european convention on human rights and fundamental freedoms 1950 pdf

European Convention On Human Rights And Fundamental Freedoms 1950 Pdf

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European Convention on Human Rights

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 the aim is to be pursued is the maintenance and further realization of Human Rights and Fundamental Freedoms;.

Reaffirming their profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend;. Being resolved, as the Governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law to take the first steps for the collective enforcement of certain of the Rights stated in the Universal Declaration;.

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:. Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

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

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

ARTICLE 15 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.

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. 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. 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 on any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. To ensure the observance of the engagements undertaken by the High Contracting Parties in the present Convention, there shall be set up:. The Commission shall consist of a number of members equal to that of the High Contracting Parties. No two members of the Commission may be nationals of the same state.

The Commission may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law, and within a period of six months from the date on which the final decision was taken. The Commission shall take its decision by a majority of the Members present and voting; the Sub-Commission shall take its decisions by a majority of its members.

The Commission shall meet as the circumstances require. The meetings shall be convened by the Secretary-General of the Council of Europe. No two judges may be nationals of the State. The Court shall elect the President and Vice-President for a period of three years. They may be re-elected. The members of the Court shall receive for each day of duty a compensation to be determined by the Committee of Ministers.

For the consideration of each case brought before it the Court shall consist of a Chamber composed of seven judges. There shall sit as an 'ex officio' member of the Chamber the judge who is a national of any State party concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge; the names of the other judges shall be chosen by lot by the President before the opening of the case.

Only the High Contracting Parties and the Commission shall have the right to bring a case before the Court. The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Convention which the High Contracting Parties or the Commission shall refer to it in accordance with Article The Court may only deal with a case after the Commission has acknowledged the failure of efforts for a friendly settlement and within the period of three months provided for in Article The following may bring a case before the Court, provided that the High Contracting Party concerned, if there is only one, or the High Contracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court, or failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the High Contracting Parties concerned if there is more than one:.

In the event of dispute as to whither the Court has the jurisdiction, the matter shall be settled by the decision of the Court. If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party, is completely or partially in conflict with the obligations arising from the present convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.

The High Contracting Parties undertake to abide by the decision of the Court in any case to which they are parties. The judgement of the Court shall be transmitted to the Committee of Ministers which shall supervise its execution.

On receipt of a request from the Secretary-General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this Convention.

The members of the Commission and of the Court shall be entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder. Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.

Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe. The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.

Done at Rome this 4th day of November, , in English and French, both text 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. Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November, hereinafter referred to as 'the Convention' ,.

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religions and philosophical convictions. The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary-General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.

Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may from time to time communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of any territory. A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 63 of the Convention. As between the High Contracting Parties the provisions of Articles 1, 2, 3 and 4 of this Protocol shall be regarded as additional articles to the convention and all the provisions of the Convention shall apply accordingly.

This Protocol shall be open for signature by the Members of the Council of Europe, who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of ten instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.

The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all the Members of the names of those who have ratified. Done at Paris on the 20th day of March , In English and French, both text 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 signatory Governments. Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November hereinafter referred to as 'the Convention' , and in particular Article 19 instituting, among other bodies, a European Court of Human Rights hereinafter referred to as 'the Court' ;.

Considering that it is expedient to confer upon the Court competence to give advisory opinions subject to certain conditions;.

The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its consultative competence as defined in Article 1 of this Protocol.

The powers of the Court under Article 55 of the Convention shall extend to the drawing up of such rules and the determination of such procedure as the Court may think necessary for the purposes of this Protocol. Done at Strasbourg, this 6th day of May , in English and French, both text 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 signatory States. Considering that it is advisable to amend certain provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at rome on 4 November hereinafter referred to as 'the Convention' concerning the procedure of the European Commission of Human Rights,.

After it has accepted a petition submitted under Article 25, the Commission may nevertheless decide unanimously to reject the petition if, in the course of its examination, it finds that the existence of one of the grounds for non-acceptance provided for in Article 27 has been established. Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November hereinafter referred to as 'the Convention' and in Articles 1 to 3 of the First Protocol to the Convention, signed at Paris on 20 March ,.

No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation. The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all members of the names of those who have ratified. Done at Strasbourg, this 16th day of September , 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.

Considering that certain inconveniences have arisen in the application of the provisions of Articles 22 and 40 of the Convention for the Protection of Human Rights and fundamental Freedoms signed at Rome of 4th November hereinafter referred to as 'the Convention' relating to the length of the terms of office of the members of the European Commission of Human Rights hereinafter referred to as 'the Commission' and of the European Court of Human Rights hereinafter referred to as 'the Court' ;.

Considering that it is desirable to ensure as far as possible an election every three years of one half of the members of the Commission and of one third of the members of the Court;. In Article 22 of the Convention, the following two paragraphs shall be inserted after paragraph 2 :. In Article 22 of the Convention, the former paragraphs 3 and 4 shall become respectively paragraphs 5 and 6.

In Article 40 of the Convention, the following two paragraphs shall be inserted after paragraph 2 :. In Article 40 of the Convention, the former paragraphs 3 and 4 shall become respectively paragraphs 5 and 6. Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.

Done at Strasbourg, this 20th day of January , 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. Enforcement of certain Rights and Freedoms not included in Section I of the Convention Preamble Articles [ 1 ] [ 2 ] [ 3 ] [ 4 ] [ 5 ] [ 6 ] Conclusion 2. Protecting certain Additional Rights Preamble Articles [ 1 ] [ 2 ] [ 3 ] [ 4 ] [ 5 ] [ 6 ] [ 7 ] Conclusion 5.

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. 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 escape of a person lawfully detained; c in action lawfully taken for the purpose of quelling a riot or insurrection.

No one shall be required to perform forced or compulsory labour. 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 recognized, 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.

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

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 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. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest 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 the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

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

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 the general principles of law recognized by civilized nations. 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.

Convention for the protection of human rights and fundamental freedoms

It provides an entry point for every single facet of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. William A. Schabas, author. The link was not copied. Your current browser may not support copying via this button.

The European Convention on Human Rights underwent a spectacular evolution over the first fifty years of its life. In recent times the European Court of Human Rights has been compared to a quasi-constitutional court for Europe in the field of human rights, and for some time the Convention has been viewed as a European Bill of Rights. By contrast those who first proposed a European human rights guarantee were driven by an ambition to put in place a collecti When the Convention was opened for signature in it was viewed by many with scepticism and disappointment. The Convention system took many years to get established. In the mids doubts were expressed as to whether the Court had a future, and in the s the Convention system of control faced a number of serious challenges. This book examines the story of the evolution of the Convention over its first fifty years —

Help us continue to fight human rights abuses. Please give now to support our work. Human Rights Watch urges the Court to take these arguments into consideration in its determination of whether the facts of the current case amount to a violation of the rights protected by the European Convention on Human Rights. The relevance of international human rights principles and their authoritative interpretation by human rights treaty bodies. The ECHR rights at issue in this case are also protected under other human rights treaties, in some cases in terms that offer detailed guidance that is directly relevant to the issues at stake in this case.


Convention for the Protection of Human Rights and Fundamental Freedoms. Rome, ewiseattle.org THE GOVERNMENTS SIGNATORY HERETO, being members of.


The European Convention on Human Rights

If you are a publisher or author and have copyright concerns for any item, please email research. The author or person responsible for depositing the article will be contacted within one business day. Research Repository UCD collects, preserves and makes freely available publications including peer-reviewed articles, working papers and conference papers created by UCD researchers. Where material has already been published it is made available subject to the open-access policies of the original publishers.

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 the aim is to be pursued is the maintenance and further realization of Human Rights and Fundamental Freedoms;.

Submission to the European Court of Human Rights in A.M. v. Russia

Drafted in by the then newly formed Council of Europe , [1] the convention entered into force on 3 September All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgements, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained.

Or alternatively hold down the Ctrl key and scroll up or down with the mouse. Governments signed up to the ECHR have made a legal commitment to abide by certain standards of behaviour and to protect the basic rights and freedoms of ordinary people. It is a treaty to protect the rule of law and promote democracy in European countries. Winston Churchill, The Hague, 7th May It was from this gathering that the ECHR began to take shape.


The Governments signatory hereto, being Members of the Council of Europe, Reaffirming their profound belief in thoso Fundamental Freedoms which are imposed according to the provisions of Article 5 of this Convention or daring.


What is the European Convention on Human Rights?

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