209/1992 Coll.
COMMUNICATION
Federal Department of Foreign Affairs
Change: 41/1996 Coll.
Change: 243/1998 Coll.
Change: 48/2010 Sb.ms
Federal Ministry of Foreign Affairs informs that on February 21, 1991 in Madrid
was signed on behalf of the Czech and Slovak Federal Republic
European Convention on Human Rights as amended by Protocols No.
. 3, 5 and 8, agreed in Rome on 4 November 1950, and such other documents
Party to this Convention continuing:
Additional Protocol, agreed in Paris on 20 March 1952
Protocol no. 2 stipulated in Strasbourg on 6 May 1963,
Protocol no. 4, done in Strasbourg on 16 September 1963
Protocol no. 6 agreed in Strasbourg on 28 April 1983 and
Protocol no. 7, agreed in Strasbourg on 22 November 1984.
With the conventions and protocols expressed consent of the Federal Assembly of the Czech and Slovak Federal Republic
and president of the Czech and Slovak Federal Republic
is ratified with the Czech and Slovak Federal Republic
under Article 64 of the Convention makes a reservation to
Articles 5 and 6 of the Convention in the sense that those provisions do not store
disciplinary prison sentence under § 17 of Act no. 76/1959 Coll., on some service contracts of soldiers
. Instruments of ratification were deposited with the Secretary-General
Council of Europe, depositary of the Convention on 18 March 1992.
When ratifying declaration has been made: Czech and Slovak Federal Republic
claims that after a period of five years, which will
tacitly extended for a further period of five years, if the Czech and Slovak Federal Republic
withdraws its declaration before the expiration of the current period
:
A) recognizes the competence of the European Commission of Human Rights, adopted under Article 25 of the Convention
complaints by individuals, non-governmental organizations or groups of persons
claiming to be the victim of a violation of the rights conferred
Convention for the Protection of Human Rights and Fundamental freedoms, Articles 1-4
Protocol Nos. 4 and Articles 1-5 of Protocol no. 7, if the violation of rights
arising from these documents occurred after their entry into force for
Czech and Slovak Federative Republic;
B) recognizes on the basis of reciprocity, the competence of the European Court of Human Rights
under Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms
to the interpretation and application of the Convention, Articles 1-4 of Protocol no. 4 and Articles || | 1-5 Protocol no. 7, if the violation of rights arising from these documents
occurred after their entry into force for the Czech and Slovak Federal Republic
.
The Convention entered into force by virtue of Article 66 para. 2
on 3 September 1953. For the Czech and Slovak Federative Republic
entered into force in accordance with Article 66 para. 3 day of March 18, 1992.
Additional Protocol entered into force by virtue of Article 6
day 18th in May 1954 and entered into force ČSFR Under the same Article
on 18 March 1992.
Protocol no. 4 entered into force by virtue of Article 7, paragraph. 1
day of May 2, 1968 and ČSFR entered into force under the same article
on 18 March 1992.
Protocol no. 6 entered into force by virtue of Article 8 paragraph.
1 on 1 March 1985 for ČSFR under the same article, paragraph. 2 on April 1
1,992th
Protocol no. 7 entered into force by virtue of Article 9, paragraph. 1
on 1 November 1988 and to ČSFR under the same article, paragraph. 2
enter into force on 1 June 1992.
Protocol no. 9 entered into force by virtue of Article 7, paragraph. 1
on 1 October 1994 and the same day entered into force for the Czech Republic
.
Czech translations of the Convention and the Protocols are announced separately.
CONVENTION
For the Protection of Human Rights and Fundamental Freedoms as amended by Protocols Nos. 3, 5 and 8
Signatory governments, members of the Council of Europe
Considering the Universal Declaration of Human Rights proclaimed by the General
Assembly of the United Nations on 10th December 1948;
Considering that this Declaration aims at securing the universal
and effective recognition and observance of the Rights therein declared;
Considering that the aim of the Council of Europe is to achieve greater unity between its members
, and that one of the ways is to pursue this goal,
protection and further development of human rights and fundamental freedoms;
Reaffirming their profound belief in those fundamental freedoms which are
Foundation of justice and peace in the world and are best maintained on the one hand
effective political democracy and on the other hand
common concept and respect for human rights, on which depends;
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
guaranteeing certain rights proclaimed in the Universal Declaration;
Agreed as follows:
Article 1
Obligation to respect human rights
High Contracting Parties shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I of this Convention.
TITLE
I
RIGHTS AND FREEDOMS Article 2
Right to Life
First Everyone's right to life shall be protected by law. No one shall be deprived of life intentionally
addition to court-imposed sentence following
conviction for committing a criminal offense for which the law imposes
punishment.
Second 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 defense of any person from unlawful violence;
B) to effect a lawful arrest or to prevent the escape of a person lawfully detained
;
C) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment
.
Article 4
Prohibition of slavery and forced labor
First No one shall be held in slavery or servitude.
Second No one shall be required to perform forced or compulsory labor
.
Third For "forced or compulsory labor" for the purposes of this article does not
:
A) work normally required when the sentence imposed by Article 5
this Convention or during conditional release from such detention;
B) service of a military character or, in the case of those who refuse
military service on grounds of conscience in countries where such refusal is recognized
military service, another service exacted instead of compulsory military service
;
C) any service exacted in case of an emergency or calamity threatening the life or well-being
community;
D) any work or service which forms part of normal civic obligations
.
Article 5
The right to liberty and security
First Everyone has the right to liberty and security of person.
No one shall be deprived of his liberty save in the following cases when this happens
accordance with the procedure prescribed by law:
A) the lawful detention after conviction by a competent court;
B) the lawful arrest or detention of a person because
lawful order of a court under the law, or that
ensure fulfillment of the obligations prescribed by law;
C) the lawful arrest or detention of a person for the purpose of bringing
before the competent legal authority on reasonable suspicion of having committed a criminal offense or
are reasonable grounds to believe that it is necessary to prevent it in
committing an offense or fleeing after its commission;
D) the detention of a minor by lawful order for
purpose of educational supervision or his lawful detention for the purpose
bringing him before the competent authority;
E) the lawful detention of persons to prevent the spread of infectious diseases,
persons of unsound mind, alcoholics or drug addicts or vagrants;
F) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry
the territory or of a person against whom action is being
deportation or extradition.
Second Anyone who is arrested shall be informed promptly, in a language which he
understood the reasons for his arrest and of any charge against him.
Third Anyone who is arrested or detained in accordance with the provisions of paragraph 1
point. c) of this Article shall be brought promptly before a judge
or other officer authorized by law to exercise judicial power and shall
right to be tried within a reasonable time or to release pending
management. Release may be conditioned by guarantees that the person
appear for trial.
Fourth Everyone who is deprived of his liberty by arrest or detention shall be entitled
to take proceedings in which the court decided speedily on the lawfulness
His detention and his release ordered if the detention
illegal.
Fifth Everyone who has been the victim of arrest or detention in contravention of the provisions of this article
, is entitled to compensation.
Article 6
The right to a fair trial
First Everyone has the right to a fair and public
within a reasonable time by an independent and impartial tribunal established by law
, the determination of his civil rights and obligations or of any criminal
charges against him.
Judgment shall be pronounced publicly but 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, or when it is in the interest
juveniles or the protection of the private life of the parties
or, to the extent deemed by the court as essential if,
due to special circumstances where publicity may prejudice the interests of justice
.
Second Everyone charged with a criminal offense shall be presumed innocent until
his guilt has not been proven lawfully.
Third Everyone charged with a penal offense has the following minimum rights:
A) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation
against him;
B) to have adequate time and facilities to prepare his defense;
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
free when the interests of justice so require;
D) to examine or have examined witnesses against him and to obtain
summoning 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 can not understand
used in court or speak.
Article 7
Prohibition of punishment without law
First No one shall be held guilty of any act or omission which, at the time
when it was committed, was not under national or international law
offense. Nor shall a heavier penalty be imposed than the one that was
can be saved at the time of the offense.
Second This article shall not prejudice the trial and punishment of any person for any act or omission
that at the time when it was committed, was criminal according to the general
principles of law recognized by civilized nations.
Article 8
Right to respect for private and family life
First Everyone has the right to respect for his private and family life, his home and his correspondence
.
Second State authority unable to exercise this right to intervene except
when it is in accordance with the law and is necessary in a democratic society
interests of national security, public safety or the economic well
prevention of disorder or crime, for the protection
health or morals or the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
First Everyone has the right to freedom of thought, conscience and religion;
This right includes freedom to change his religion or
belief and freedom to manifest religion or belief
alone or jointly with others, either publicly or privately,
in worship, teaching, religious practice
and observance ceremonies.
Second Freedom to manifest one's religion or beliefs may be subject only to such limitations
which are prescribed by law and are necessary in a democratic society
in the interest of public safety, public
order, health or morals or the rights and freedoms of others.
Article 10
Freedom of expression
First Everyone has the right to freedom of expression. This right includes freedom to hold opinions and
receive and impart information and ideas without interference by public
authority and regardless of frontiers.
This article shall not prevent States from requiring the licensing of broadcasting, television or cinema
companies.
Second The exercise of these freedoms, since it carries with it duties and responsibilities, may
subject to such formalities, conditions, restrictions or penalties as are prescribed by law
and are necessary in a democratic society
interests of national security, territorial integrity or public security
prevention of disorder or crime, for the protection of health or morals,
Protection of the reputation or rights of others, for preventing the disclosure of confidential information
or for maintaining the authority and impartiality of the judiciary.
Article 11
Freedom of assembly and association
First Everyone has the right to freedom of peaceful assembly and to freedom
association with others, including the right to establish unions to defend their interests
unions or entering them.
Second The exercise of these rights can not be imposed any restrictions except those
prescribed by law and are necessary in a democratic society in the interests
national security, public safety, prevention of disorder and crime
protection of health or morals or the protection of rights
and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights
members of the armed forces, police and state administration.
Article 12
Right to marry
Men and women of marriageable age have the right to close
marry and found a family in accordance with the national laws governing the exercise of this
law.
Article 13
The right to an effective remedy
Everyone whose rights and freedoms set forth in this Convention are violated shall
have an effective remedy before a national authority, although
violation has been committed by persons acting in an official capacity.
Article 14
Prohibition of discrimination
Enjoyment of the rights and freedoms set forth in this Convention shall be secured without
discrimination based on any ground such as sex, race, color
skin, language, religion, political or other opinion, national or social
origin, association with a national minority, property, birth or other status
.
Article 15
Derogation in case of danger
First In the event of war or other public emergency threatening the state
existence, 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
if these measures are not incompatible
with its other obligations under international law.
Second Under this provision No derogation from Article 2, except
deaths resulting from lawful acts of war, and Article 3, 4 (paragraph 1) and
7th
Third Any High Contracting Party availing itself of the right of withdrawal,
will fully inform the Secretary General of the Council of Europe
measures taken and the reasons therefor.
Secretary General of the Council of Europe will also inform about when such measures have ceased
and the provisions of the Convention are again conducted in full
range.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties
impose restrictions on the political activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State,
group or person any right to engage in any activity or perform
act aimed at the destruction of any of the rights granted herein and
freedoms or restriction these rights and freedoms to a greater extent than it
Convention provides.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not
be used for any purpose other than that for which it was intended.
TITLE II
European Court of Human Rights
Article 19
Establishment of the Court
To ensure the fulfillment of obligations by the High Contracting Parties in
Convention and Protocol, establishing the European Court of Human Rights
(hereinafter "the Court"). The Court carries out its activities as a permanent office.
Heading left
Article 20
The number of judges
Number of judges constituting the Court is equal to that of the High Contracting Parties.
Article 21
Terms of office
First The judges shall be of high moral character and must
conditions required for appointment to high judicial office or be recognized
lawyers.
Second Judges sit on the Court in their individual capacity.
Third In his term of office judges shall not engage
activities incompatible with their independence, impartiality or with the demands
Permanent Bureau; all questions arising from the application of this paragraph
decided by the Court.
Article 22
Election of judges
First Judges are elected by the Parliamentary Assembly for each High
Contracting Party by a majority of votes cast from a list of three candidates submitted
High Contracting Party.
Second
Canceled Article 23
Term and appeal
First Judges are elected for a period of nine years. They can not be re-elected.
Second Term of office of judges shall expire when they reach the age of 70 years.
Third The judges hold office until they are replaced. After being
shall, however, continue to deal with such cases as they already have
judge.
Fourth A judge may be dismissed from office unless the other judges
thirds majority decide they no longer satisfy the conditions required
.
Article 24
Registry and rapporteurs
First The Court shall have a registry, the functions and organization establishes rules of procedure
Court.
Second If the Court sitting as a single judge, assisted by rapporteurs who
shall function under the supervision of the Court. They are part
Registrar of the Court.
Article 25
Plenary Court
Plenary Court
A) elect a three-year period, its President and one or two
Vice-President; they may be re-elected
B) set up Chambers for a fixed period,
C) elect the Presidents of the Chambers of the Court; they may be re-elected
D) adopt the rules of the Court;
E) elect the Registrar and one or more Deputy
office;
F) make any request under Article 26, paragraph 2
Article 26
Single-judge formation, committees, Chambers and Grand Chamber
First To consider cases brought before the Court shall sit as a single Judge,
in committees of three judges, in Chambers of seven judges
and in a Grand Chamber of seventeen judges.
Court's Chambers establish committees for a fixed period.
Second At the request of the plenary Court, the Committee of Ministers
unanimous decision and for a fixed period, reduce the number of judges of the Chambers of five.
Third A single judge shall not examine any application against the High
Party, for which he was elected.
Fourth Member of the Chamber and the Grand Chamber the judge elected in respect
High Contracting Party concerned. If that judge is not or is unable to sit
, sitting as a judge the person chosen by the President of the Court
list submitted in advance by that Party.
Fifth The Grand Chamber shall also include the President of the Court, Vice-Presidents
Chambers and other judges chosen in accordance with the rules of the Court.
When a case is referred to the Grand Chamber under Article 43, can not sit in it
no judge from the Chamber which rendered the judgment, except
President of the Chamber and the judge who sat in respect of the High Contracting Party
.
Article 27
Competence of single judges
First A single judge may declare inadmissible or strike out of the Court's list of cases
application submitted under Article 34 where such
decision can be taken without further examination.
Second This decision is final.
Third If the single judge does not declare an application inadmissible or her
nevyškrtne, forward it to the judge or the Chamber committee for further review
.
Article 28
Competence of committees
First A complaint filed under Article 34, the Committee may adopt:
A) declare it inadmissible or strike out of its list of cases if
such a decision can be taken without further examination; or
B) declare it acceptable and bring together
judgment on the merits, if she raised the issue
relating to the interpretation or application of the Convention or its protocols is already addressed
settled case law of the Court.
Second Decisions and judgments under paragraph 1 shall be final.
Third If the judge elected in respect of the High Contracting Party is not a member
Committee, the Committee, having regard to all relevant circumstances, including
whether the party contested the application of the procedure under paragraph 1.b., may at any stage
management invite this judge to place one of its members
.
Article 29
Chamber decision on admissibility and merits
First In the absence of any decision under Article 27 or 28, or no judgment rendered
under Article 28, a Chamber shall decide on the admissibility and merits of individual applications
submitted under Article 34.
decision on admissibility may be taken separately.
Second The Senate will decide on the admissibility and merits of inter-State complaints
submitted under Article 33. The decision on admissibility shall be taken
Separately unless the Court in exceptional circumstances decides otherwise.
Article 30
Renunciation of powers in favor of the Grand Chamber
If a case pending Senate raises a serious question affecting the interpretation
Convention or the protocols thereto, or should the Senate decision on the issue
him this could come into conflict with the judgment previously rendered
Court, the Chamber may, at any time before plotting
judgment, relinquish jurisdiction in favor of the Grand Chamber, unless it
neither party to the case objects.
Article 31
Powers of the Grand Chamber
The Grand Chamber
A) decides on complaints filed either under Article 33 or Article 34
when the Senate gave its powers under Article 30 or when
case has been referred under Article 43
B) decide on issues referred to the Court by the Committee of Ministers
in accordance with Article 46, paragraph 4; and
C) examine the complaints about the reports submitted pursuant to Article 47
Article 32
Jurisdiction
First The Court's jurisdiction extends to all matters concerning the interpretation and application
Convention and the protocols thereto which are submitted to the Court by
provisions of Articles 33, 34, 46 and 47.
Second Disputes about the jurisdiction of the Court, the Court will decide.
Article 33
Inter-State cases
Each High Contracting Party may refer to the Court any alleged breach
provisions of the Convention and the Protocols thereto by another High Contracting Party.
Article 34
Individual complaints
Court may receive applications from any person, non-governmental
organization or group of individuals claiming to be the victim of a
violation of the rights conferred by the Convention and the Protocols thereto
one of the High Contracting Parties. The High Contracting Parties undertake not to hinder in any way
effective exercise of this right.
Article 35
Acceptability Conditions
First The Court may only deal with the matter after exhausting all domestic remedies
according to the generally recognized rules of international law and
within six months from the date it was taken
final decision.
Second The Court shall not deal with any individual application submitted under Article 34
which is
) Is anonymous, or
B) is substantially the same as the complaint has already been examined by the Court
or has already been submitted to another international investigation or settlement
and contains no relevant new information.
Third The Court shall declare inadmissible any individual application
submitted under Article 34 if it considers that:
A) the complaint is incompatible with the provisions of the Convention or the Protocols
manifestly unfounded or abusive
right to file a complaint; or
B) the applicant has not suffered material injury, unless
human rights guaranteed in the Convention and its Protocols requires a review
merits, for which reason it can not be denied
no case that has not been properly assessed by the national court.
Fourth The court shall reject any application which it considers inadmissible under this Article
. May do so at any stage of the proceedings.
Article 36
Third party intervention
First High Contracting Party, one of whose nationals is an applicant has
in all cases before a Chamber or the Grand Chamber
right to submit written comments and participate in hearings.
Second President of the Court may, in the interest of the proper administration of justice, invite
each High Contracting Party is not a party to the proceedings or any person concerned
who is not the applicant to submit written observations
or take part in hearings.
Third In all cases submitted to the Chamber or the Grand Chamber of the Council of Europe Commissioner
Human Rights to submit a written opinion and participate in the public hearing
.
Article 37
Striking out applications
First The court may at any stage of the proceedings decide to strike
complaints from its list of cases where the circumstances lead to the conclusion that
A) the complainant in pursuing his complaint or
B) the matter has been resolved, or
C) for any other reason established by the Court
no longer justified to continue the examination of the application.
However, the Court shall continue the examination of the complaint, if required by
respect for human rights guaranteed by the Convention and the Protocols thereto.
Second The Court may decide to restore an application to its list of cases
if it considers that the circumstances justify such a course.
Heading left
Article 38
Examination of the case
Court shall discuss with the representatives of the parties, and
if necessary, undertake an investigation, for the effective implementation
provide the High Contracting Party all necessary means. "
Article 39
Amicable settlement
First At any stage of the proceedings, the Court may be assisted by the parties concerned with
order to reach an amicable settlement of the case on the basis of respect
human rights as defined in the Convention and its Protocols.
Second Proceedings conducted under paragraph 1 shall be confidential.
Third If a settlement is reached, the Court shall strike the case out of its list
decision which shall be confined to a brief statement of the facts and of the solution
.
Fourth This decision shall be transmitted to the Committee of Ministers, which oversees the fulfillment of the conditions
amicable settlement in the decision.
Article 40
Public hearings and access to documents
First The hearings are public unless the Court in exceptional circumstances
decides otherwise.
Second Documents deposited with the Registrar shall be accessible to the public
unless the President of the Court decides otherwise.
Article 41
Just satisfaction
If the Court finds that there has been a violation of the Convention or the Protocols thereto, and
if the internal law of the High Contracting Parties
allows only a partial remedy, the Court shall, if necessary, the injured party
just satisfaction.
Article 42
Chamber judgments
Chamber judgments become final in accordance with Article 44, paragraph
. second
Article 43
Referral to the Grand Chamber
First In the three-month period from the date of the judgment of the Chamber, the parties may request the case
in exceptional cases for referral to the Grand Chamber.
Second A panel of five judges of the Grand Chamber shall accept the request if the case
raises a serious question affecting the interpretation or application of the Convention or
protocols thereto, or a serious issue of general importance.
Third If the panel accepts the request, the Grand Chamber shall decide the case by means
judgment.
Article 44
Final judgments
First The judgment of the Grand Chamber shall be final.
Second Chamber judgment will become final
A) when the parties declare that they will not request a referral to the Grand Chamber
or
B) three months after the date of the judgment, if
been requested to transfer the case to the Grand Chamber, or
C) when the panel of the Grand Chamber rejects the request under Article
43rd
Third The final judgment shall be published.
Article 45
Grounds and decision
First Judgments and decisions on the acceptability or unacceptability of complaints
be justified.
Second If a judgment or its part does not represent the unanimous opinion
judges, any judge shall be entitled to deliver a separate opinion.
Article 46
Binding force and execution of judgments
First The High Contracting Parties undertake to abide by the final judgment of the Court
in all cases to which they are parties.
Second The final judgment shall be transmitted to the Committee of Ministers, which oversees
its performance.
Third If the Committee of Ministers considers that the supervision of the execution of the final judgment
hindered by a problem of interpretation of this judgment may be
turn to the courts to decide on this question of interpretation.
Decision to apply to the court must be received two-thirds majority of the representatives
entitled to sit on the Committee.
Fourth If the Committee of Ministers considers that a High Contracting Party refuses to abide
final judgment in a case which is
party may, after formal notice on this side
decision taken by two thirds majority of the representatives entitled to sit on the Committee
go to court on the question whether the party fulfills its obligations under paragraph 1.
Fifth If the Court finds a violation of paragraph 1 shall refer the case
Committee of Ministers to consider measures to be taken. If the Court finds no violation of paragraph
1, refer the case to the Committee of Ministers, which
terminates its supervision.
Article 47
Testimonials
First 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.
Second Such opinions shall not deal with issues that relate to the content
or scope of the rights or freedoms defined in Section I of the Convention and the protocols thereto
or other issues which the Court or the Committee of Ministers might have to consider
in due to any proceedings that may be instituted
in accordance with the Convention.
Third Decisions of the Committee of Ministers to request an advisory opinion, the Court shall require a majority vote
representatives entitled to sit on the Committee.
Article 48
Advisory jurisdiction of the Court
Court shall decide whether a request for an opinion submitted by the Committee of Ministers is within its
powers laid down in Article 47.
Article 49
Reason opinions
First In his opinion, the court reasoned decision.
Second If the advisory opinion does not represent in whole or in part the unanimous opinion
judges, any judge shall be entitled to his own opinion.
Third Advisory opinions of the Court shall be forwarded to the Committee of Ministers.
Article 50
Expenditure on the Court
Expenditure on the Court shall be borne by the Council of Europe.
Article 51
Privileges and immunities of judges
The judges enjoyed the exercise of their functions the privileges and immunities provided in
Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
TITLE III
MISCELLANEOUS PROVISIONS
Article 52
Request the Secretary-General
Each High Contracting Party shall provide, upon request of the Secretary General of the Council of Europe
requested clarification on how its national
law ensures the effective implementation of all the provisions of this Convention.
Article 53
Guaranteed protection of human rights
Nothing in this Convention shall be construed as limiting or derogating
human rights and fundamental freedoms, which can be recognized
laws of any High Contracting Party or any other Convention, to which it is party.
Article 54
Powers of the Committee of Ministers
Nothing in this Convention shall prevent the powers that the Committee of Ministers admitted
Statute of the Council of Europe.
Article 55
Exclusion of other means of dispute settlement
Subject to special arrangements The High Contracting Parties agree that
will not avail themselves of treaties, conventions or declarations which are among the
force to submit a dispute arising from the interpretation or application
this Convention other method of dispute than
provided in this Convention.
Čl.56 Territorial scope
First Any State may, upon ratification or at any time thereafter declare
Communication Secretary General of the Council of Europe that this Convention shall
under paragraph 4 of this Article shall apply to all or any of
territories for whose international relations it is responsible.
Second The Convention shall apply to one or more of the territories referred to in
communication from the thirtieth day after the receipt of this communication
Secretary General of the Council of Europe.
Third These territories, the provisions of this Convention shall
with regard to local needs.
Fourth Any State which makes a declaration under the first paragraph of this article
may at any time thereafter declare on behalf of one or more of the territories
which the declaration relates that it accepts the competence of the Court to receive applications from individuals
, NGOs organizations or groups of individuals
under the provisions of Article 34 of the Convention.
Heading left
Article 57
Reservations
First Any State may, when signing this Convention or depositing its instrument of ratification
make a reservation to any provisions of the Convention if the law
who at that time will apply on its territory is not in conformity with this provision
. Reservations of a general nature shall not under this article
allowed.
Second Any reservation made under this article shall contain a brief statement of the law
.
Article 58
Termination
First High Contracting Party may denounce this Convention after five
years from the date when it became a party to it and after six months from the submission
communication to the Secretary General, who shall inform
other High Contracting Parties.
Second Such denunciation shall not exempt the High Contracting Party obligations under this Convention
regarding any conduct which might constitute a violation of these obligations and
could be caused by the Contracting Party before the date on which
denunciation takes effect.
Third Any High Contracting Party which ceases to be a member of the Council of Europe
cease to be a party to this Convention under the same conditions.
Fourth The Convention may be terminated under the provisions of the preceding paragraphs
respect of any territory to which it has been extended (Article 56).
Article 59
Signature and ratification
First This Convention is open for signature by the members of the Council of Europe.
Will be ratified. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe
.
Second The European Union may accede to this Convention.
Third This Convention shall enter into force upon the deposit of ten instruments of ratification
documents.
Fourth For each State which has signed the Convention and that it will ratify
later, the Convention shall enter into force immediately after the deposit of the instrument of ratification
.
Fifth General secretive Council of Europe shall notify all members of the Council of Europe
entry into force of the Convention, the names of the High Contracting Parties which have ratified it
and each deposit, which occurs
later.
Article 60
Canceled Article 61 of the
Canceled Article 62
Canceled Article 63
Canceled Article 64
Canceled Article 65
Canceled Article 66
Canceled
Done in Rome on 4 November 1950, in English and French, while
both texts being equally authentic, in a single copy, which will be
deposited in the archives of the Council of Europe. Certified copies to the Secretary-General
all States that have signed the Convention.
Příl.1
Additional Protocol to the European Convention on Human Rights
Governments signatory members of the Council of Europe
Resolved to take steps to ensure the collective enforcement of the rights and freedoms
different from those that are already listed in Title I of the Convention on
Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950
( "the Convention")
Agreed as follows:
Article 1
Property Protection
Any natural or legal person is entitled to the peaceful enjoyment of his
property. No one can be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and general principles of international law
.
Previous provisions shall not accept laws that
deem 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.
Article 2
Right to education
No person shall be denied the right to education. In the exercise of any functions
in education and to teaching, the State shall exercise will
respect the right of parents to ensure such education and teaching in conformity with their
own religious and philosophical convictions.
Article 3
Right to free elections
High Contracting Parties undertake to hold at reasonable intervals
free elections by secret ballot, under conditions which will ensure the free expression of the opinion
people in the choice of the legislature.
Article 4
Territorial scope
Any High Contracting Party may, when signing or ratifying this
Protocol, or at any time thereafter communicate to the Secretary General of the Council of Europe
declaration stating the extent to which they will apply
provisions of this Protocol to the territories referred to in this statement, as
whose international relations it is responsible.
Any High Contracting Party which has communicated a declaration under the preceding paragraph
may from time to time communicate a further declaration modifying the terms
any former declaration or terminating the application of the provisions
this Protocol in respect of any territory.
Declaration made under this Article shall be deemed to have been made by
paragraph 1 of Article 56 of the Convention.
Article 5
Relationship to the Convention
High Contracting Parties shall consider Articles 1, 2, 3 and 4 of this
protocol as additional articles to the Convention and all the provisions of the Convention
will perform accordingly.
Article 6
Signature and ratification
This Protocol is open for signature by the members of the Council of Europe who have signed the Convention
; is subject to ratification simultaneously with the Convention or after the ratification.
Enter into force after the deposit of ten instruments of ratification.
For each State which has signed and will ratify it later
protocol enters into force immediately upon the deposit of instruments of ratification.
Instruments of ratification shall be deposited with the Secretary General of the Council of Europe, which
communicate to all members of the names of those who have ratified.
Done in Paris on 20 March 1952, in English and French,
Both texts being equally authentic, in a single copy, which
be deposited in the archives of the Council of Europe. His transmit certified copies
General Secretary of the Council of Europe to all signatories.
Příl.2
Canceled
Příl.3
Protocol no. 4 to the European Convention on Human Rights
certain rights and freedoms other than those already
listed in the Convention and in the first Protocol to the Convention
Signatory governments, members of the Council of Europe
Resolved to take steps to ensure the collective enforcement
certain rights and freedoms other than those already mentioned in Title I
European Convention on Human Rights, signed in Rome
November 4, 1950 (the "Convention") and Articles 1-3 first
Additional Protocol to the Convention, signed in Paris March 20, 1952,
Agreed as follows:
Article 1
Prohibition of imprisonment for debt
No one can be deprived of liberty only for inability to fulfill a contractual obligation
.
Article 2
Freedom of movement
First Anyone who is lawfully present in the territory of a State has
this territory the right to liberty of movement and freedom to choose his residence.
Second Everyone shall be free to leave any country, including his own.
Third No restrictions shall be placed on the exercise of these rights other than such
prescribed by law and are necessary in a democratic society in the interests
national security, public safety, public order,
crime, for the protection of health or morals, or
protection of the rights and freedoms of others.
Fourth The rights referred to in paragraph 1 may in certain areas
subject to limitations established by law and justified by the public interest in a democratic society
.
Article 3
Prohibition of expulsion of nationals
First No one will, individually or collectively expelled from the territory of the State
which he is a citizen.
Second No one will be deprived of the right to enter the country, whose national
citizen.
Article 4
Prohibition of collective expulsion of aliens
Collective expulsion of aliens is prohibited.
Article 5
Territorial scope
First Each High Contracting Party may, when signing or ratifying this
Protocol, or at any time thereafter communicate to the Secretary General of the Council of Europe
declaration stating the extent to which they will apply the provisions of this Protocol
territories referred to in this statement,
for whose international relations it is responsible.
Second Any High Contracting Party which has communicated a declaration under
preceding paragraph may from time to time communicate a further declaration
modifying the terms of any former declaration or terminating
application of the provisions of this Protocol in respect of any territory.
3.Prohlášení made under this Article shall be considered as made
under paragraph 1 of Article 56 of the Convention.
Fourth Territory of any State to which this Protocol applies
due to ratification or acceptance by that State, and each territory to which this Protocol is applied
regard to the declaration by that State under
this Article shall be considered for various territories in terms of links
territory, carried out in Articles 2 and 3
Fifth Any State which has made a declaration in accordance with paragraph 1 or 2
this article may at any time thereafter declare on behalf of one or more
territories to which the declaration relates that it accepts the competence of the Court
receive complaints from individuals, non-governmental organizations or groups of individuals
under the provisions of Article 34 of the Convention in relation to Articles 1-4 of this
Protocol or any of them.
Article 6
Relationship to the Convention
High Contracting Parties will consider articles 1-5 of this Protocol for
additional articles to the Convention and all the provisions of the Convention will meet in
accordingly.
Article 7
Signature and ratification
First This Protocol is open for signature by the members of the Council of Europe, which
signed the Convention; is subject to ratification simultaneously with the Convention or its
ratification. Will enter into force after the deposit of five instruments of ratification.
For each State which has signed it and that it will ratify
later, the Protocol will enter into force immediately after the ratification documents
.
Second Instruments of ratification shall be deposited with the Secretary General of the Council of Europe
which shall notify all members of the names of those who have ratified.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol
.
Done at Strasbourg, 16 September 1963 in French and English, while
both texts being equally authentic, in a single copy, which will be
deposited in the archives of the Council of Europe. His transmit certified copies
General Secretary of the Council of Europe all States that have signed the Convention.
Appendix 4
Protocol no. 6 to the European Convention on Human Rights
concerning the abolition of the death penalty
Member States of the Council of Europe, signatories to this Protocol to the Convention on
Protection of Human Rights and Fundamental Freedoms signed in Rome on 4
November 1950 ( "the Convention")
Considering that the developments which occurred in some Member States
Council of Europe expresses a general tendency in favor of abolition of the death
,
Agreed as follows:
Article 1
Prohibition of the death penalty
The death penalty is repealed. No one can be condemned to such penalty or executed
.
Article 2
Death penalty in time of war
The state may by law provide for the death penalty for acts committed in time of war
or imminent threat of war; This penalty shall be applied only in cases
in the law and in accordance with its provisions.
The State shall communicate to the Secretary General of the Council of Europe
relevant provisions of this Act.
Article 3
Zákaz resignation
The provisions of this Protocol shall be made in accordance with Article 15 of the Convention.
Article 4
Prohibition of Reservations
The provisions of this Protocol shall not be admissible, no reservation
according to Article 57 of the Convention.
Article 5
Territorial scope
First Any State may, upon signature or deposit of instruments of ratification
acceptance or approval, specify the territory or territories to which
this Protocol shall apply.
Second Any State may at any later date by declaration addressed to the Secretary-General
extend the application of this Protocol on
any other territory specified in the declaration. The Protocol will enter
in respect of such territory on the first day of the month following that
receipt of such declaration by the Secretary General.
Third Any declaration made under the two preceding paragraphs
will be withdrawn in respect of any territory specified in the declaration
notification addressed to the Secretary General.
Withdrawal shall take effect on the first day of the month following the receipt of such notification by the Secretary General
.
Article 6
Relationship to the Convention
Member States consider articles 1-5 of this protocol as additional
articles to the Convention and all the provisions of the Convention shall be implemented in accordance with it.
Article 7
Signature and ratification
This Protocol is open for signature by the members of the Council of Europe who have signed the Convention
. Is subject to ratification, acceptance or approval. Council Member
Europe may not ratify, accept or approve this Protocol
without previously or simultaneously ratifying the Convention.
Instrument of ratification or acceptance or approval shall be deposited with the Secretary General of the Council of Europe
.
Article 8
Entry into force
First This Protocol shall enter into force on the first day of the month following
after the date on which five member states of the Council of Europe have expressed their consent to be bound by the Protocol
in accordance with the provisions of Article 7.
Second For each Member State which subsequently expresses its consent to be bound by the Protocol
, this Protocol enters into force on the first day of the month
following the date of deposit of its instrument of ratification of
acceptance or approval.
Article 9
Duties of the depository
The Secretary General of the Council of Europe shall notify the member States of the Council:
A) each signature;
B) the deposit of any instrument of ratification, acceptance or approval
;
C) the date of entry into force of this Protocol in accordance with articles 5 and 8;
D) any other act, notification or communication relating to this Protocol
.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol
.
Done in Strasbourg, April 28, 1983 in French and English, while
both texts being equally authentic, in a single copy, which will be
deposited in the archives of the Council of Europe to all Member States of the Council of Europe.
Annex 5
Protocol no. 7 to the European Convention on Human Rights
Member States of the Council of Europe which have signed the protocol,
Resolved to take further measures to ensure the collective enforcement
certain rights and freedoms by means of the Convention for the Protection of Human Rights and Fundamental Freedoms
signed in Rome on 4 November 1950 ( "the Convention")
Agreed as follows:
Article 1
Procedural safeguards relating to expulsion of aliens
First An alien who is lawfully resident in the territory of a State may be expelled only
based on the performance of a decision taken in accordance with
law and must be able to:
A) to submit reasons against his expulsion;
B) have his case reviewed;
C) to be represented for this purpose before competent authority or before
person or persons designated by that authority.
Second An alien may be expelled before the exercise of the rights referred to in paragraph 1
a), b) and c) of this Article, when such expulsion is necessary in the interests
public order or is grounded on reasons of national security.
Article 2
Right of appeal in criminal matters
First Anyone who sees the court convicted of a criminal offense has the right to give
review the finding of guilt or punishment by a higher court.
The exercise of this right, including the grounds on which it may be enforced by law.
Second For this right may be exceptions in the case of less serious offenses
which qualifies as such a law, or if the person concerned has been
tried in the first instance by the highest court or
was found guilty and sentenced on appeal against acquittal
judgment.
Article 3
Compensation for unlawful conviction
If a final judgment in a criminal case canceled later, or if it is granted
grace, as a new or newly discovered fact shows conclusively that there has been a miscarriage of justice
, the person on whom the punishment was executed under this
judgment compensated according to law or practice in force in the State
if it proves that the disclosure of the unknown fact
avoid completely or partly attributable to him.
Article 4
The right not to be tried or punished twice
First No one can be tried or punished again in criminal proceedings
under the jurisdiction of the same State for an offense for which he has already been
acquitted or convicted by a final judgment under the law and penal procedure of that State
.
Second The provisions of the preceding paragraph shall not prevent the reopening of the case
under the law and penal procedure of the State where
new or newly discovered facts or a fundamental defect in the previous proceedings, which could affect
decision in the matter.
Third Since this Article shall be made under Article 15 of the Convention.
Article 5
Equality between spouses
When marriage for its duration and divorce
spouses have equal rights and obligations of civil nature between themselves and in their relations
to their children. This article shall not prevent States from taking measures that are necessary in order
children.
Article 6
Territorial scope
First Any State may, upon signature or deposit of instruments of ratification
acceptance or approval, specify one or more of the territory on which
this Protocol shall apply, specifying the extent to which the
undertakes to fulfill the provisions of the Protocol on this or these territories.
Second Any State may at any later date by declaration addressed to the Secretary-General
extend the application of this Protocol on
any other territory specified in the declaration. The Protocol will enter
in respect of such territory on the first day of the month following the expiration
period of two months from the date on which the Secretary-General received
statement.
Third Any declaration made under the two preceding paragraphs may
revoked or in respect of any territory specified in the declaration
notification addressed to the Secretary General.
Revocation or amendment becomes effective on the first day of the month following the expiration
period of two months from the date the Secretary-General has received the notification.
Fourth A declaration made under this Article shall be considered as made
under paragraph 1 of Article 56 of the Convention.
Fifth Territory of any State to which this Protocol applies by virtue
ratification, acceptance or approval by that State, and each territory to
covered by the protocol with respect to the statement by the State under this article did
They may be considered different area as regards
Reference to the territory made in Article 1.
6th Any State which has made a declaration in accordance with paragraph 1 or 2
this article may at any time thereafter declare on behalf of one or more
territories to which the declaration relates that it accepts the competence of the Court
receive complaints from individuals, non-governmental organizations or groups of individuals
under the provisions of Article 34 of the Convention in relation to Articles 1-5 of this
Protocol or any of them.
Article 7
Relationship to the Convention
Member States consider articles 1-6 of this protocol as additional articles to the Convention
and all other provisions of the Convention shall be implemented in accordance with
.
Article 8
Signature and ratification
This Protocol is open for signature by member States of the Council of Europe which have signed the Convention
. Is subject to ratification, acceptance or approval.
Member state of the Council of Europe may not ratify, accept or approve this
Protocol without previously or simultaneously ratifying the Convention.
Ratification instrument, acceptance or approval shall be deposited with the General Secretariat of the Council of Europe
.
Article 9
Entry into force
First This Protocol shall enter into force on the first day of the month following
after a period of two months from the date on which seven member states of the Council of Europe
expressed their consent to be bound by the Protocol under the provisions of Article 8.
Second For each Member State which subsequently expresses its consent to be bound by the Protocol
, this Protocol enters into force on the first day of the month
following the expiry of the period of two months from the date of deposit
instrument of ratification, acceptance or approval.
Article 10
Duties of the depository
The Secretary General of the Council of Europe shall notify the member States of the Council:
A) each signature;
B) the deposit of any instrument of ratification, acceptance or approval
;
C) the date of entry into force of this Protocol in accordance with Articles 6 and 9;
D) any other act, notification or declaration relating to this Protocol
.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Protocol
.
Done at Strasbourg, 22 November 1984 in French and English,
both texts being equally authentic, in a single copy, which
be deposited in the archives of the Council of Europe. His transmit certified copies
General Secretary of the Council of Europe to all Member States of the Council of Europe.
