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European Treaty Series - No.
5
Convention for the Protection
of Human Rights
and
Fundamental Freedoms,
as amended by
Protocols No. 11 and 14
Rome, .1950
Text amended by the provisions of
Protocol No. 14 (CETS No. 194) as from the date of
its entry into force on 1 June 2010.
The text of the Convention had been
previously amended according to the provisions of
Protocol No. 3 (ETS No. 45), which
entered into force on 21 September
1970, of Protocol No. 5 (ETS No. 55), which
entered into force on 20 December 1971 and
of Protocol No. 8 (ETS No. 118), which
entered into force on 1 January 1990, and
comprised also the text of Protocol No. 2
(ETS No. 44) which, in accordance with
Article 5, paragraph 3 thereof, had been an
integral part of the Convention since its
entry into force on 21 September 1970.
All provisions which had been amended or added by
these Protocols were replaced
by
Protocol No. 11 (ETS No. 155), as from the date of
its entry into force on 1 November 1998. As from
that date, Protocol
No. 9 (ETS No.
140), which entered into force on 1 October 1994,
was repealed and Protocol No. 10 (ETS no. 146) had
lost its
purpose.
The governments
signatory hereto, being 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 the achievement of
greater unity between
its members and
that one of the methods by which that aim is to be
pursued is the maintenance
and further
realisation 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,
Have agreed as follows:
Article 1
–
Obligation to respect
human rights
The High
Contracting Parties shall secure to everyone
within their jurisdiction the rights and
freedoms defined in Section I of this
Convention.
Section I
–
Rights and
freedoms
1
Article 2
–
Right to life
Everyone's
right
to
life
shall
be
protected
by
law.
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
b
c
2
in defence of any person
from unlawful violence;
in order to
effect a lawful arrest or to prevent the escape of
a person lawfully detained;
in action
lawfully taken for the purpose of quelling a riot
or insurrection.
1
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 labour
No one shall
be held in slavery or servitude.
2
2
3
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;
any service of a
military character or, in case of conscientious
objectors in countries where
they are
recognised, service exacted instead of compulsory
military service;
any service exacted
in case of an emergency or calamity threatening
the life or well-being
of the
community;
any work or service which
forms part of normal civic obligations.
b
c
d
1
Article 5
–
Right
to liberty and security
Everyone has the right to liberty and
security of person. No one shall be deprived of
his liberty
save in the following cases
and in accordance with a procedure prescribed by
law:
a
b
the lawful detention of a person after
conviction by a competent court;
the
lawful arrest or detention of a person for non-
compliance with the lawful order of a
court or in order to secure the
fulfilment of any obligation prescribed by law;
the lawful arrest or detention of a
person effected for the purpose of bringing him
before
the competent legal authority on
reasonable suspicion of having committed an
offence or
when it is reasonably
considered necessary to prevent his committing an
offence or fleeing
after having done
so;
the detention of a minor by lawful
order for the purpose of educational supervision
or his
lawful detention for the purpose
of bringing him before the competent legal
authority;
the lawful detention of
persons for the prevention of the spreading of
infectious diseases,
of persons of
unsound mind, alcoholics or drug addicts or
vagrants;
the lawful arrest or
detention of a person to prevent his effecting an
unauthorised entry
into
the
country
or
of
a
person
against
whom
action
is
being
taken
with
a
view
to
deportation or extradition.
c
d
e
f
2
Everyone who is
arrested shall be informed promptly, in a language
which he understands, of
the reasons
for his arrest and of any 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 authorised 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.
3
4
3
5
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
–
Right
to a fair trial
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. Judgment shall be pronounced
publicly but the press
and public may
be excluded from all or part of the trial in the
interests 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 to 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
1
2
3
to
be informed promptly, in a language which he
understands and in detail, of the nature
and cause of the accusation against
him;
to have adequate time and
facilities for the preparation of his defence;
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;
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;
to
have the free assistance of an interpreter if he
cannot understand or speak the language
used in court.
b
c
d
e
1
Article 7
–
No punishment without
law
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
to the general principles of
law
recognised by civilised nations.
Article 8
–
Right
to respect for private and family life
Everyone
has
the
right
to
respect
for
his
private
and
family
life,
his
home
and
his
correspondence.
2
1
4
2
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.
Article 9
–
Freedom of thought,
conscience and religion
Everyone
has
the
right
to
freedom
of
thought,
conscience
and
religion;
this
right
includes
freedom to change his religion or
belief and freedom, either alone or in community
with others
and in public or private,
to manifest his religion or belief, in worship,
teaching,
practice
and
observance.
Freedom
to
manifest
one's
religion
or
beliefs
shall
be
subject
only
to
such
limitations
as
are
prescribed
by law and are necessary in a democratic society
in the interests of public safety, for
the protection of public order, health
or morals, or for the protection of the rights and
freedoms
of others.
Article
10
–
Freedom of
expression
Everyone
has
the
right
to
freedom
of
expression.
This
right
shall
include
freedom
to
hold
opinions
and
to
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 enterprises.
The exercise of these freedoms, since
it carries with it duties and responsibilities,
may be subject
to
such
formalities,
conditions,
restrictions
or
penalties
as
are
prescribed
by
law
and
are
necessary
in
a
democratic
society,
in
the
interests
of
national
security,
territorial
integrity
or
public safety, for the
prevention of disorder or crime, for the
protection of health or morals, for
the
protection of the reputation or rights of others,
for preventing the disclosure of information
received in confidence, or for
maintaining the authority and impartiality of the
judiciary.
Article 11
–
Freedom of assembly and
association
Everyone
has
the
right
to
freedom
of
peaceful
assembly
and
to
freedom
of
association
with
others, including the
right to form and to join trade unions for the
protection of his interests.
No
restrictions shall be placed on the exercise of
these rights other than such as are prescribed
by law and are necessary in a
democratic society in the interests of national
security or public
safety, 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. This article shall not prevent the
imposition of
lawful restrictions on
the exercise of these rights by members of the
armed forces, of the police
or of the
administration of the State.
Article 12
–
Right to marry
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.
1
2
1
2
1
2
5
Article 13
–
Right to an effective
remedy
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.
Article
14
–
Prohibition of
discrimination
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
–
Derogation in time of
emergency
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.
Article 16
–
Restrictions on political activity of
aliens
Nothing in Articles
10, 11 and 14 shall be regarded as preventing the
High Contracting Parties
from imposing
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 any act aimed at the
destruction of any of the rights
and
freedoms set forth herein or at their limitation
to a greater extent than is provided for in the
Convention.
Article 18
–
Limitation on use of
restrictions on rights
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.
1
2
3
6
Section II
–
European Court
of Human Rights
Article 19
–
Establishment of the Court
To ensure the observance of the
engagements undertaken by the High Contracting
Parties in
the Convention and the
Protocols thereto, there shall be set up a
European Court of
Human
Rights, hereinafter referred to as
Article 20
–
Number of judges
The Court
shall consist of a number of judges equal to that
of the High Contracting Parties.
Article 21
–
Criteria for office
The judges shall be
of high moral character and must either possess
the qualifications required
for
appointment to high judicial office or be
jurisconsults of recognised competence.
The judges shall sit on the Court in
their individual capacity.
During their
term of office the judges shall not engage in
any
activity
which
is
incompatible
with their
independence
,
impartiality
or with the demands of a full-time office; all
questions
arising from the application
of this paragraph shall be decided by the Court.
Article 22
–
Election of judges
1
The
judges
shall
be
elected
by
the
Parliamentary
Assembly
with
respect
to
each
High
Contracting Party by a
majority of votes cast from a list of three
candidates nominated by the
High
Contracting Party.
Article 23
–
Terms of office and
dismissal
2
The
judges shall be elected for a period of nine
years. They may not be re-elected.
The terms of office of judges shall
expire when they reach the age of 70.
The judges shall hold office until
replaced. They shall,
however,
continue
to
deal
with
such
cases
as they already have under consideration.
No judge may be dismissed from office
unless the other judges decide by a majority of
two-
thirds that that judge has ceased
to fulfil the required conditions.
Article 24
–
Registry and rapporteurs
2
The Court shall have a registry, the
functions and organisation of which shall be laid
down in
the rules of the Court.
1
2
3
1
2
3
4
1
1
Text amended according to the
provisions of Protocol No. 14 (CETS No. 194).
2
Article
renumbered,
heading
and
text
amended
according
to
the
provisions
of
Protocol No. 14
(CETS No.
194).
7
2
When sitting in
a single-judge formation, the Court shall be
assisted by rapporteurs who shall
function unde
r the authority
of the President of the Court. They shall form
part of the Court’s
registry.
Article 25
–
Plenary Court
1
The plenary Court shall
a
elect its President and one or two
Vice-Presidents for a period of three years; they
may be
re-elected;
set up
Chambers, constituted for a fixed period of time;
elect the Presidents of the Chambers of
the Court; they may be re-elected;
adopt the rules of the Court;
elect the Registrar and one or more
Deputy Registrars;
make any request
under Article 26, paragraph 2.
b
c
d
e
f
1
Article 26
–
Single-judge formation,
committees, Chambers and Grand Chamber
1
To
consider
cases
brought
before
it,
the
Court
shall
sit
in
a
single-judge
formation,
in
committees of three judges, in Chambers
of seven judges and in a Grand Chamber of
seventeen
judges. The Court’s Chambers
shall set up committees for a fixed period of
time.
At the request of the
plenary Court, the Committee of Ministers may, by
a unanimous decision
and for a fixed
period, reduce to five the number of judges of the
Chambers.
When
sitting
as
a
single
judge,
a
judge
shall
not
examine
any
application
against
the
High
Contracting Party in respect of which
that judge has been elected.
There
shall
sit
as
an
ex
officio
member
of
the
Chamber
and
the
Grand
Chamber
the
judge
elected in respect of the High
Contracting Party concerned. If there is none or
if that judge is
unable to sit, a
person chosen by the President of the Court from a
list submitted in advance by
that Party
shall sit in the capacity of judge.
The
Grand
Chamber
shall
also
include
the
President
of
the
Court,
the
Vice-
Presidents,
the
Presidents
of the 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, no judge from the
Chamber
which
rendered
the
judgment
shall
sit
in
the
Grand
Chamber,
with
the
exception
of
the
President
of
the
Chamber
and
the
judge
who
sat
in
respect
of
the
High
Contracting
Party
concerned.
2
3
4
5
1
Article
renumbered,
heading
and
text
amended
according
to
the
provisions
of
Protocol No. 14
(CETS No.
194).
8
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