women of marriageable age have the right to marry and to found a family in accordance with national laws governing the exercise of this right.
Article 13 - Right to an effective remedy
Everyone whose rights and freedoms as recognized in the present Covenant are violated shall have the right to appeal to a national authority for redress, even if the violation is committed by persons acting in an official capacity in reliance on that capacity.
Article:14- Prohibition of Discrimination
The enjoyment of the rights and freedoms set forth in the present Covenant shall be secured without distinction of any kind, such as sex, race, color, language, religion, political or other opinion, national or social origin, membership of a national minority, wealth, birth or other status.
Article:15- Reduction of Obligations in Case of Emergency
1. In time of war or other general danger threatening the existence of the nation, each High Contracting Party may take measures inconsistent with the obligations provided for in this Convention, but only to the extent required by the situation and provided that such measures are not inconsistent with other obligations under international law.
2. Article 2, Articles 3 and 4 (paragraph 1) and Article 7 may not be violated in any manner whatsoever on the basis of the foregoing provision, except in cases of occurrence as a result of legitimate acts of war.
3. Each High Contracting Party exercising its right to take measures contrary to this Article shall fully inform the Secretary-General of the Council of Europe of the measures taken and the reasons for them. That High Contracting Party shall also inform the Secretary-General of the Council of Europe of the date on which such measures cease to have effect and the provisions of the Convention are again fully applicable.
Article:16- Restriction of Political Activities of Foreigners
Nothing in Articles 10, 11 and 14 shall be deemed to prevent the High Contracting Parties from restricting the political activities of foreigners.
Article 17- Prohibition of Abuse of Rights
Nothing in this Covenant shall be construed as conferring upon any State, community or person the right to undertake any activity or to take any action aimed at the destruction of the rights and freedoms recognized in the Covenant or at limiting them to a greater extent than is provided for herein.
Article:18- Limits on the Use of Measures to Restrict Rights
Any restrictions imposed by the provisions of this Convention on the rights and freedoms referred to may be applied only for the purposes foreseen.
CHAPTER II
EUROPEAN COURT OF HUMAN RIGHTS
Article:19- Establishment of the Court
A European Court of Human Rights, hereinafter referred to as the "Court", shall be established to ensure that the Contracting Parties fulfill the commitments undertaken by them in this Convention. The Court shall operate on a permanent basis.
Article:20- Number of Judges
The Court shall be composed of as many judges as there are Contracting States Parties.
Article:21- Terms of Reference
1. Judges shall be distinguished among persons of high moral qualities who possess the necessary qualifications for appointment to a high judicial office or who are recognized for their expertise in law
2. Judges shall sit in their personal capacity before the Court.
3. During their term of office, the Judges shall not engage in any occupation incompatible with the requirements of independence, impartiality and the principle of continuous work; the Court itself shall decide on all questions arising from the application of this paragraph.
Article:22- Election of Judges
1. The Judges shall be elected by a majority of votes by the Parliamentary Assembly from a list of three candidates nominated by each Contracting Party.
2. The same procedure shall be followed to complete the Court in the event that new Contracting Parties accede to the Convention and in the event that vacancies need to be filled.
Article:23- Terms of Office
1. Judges are elected for a term of six years. Judges whose term of office expires may be re-elected. However, the term of office of one third of the judges elected at the first election shall expire after three years.
2. The judges whose term of office expires at the end of the first three-year term shall be drawn by lot by the Secretary-General of the Council of Europe immediately after their election.
3. In order to ensure, as far as possible, the renewal of half of the judges every three years, the Parliamentary Assembly may, before proceeding to the next election, fix the term of office of one or more of the judges to be elected for a longer or shorter period than six years, but not more than nine years and not less than three years.
4. Where the term of office of more than one judge is at stake and the Parliamentary Assembly applies the foregoing paragraph, the allocation of the term of office shall be determined by lot drawn by the Secretary General of the Council of Europe immediately after the election.
5. Judges elected to replace a judge whose term of office has not expired shall take office for the remainder of the term of the judge whom they replaced.
6. Judges shall cease to hold office when they reach the age of seventy.
7. A judge whose term of office has expired shall continue in office until his or her replacement is appointed. However, these judges shall continue to hear a case which they have started.
Article 24 - Removal from office
A judge shall not be removed from office unless it is decided by two-thirds of the other members of the Court that he or she no longer meets the necessary requirements.
Article 25- Registry Law
The Court shall have a Registry, the functioning and organization of which shall be laid down in the Rules of Procedure of the Court. The Court shall be assisted by legal secretaries working in the Registry.
Article 26- General Assembly of the Court
1. a) elect the President of the Court and one or two Deputy Prime Ministers for a term of three years; those whose term expires may be re-elected,
2. b) Establishes Chambers established for a specific period of time,
3. c) elects the Heads of Departments; those whose term expires may be re-elected;
4. d) adopts the Rules of Court; and
5. e) elects the Registrar and one or more Deputies
Article 27- Committees, Chambers and Grand Chamber
1. The Court meets in committees of three judges, Chambers of seven judges and a Grand Chamber of seventeen judges to hear the cases before it. Committees shall be established by the Chambers for a fixed period of time.
2. The judge elected in respect of the State concerned shall sit ex officio in the Chamber and the Grand Chamber; if no such judge is available or is unable to act, a person chosen by the State concerned shall sit as a judge in the Chamber or the Grand Chamber.
3. The Grand Chamber shall consist of the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges elected in accordance with the Rules of Court. In cases brought before the Grand Chamber pursuant to Article 40(3), no judge of this Chamber shall sit in the Grand Chamber except the President of the Chamber which decided to refer the case to the Grand Chamber and the judge sitting for the State concerned.
Article 28 - Declarations of inadmissibility by the Committees
Where a committee is able to decide on an individual application under Article thirty-four without further examination, it may unanimously declare it inadmissible or dismiss it. This decision shall be final.
Article 29 - Decisions of the Chambers on admissibility and merits
1. A Chamber shall decide on the admissibility and merits of an application under Article thirty-four, unless a decision has been taken in accordance with Article twenty-eight.
2. A Chamber may decide on the admissibility and merits of inter-State applications under Article thirty-three.
3. Unless the Court decides otherwise in exceptional circumstances, the decisions on admissibility and on the merits shall be separate.
Article 30 - Delegation of jurisdiction to the Grand Chamber
If in a case pending before a Chamber a serious question arises requiring an interpretation of the Convention or the Protocols thereto, or if the solution of the question before the Chamber would produce a result incompatible with a previous judgment of the Court, and unless one of the parties to the case objects thereto, the Chamber may, at any stage before delivering judgment, cede jurisdiction in that case in favour of the Grand Chamber.
Article 31 - Powers of the Grand Chamber
Big Circle
1. a) decide applications under Article thirty-three, applications under Article thirty-four in which a Chamber has relinquished jurisdiction under Article thirty, and cases brought before it under Article forty-three; and
2. b) examine the requests for advisory opinions provided for in Article forty-seven.
Article 32 - Jurisdiction of the Court
1. The Court shall have jurisdiction over the interpretation and application of the Convention and over all questions of interpretation and application of the Convention in cases brought before it as provided for in Articles thirty-three, thirty-four and forty-seven.
2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide the dispute.
Article 33 - State applications
A Contracting State Party may receive communications from individuals, non-governmental organizations and communities of individuals claiming to be aggrieved by violations by a Contracting State of their rights as set out in the Covenant and Protocols. Contracting States Parties undertake not to impede the effective exercise of this right.
Article 35 - Admissibility conditions
The Court may proceed to examine applications brought before it only after all domestic remedies have been exhausted in accordance with generally recognized rules of international law and within six months of the final decision on the matter.
2. The Court shall not proceed to examine an individual application under Article thirty-four if
3. a) the application is unsigned; or
4. b) the application has the same content as a matter already examined by the Court, or has been submitted to another international investigation or conciliation authority and contains no new information on the subject matter.
5. The Court shall declare inadmissible an individual application lodged under Article thirty-four which it considers not to fall within the provisions of this Convention or the Protocol, to be manifestly ill-founded or to constitute an abuse of the right of recourse.
6. The Court shall dismiss an application which it considers inadmissible under this Article. It may take the same decision at any stage of the proceedings.
Article 36 - Intervention by a Third Party
1. Contracting Parties whose nationals are applicants in cases before a Chamber or the Grand Chamber shall have the right to submit written observations and to participate in the proceedings in those cases.
2. The President of the Court may, for the proper administration of justice, invite a Contracting State which is not a party to the proceedings or any interested person other than the applicant to submit written observations and to participate in the proceedings.
Article 37 - Dismissal of applications
1. At any stage of the proceedings, the Court may decide to dismiss a case if the circumstances lead to one of the following results
2. a) the applicant does not intend to pursue his or her application; or
3. b) the problem has been resolved; or
4. c) there is a reason found by the Court that does not require further examination of the application.
However, the Court shall continue its examination if the merits of respect for human rights as defined in the Convention and the Protocols thereto so require.
2. The Court may revive an application if it considers that the circumstances warrant reviving it.
Article 38 - Examination of the merits and amicable settlement
1. If the Court finds the application admissible,
2. a) continue to examine the case with the representatives of the parties and, if necessary, conduct an investigation, provided that the State Party concerned provides all necessary facilities for its effective conduct
3. b) endeavor to reach an amicable settlement of the matter between the parties concerned on the basis of respect for human rights as defined in the Convention and the Protocols thereto.
4. Any proceedings pursuant to subparagraph b) of paragraph 1 shall be confidential.
Article 39 - Reaching an amicable settlement
If a friendly settlement is reached, the Court shall dismiss the case with a judgment containing a brief summary of the facts and the conclusion reached.
Article 40 - Publicity of hearings and access to documents
1. Unless the Court decides otherwise in exceptional cases, hearings shall be open to everyone.
2. Unless the President of the Court decides otherwise, documents deposited with the Registry may be obtained by anyone.
Article 41 - Fair Recompense
If the Court finds that there has been a violation of the Convention or of the Protocols thereto, and the domestic law of the Contracting State concerned permits only partial redress for that violation, the Court shall, if it considers it necessary, award just satisfaction to the injured party.
Article 42 - Decisions of the Chambers
The decisions of the Chambers shall become final in accordance with the provisions of the second paragraph of Article forty-four.
Article 43 - Referring a case to the Grand Chamber
1. Any party to the case may, within three months of the date of the Chamber's decision, request, in exceptional cases, that the case be referred to the Grand Chamber.
2. This request, examined by a panel of five judges of the Grand Chamber, shall be granted if the case involves a serious question affecting the interpretation or application of the Convention or the Protocols thereto or a matter of general importance
3. If that body accepts the request, the Grand Chamber shall decide the case by a judgment.
Article 44 - Final Decisions
1. The final decision of the Grand Chamber shall be final.
2. The final decision of a Chamber shall be final if
3. a) the parties declare that they do not wish to bring the case before the Grand Chamber; or
4. b) at the end of three months from the date of the judgment, unless a request to refer the case to the Grand Chamber has been made within that period; or
5. c) if the request under Article forty-third is rejected by a five-judge panel of the Grand Chamber.
6. The final judgments shall be published.
Article 45 - Reasoned final judgments and Decisions
1. Final judgments and decisions declaring the admissibility or inadmissibility of applications shall be reasoned.
2. If the judgment of the Court is not unanimous in part or in whole, each judge shall have the right to express a dissenting opinion.
Article 46 - Binding force and execution of the final judgment
1. The Contracting Parties undertake to abide by the final judgments of the Court in cases to which they are parties.
2. The final judgments of the Court shall be transmitted to the Committee of Ministers, which shall monitor their execution.
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 advisory opinions shall not relate to any question concerning the content or scope of the rights and freedoms defined in Part I of the Convention and the Protocols thereto, or to any other question which the Court or the Committee of Ministers may have to examine as a result of a case which may be instituted under the Convention
3. In order for the Committee of Ministers to decide to request an advisory opinion from the Court, the vote of a majority of the representatives entitled to attend the meetings of the Committee shall be required.
Article 48 - Consultative competence of the Court
The Court shall decide for itself whether the subject matter of the Committee of Ministers' request for an advisory opinion falls within its competence as defined in Article forty-seven.
Article 49 - Reasoned advisory opinions
1. The Court shall give its advisory opinions with reasons.
2. If the judges are not unanimous in all or part of the advisory opinion, each judge shall be entitled to express a dissenting opinion.
3. The advisory opinions of the Court shall be communicated to the Committee of Ministers.
Article 50- Expenses of the Commission and the Court
The expenses of the Court shall be borne by the Council of Europe.
Article 51- Privileges and immunities of judges
During their term of office, Judges shall be entitled to the privileges and immunities set forth in Article 40 of the Statute of the Council of Europe and the treaties concluded thereunder.
SECTION III
MISCELLANEOUS PROVISIONS
Article:52- Researches of the Secretary General
Each High Contracting Party shall, upon request of the Secretary-General of the Council of Europe, make available to the Secretary-General of the Council of Europe an explanation of the manner in which the practical implementation of all the provisions of the present Covenant is ensured by its domestic law.
Article 53 - Protection of Existing Human Rights
Nothing in this Convention shall be construed as limiting or impairing any human rights and fundamental freedoms which may be recognized under the laws of the Contracting Parties or under any other convention 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 - Non-recourse to other means of dispute settlement
The contracting parties agree not to resort to any other agreement, convention or declaration in force between them to settle a dispute arising out of the interpretation or application of this convention, other than the remedy provided for in this convention, unless specifically agreed.
Article 56 - Application in respect of place
1. At the time of ratification or after ratification, a State may, by notification addressed to the Secretary-General of the Council of Europe, declare, in accordance with paragraph 4 of this Article, that the scope of application of this Convention includes other countries for which it is responsible for international relations.
2. The Convention shall enter into force in the country or countries specified in the notification thirty days after receipt of that notification by the Secretary-General of the Council of Europe.
3. The provisions of the Convention shall be applied taking into account the requirements of local conditions in those countries.
4. A State which has given a notification under paragraph 1 of this Article may at any time thereafter declare that it accepts the jurisdiction of the Court to receive communications from individuals, non-governmental organizations and associations of individuals under Article thirty-four on behalf of one or more of the countries to which the notification relates.
Article 57- Reservations
1. A State may, when signing the Convention or depositing its instrument of ratification, make a reservation to the extent that a law in force in its territory is incompatible with a particular provision of the Convention. This article does not provide for reservations of a general nature.
2. Reservations to this Article shall contain a summary statement of the law in question.
Article -58 Withdrawal from the Convention
1 - A contracting State Party may withdraw from the present convention only five years after becoming a party to the present convention and six months after the notice of withdrawal, which shall be contained in a notification addressed to the Secretary-General of the Council of Europe.
2 - Such a notice of withdrawal shall not relieve the Contracting State Party concerned from the obligations assumed by it under this Convention in respect of acts which may constitute a breach of such obligations before the date of entry into force of the notice.
3 - A contracting State which ceases to be a member of the Council of Europe shall cease to be a party to this Convention under the same conditions.
4 - Withdrawal from this convention in respect of countries to which this convention has been declared applicable pursuant to Article fifty-six shall also be made in accordance with the provisions of the preceding paragraph.
Article 59 - Signature and ratification
1. This Convention is open for signature by the members of the Council of Europe. The Convention shall be ratified by the Member States. The instruments of ratification shall be deposited with the Secretary General of the Council of Europe.
2. The Convention shall enter into force after the deposit of ten instruments of ratification.
3. The Convention shall enter into force for a signatory State which subsequently ratifies it on the date of deposit of its instrument of ratification.
4. The Secretary-General of the Council of Europe shall inform all members of the Council of Europe of the date of entry into force of the Convention, of the names of the parties ratifying the Convention and of all instruments of ratification subsequently deposited.
Signed at Rome on 4 November 1950, the present text, in English and French, both equally authentic, shall be deposited in a single copy in the archives of the Council of Europe. The Secretary-General shall transmit a certified copy to each signatory State.
Source: Helsinki Citizens' Assembly