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Original text
(State 15 August 2006)
The member states of the Council of Europe, signatories to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms 2 , signed in Rome on 4 November 1950 (hereinafter referred to as "the Convention"),
Considering the urgent need to restructure the control mechanism established by the Convention in order to maintain and enhance the effectiveness of the protection of human rights and fundamental freedoms provided for by the Convention, Mainly due to the increase in requests and the increasing number of Council of Europe members,
Considering that it is therefore appropriate to amend certain provisions of the Convention with a view, in particular, to replace the existing Commission and the European Court of Human Rights with a new Permanent Court,
In view of Resolution No. O 1 adopted at the European Ministerial Conference on Human Rights, held in Vienna on 19 and 20 March 1985,
In view of Recommendation 1194 (1992), adopted by the Parliamentary Assembly of the Council of Europe on 6 October 1992,
In view of the decision on the reform of the control mechanism of the Convention by the Heads of State and Government of the member states of the Council of Europe in the Vienna Declaration of 9 October 1993,
Have agreed as follows:
The text of Titles II to IV of the Convention 1 (art. 19-56) and Protocol No. O 2 conferring on the European Court of Human Rights the competence to give advisory opinions 2 Are replaced by the following Title II of the Convention (Art. 19-51):
Part II
...
Art. 19-51
...
1. Title V of the Convention becomes Title III of the Convention; Art. 57 of the Convention becomes art. 52 of the Convention; art. 58 and 59 of the Convention are deleted, and art. 60 to 66 of the Convention become respectively the art. 53-59 of the Convention.
2. Title I of the Convention is entitled "Rights and freedoms" and the new Title III "Miscellaneous provisions". The headings set out in the Annex to this Protocol have been assigned to Art. 1 to 18 and new art. 52-59 of the Convention.
3. In the new art. 56, para. 1, insert the words " , subject to subs. 4 of this Article, " After the word " Will apply "; at para. 4, the words " Commission " And " Pursuant to s. 25 of this Convention " Are replaced by the words " Court " And " , as provided for in s. 34 of the Convention ". In the new art. 58, para. 4, the words " Art. 63 " Are replaced by the words " Art. 56 ".
4. The Additional Protocol 1 The Convention shall be amended as follows:
5. Protocol No. O 4 2 Is amended as follows:
6. Protocol No. O 6 3 Is amended as follows:
7. Protocol No. O 7 4 Is amended as follows:
8. Protocol No. O 9 5 Is repealed.
1. This Protocol shall be open for signature by the member States of the Council of Europe which are signatories to the Convention, who may express their consent to be bound by
2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
This Protocol shall enter into force on the first day of the month following the expiration of a period of one year after the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol in accordance with Provisions of s. 3. The election of the new judges may be made, and any other measures necessary for the establishment of the new Court may be taken, in accordance with the provisions of this Protocol, from the date on which all Parties to the The Convention will have expressed their consent to be bound by the Protocol.
1. Without prejudice to the provisions of s. 3 and 4 below, the terms of office of the judges, members of the Commission, the Registrar and the Deputy Registrar shall expire on the date of entry into force of this Protocol.
(2) Applications pending before the Commission which have not yet been declared admissible on the date of entry into force of this Protocol shall be examined by the Court in accordance with the provisions of this Protocol.
3. Applications declared admissible on the date of entry into force of this Protocol shall continue to be dealt with by the members of the Commission within one year. All cases not completed during this period shall be transmitted to the Court, which shall examine them, as admissible applications, in accordance with the provisions of this Protocol.
4. For requests for which the Commission, after the entry into force of this Protocol, has adopted a report in accordance with the former Art. 31 of the Convention, the report shall be transmitted to the parties who are not entitled to publish it. In accordance with the provisions applicable before the entry into force of this Protocol, a case may be referred to the Court. The College of the Grand Chamber shall determine whether one of the Chambers or the Grand Chamber shall rule on the case. If a Chamber decides on the case, its decision is final. Cases not referred to the Court shall be examined by the Committee of Ministers acting in accordance with the provisions of the former Art. 32 of the Convention 1 .
5. Cases pending before the Court whose examination has not yet been completed on the date of entry into force of this Protocol shall be transmitted to the Grand Chamber of the Court, which shall decide on the matter in accordance with the provisions of that Protocol.
6. Cases pending before the Committee of Ministers, the examination of which under the old art. 32 is not yet completed on the date of entry into force of this Protocol shall be settled by the Committee of Ministers acting in accordance with this Article.
1 RO 1974 2151
Where a High Contracting Party has recognized the jurisdiction of the Commission or the court of the Court by the declaration provided for in the former Art. 25 or former art. 46 of the Convention 1 , only for subsequent cases, or based on subsequent facts, to that declaration, that restriction shall continue to apply to the jurisdiction of the Court under this Protocol.
1 RO 1974 2151
The Secretary General of the Council of Europe shall notify the member states of the Council
In witness whereof , the undersigned, duly authorized to that effect, have signed this Protocol.
Done at Strasbourg, on 11 May 1994, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe.
(Suivent signatures)
Art. 1 |
Obligation to respect human rights |
Art. 2 |
Right to life |
Art. 3 |
Prohibition of torture |
Art. 4 |
Prohibition of slavery and forced labour |
Art. 5 |
Right to liberty and security |
Art. 6 |
Right to a fair trial |
Art. 7 |
No punishment without law |
Art. 8 |
Right to respect for private and family life |
Art. |
Freedom of thought, conscience and religion |
Art. 10 |
Freedom of expression |
Art. 11 |
Freedom of assembly and association |
Art. 12 |
Right to marriage |
Art. 13 |
Right to an effective remedy |
Art. 14 |
Prohibition of discrimination |
Art. 15 |
Derogation in case of state of emergency |
Art. 16 |
Restrictions on the political activity of foreigners |
Art. 17 |
Prohibition of abuse of rights |
Art. 18 |
Limiting the Use of Rights Restrictions |
[...] |
|
Art. |
Investigations by the Secretary General |
Art. |
Protection of recognized human rights |
Art. |
Powers of the Committee of Ministers |
Art. |
Waiver of Alternative Dispute Resolution |
Art. 56 |
Territorial Application |
Art. 57 |
Reservations |
Art. |
Denunciation |
Art. |
Signature and ratification |
Additional Protocol
Art. 1 |
Property Protection |
Art. 2 |
Right to education |
Art. 3 |
Right to free elections |
Art. 4 |
Territorial Application |
Art. 5 |
Relations with the Convention |
Art. 6 |
Signature and ratification |
Protocol n O 4
Art. 1 |
Prohibition of imprisonment for debt |
Art. 2 |
Freedom of movement |
Art. 3 |
Prohibition of expulsion of nationals |
Art. 4 |
Prohibition of collective expulsion of aliens |
Art. 5 |
Territorial Application |
Art. 6 |
Relations with the Convention |
Art. 7 |
Signature and ratification |
Protocol n O 6
Art. 1 |
Abolition of the death penalty |
Art. 2 |
Death penalty in wartime |
Art. 3 |
Prohibition of derogations |
Art. 4 |
Prohibition of reservations |
Art. 5 |
Territorial Application |
Art. 6 |
Relations with the Convention |
Art. 7 |
Signature and ratification |
Art. 8 |
Entry into force |
Art. |
Depositary functions |
Protocol n O 7
Art. 1 |
Procedural safeguards in case of expulsion of aliens |
Art. 2 |
Right to a double degree of jurisdiction in criminal matters |
Art. 3 |
Right of compensation in case of judicial error |
Art. 4 |
The right not to be tried or punished twice |
Art. 5 |
Equality between spouses |
Art. 6 |
Territorial Application |
Art. 7 |
Relations with the Convention |
Art. 8 |
Signature and ratification |
Art. |
Entry into force |
Art. 10 |
Depositary functions |
States Parties |
Ratification |
Entry into force |
||
Albania |
2 October |
1996 |
1 Er November |
1998 |
Germany |
2 October |
1995 |
1 Er November |
1998 |
Andorra |
22 January |
1996 |
1 Er November |
1998 |
Armenia |
April 26 |
2002 |
April 26 |
2002 |
Austria |
August 3 |
1995 |
1 Er November |
1998 |
Azerbaijan |
15 April |
2002 |
15 April |
2002 |
Belgium |
10 January |
1997 |
1 Er November |
1998 |
Bosnia and Herzegovina |
July 12 |
2002 |
July 12 |
2002 |
Bulgaria |
3 November |
1994 |
1 Er November |
1998 |
Cyprus |
28 June |
1995 |
1 Er November |
1998 |
Croatia |
5 November |
1997 |
1 Er November |
1998 |
Denmark |
18 July |
1996 |
1 Er November |
1998 |
Spain |
16 December |
1996 |
1 Er November |
1998 |
Estonia |
April 16 |
1996 |
1 Er November |
1998 |
Finland |
12 January |
1996 |
1 Er November |
1998 |
France |
3 April |
1996 |
1 Er November |
1998 |
Georgia |
20 May |
1999 |
20 May |
1999 |
Greece |
9 January |
1997 |
1 Er November |
1998 |
Hungary |
April 26 |
1995 |
1 Er November |
1998 |
Ireland |
16 December |
1996 |
1 Er November |
1998 |
Iceland |
29 June |
1995 |
1 Er November |
1998 |
Italy |
1 Er October |
1997 |
1 Er November |
1998 |
Latvia |
27 June |
1997 |
1 Er November |
1998 |
Liechtenstein |
14 November |
1995 |
1 Er November |
1998 |
Lithuania |
20 June |
1995 |
1 Er November |
1998 |
Luxembourg |
10 September |
1996 |
1 Er November |
1998 |
Macedonia |
10 April |
1997 |
1 Er November |
1998 |
Malta |
11 May |
1995 |
1 Er November |
1998 |
Moldova |
12 September |
1997 |
1 Er November |
1998 |
Monaco |
30 November |
2005 |
30 November |
2005 |
Norway |
24 July |
1995 |
1 Er November |
1998 |
Netherlands |
21 January |
1997 |
1 Er November |
1998 |
Netherlands Antilles |
21 January |
1997 |
1 Er November |
1998 |
Aruba |
21 January |
1997 |
1 Er November |
1998 |
Poland |
20 May |
1997 |
1 Er November |
1998 |
Portugal |
14 May |
1997 |
1 Er November |
1998 |
Czech Republic |
28 April |
1995 |
1 Er November |
1998 |
Romania |
August 11 |
1995 |
1 Er November |
1998 |
United Kingdom |
9 December |
1994 |
1 Er November |
1998 |
Guernsey |
9 December |
1994 |
1 Er November |
1998 |
Isle of Man |
9 December |
1994 |
1 Er November |
1998 |
Jersey |
9 December |
1994 |
1 Er November |
1998 |
Russia |
5 May |
1998 |
1 Er November |
1998 |
San Marino |
5 December |
1996 |
1 Er November |
1998 |
Serbia |
3 March |
2004 |
3 March |
2004 |
Slovakia |
28 September |
1994 |
1 Er November |
1998 |
Slovenia |
28 June |
1994 |
1 Er November |
1998 |
Sweden |
April 21 |
1995 |
1 Er November |
1998 |
Switzerland |
July 13 |
1995 |
1 Er November |
1998 |
Turkey |
July 11 |
1997 |
1 Er November |
1998 |
Ukraine |
11 September |
1997 |
1 Er November |
1998 |
1 The titles of the new art. 19 to 51 of the Convention are already included in this Protocol.
2 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/f/home/foreign/intagr/dabase.html).