Convention for the Protection of Human Rights and Fundamental Freedoms

The text of the Convention had been 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 are 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 As from that date, Protocol No. 9 (ETS No. 140), which entered into force on 1 October 1994, is repealed. Registry of the European Court of Human Rights September 2003 accordance with Article 5, paragraph 3

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Convention for the Protection 

of Human Rights and 

Fundamental Freedoms 

Rome, 4.XI.1950 

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 ñ 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. 

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SECTION I ñ RIGHTS AND FREEDOMS 

Article 2 ñ Right to life 

1 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. 

2 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 the escape of a person 

lawfully detained; 

c in action lawfully taken for the purpose of quelling a riot or 

insurrection. 

Article 3 ñ Prohibition of torture 

No one shall be subjected to torture or to inhuman or degrading 

treatment or punishment. 

Article 4 ñ Prohibition of slavery and forced labour 

1 No one shall be held in slavery or servitude. 

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

3 For the purpose of this article the term ìforced or compulsory labourî 

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 recognised, service exacted 

instead of compulsory military service; 

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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. 

Article 5 ñ Right to liberty and security 

1 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 the lawful detention of a person after conviction by a competent 

court; 

b 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; 

c 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; 

d 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; 

e 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; 

f 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. 

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. 

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3 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. 

4 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. 

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 ñ Right to a fair trial 

1 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. 

2 Everyone charged with a criminal offence shall be presumed innocent 

until proved guilty according to law. 

3 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 facilities for the preparation of his 

defence; 

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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 ñ No punishment without law 

1 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. 

2 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 ñ Right to respect for private and family life 

1 Everyone has the right to respect for his private and family life, his home 

and his correspondence. 

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 ñ Freedom of thought, conscience and religion 

1 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. 

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2 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 ñ Freedom of expression 

1 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. 

2 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 ñ Freedom of assembly and association 

1 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. 

2 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. 

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Article 12 ñ 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. 

Article 13 ñ 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 ñ 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 ñ Derogation in time of emergency 

1 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. 

2 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. 

3 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. 

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Article 16 ñ 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 ñ 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 ñ 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. 

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SECTION II ñ EUROPEAN COURT OF HUMAN RIGHTS 

Article 19 ñ 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 ´the Courtª. It shall function on a permanent basis. 

Article 20 ñ Number of judges 

The Court shall consist of a number of judges equal to that of the High 

Contracting Parties. 

Article 21 ñ Criteria for office 

1 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. 

2 The judges shall sit on the Court in their individual capacity. 

3 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 ñ 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. 

2 The same procedure shall be followed to complete the Court in the 

event of the accession of new High Contracting Parties and in filling 

casual vacancies. 

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Article 23 ñ Terms of office 

1 The judges shall be elected for a period of six years. They may be re- 

elected. However, the terms of office of one-half of the judges elected at 

the first election shall expire at the end of three years. 

2 The judges whose terms of office are to expire at the end of the initial 

period of three years shall be chosen by lot by the Secretary General of 

the Council of Europe immediately after their election. 

3 In order to ensure that, as far as possible, the terms of office of one-half 

of the judges are renewed every three years, the Parliamentary 

Assembly may decide, before proceeding to any subsequent election, 

that the term or terms of office of one or more judges to be elected shall 

be for a period other than six years but not more than nine and not less 

than three years. 

4 In cases where more than one term of office is involved and where the 

Parliamentary Assembly applies the preceding paragraph, the allocation 

of the terms of office shall be effected by a drawing of lots by the 

Secretary General of the Council of Europe immediately after the 

election. 

5 A judge elected to replace a judge whose term of office has not expired 

shall hold office for the remainder of his predecessor's term. 

6 The terms of office of judges shall expire when they reach the age of 70. 

7 The judges shall hold office until replaced. They shall, however, 

continue to deal with such cases as they already have under 

consideration. 

Article 24 ñ Dismissal 

No judge may be dismissed from his office unless the other judges 

decide by a majority of two-thirds that he has ceased to fulfil the 

required conditions. 

Article 25 ñ Registry and legal secretaries 

The Court shall have a registry, the functions and organisation of which 

shall be laid down in the rules of the Court. The Court shall be assisted 

by legal secretaries. 

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Article 26 ñ Plenary Court 

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; 

b set up Chambers, constituted for a fixed period of time; 

c elect the Presidents of the Chambers of the Court; they may be 

re-elected; 

d adopt the rules of the Court, and 

e elect the Registrar and one or more Deputy Registrars. 

Article 27 ñ Committees, Chambers and Grand Chamber 

1 To consider cases brought before it, the Court shall sit 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. 

2 There shall sit as an ex officio member of the Chamber and the Grand 

Chamber the judge elected in respect of the State Party concerned or, if 

there is none or if he is unable to sit, a person of its choice who shall sit 

in the capacity of judge. 

3 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 State Party concerned. 

Article 28 ñ Declarations of inadmissibility by committees 

A committee may, by a unanimous vote, declare inadmissible or strike 

out of its list of cases an application submitted under Article 34 where 

such a decision can be taken without further examination. The decision 

shall be final. 

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Article 29 ñ Decisions by Chambers on admissibility and merits 

1 If no decision is taken under Article 28, a Chamber shall decide on the 

admissibility and merits of individual applications submitted under 

Article 34. 

2 A Chamber shall decide on the admissibility and merits of inter-State 

applications submitted under Article 33. 

3 The decision on admissibility shall be taken separately unless the Court, 

in exceptional cases, decides otherwise. 

Article 30 ñ Relinquishment of jurisdiction to the Grand Chamber 

Where a case pending before a Chamber raises a serious question 

affecting the interpretation of the Convention or the protocols thereto, or 

where the resolution of a question before the Chamber might have a 

result inconsistent with a judgment previously delivered by the Court, the 

Chamber may, at any time before it has rendered its judgment, 

relinquish jurisdiction in favour of the Grand Chamber, unless one of the 

parties to the case objects. 

Article 31 ñ Powers of the Grand Chamber 

The Grand Chamber shall 

a determine applications submitted either under Article 33 or Article 34 

when a Chamber has relinquished jurisdiction under Article 30 or 

when the case has been referred to it under Article 43; and 

b consider requests for advisory opinions submitted under Article 47. 

Article 32 ñ Jurisdiction of the Court 

1 The jurisdiction of the Court shall extend to all matters concerning the 

interpretation and application of the Convention and the protocols 

thereto which are referred to it as provided in Articles 33, 34 and 47. 

2 In the event of dispute as to whether the Court has jurisdiction, the Court 

shall decide. 

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Article 33 ñ Inter-State cases 

Any High Contracting Party may refer to the Court any alleged breach of 

the provisions of the Convention and the protocols thereto by another 

High Contracting Party. 

Article 34 ñ Individual applications 

The Court may receive applications from any person, non-governmental 

organisation or group of individuals claiming to be the victim of a 

violation by one of the High Contracting Parties of the rights set forth in 

the Convention or the protocols thereto. The High Contracting Parties 

undertake not to hinder in any way the effective exercise of this right. 

Article 35 ñ Admissibility criteria 

1 The Court may only deal with the matter after all domestic remedies 

have been exhausted, according to the generally recognised rules of 

international law, and within a period of six months from the date on 

which the final decision was taken. 

2 The Court shall not deal with any application submitted under Article 34 

that 

a is anonymous; or 

b is substantially the same as a matter that has already been 

examined by the Court or has already been submitted to another 

procedure of international investigation or settlement and contains 

no relevant new information. 

3 The Court shall declare inadmissible any individual application 

submitted under Article 34 which it considers incompatible with the 

provisions of the Convention or the protocols thereto, manifestly ill- 

founded, or an abuse of the right of application. 

4 The Court shall reject any application which it considers inadmissible 

under this Article. It may do so at any stage of the proceedings. 

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Article 36 ñ Third party intervention 

1 In all cases before a Chamber or the Grand Chamber, a High 

Contracting Party one of whose nationals is an applicant shall have the 

right to submit written comments and to take part in hearings. 

2 The President of the Court may, in the interest of the proper 

administration of justice, invite any High Contracting Party which is not a 

party to the proceedings or any person concerned who is not the 

applicant to submit written comments or take part in hearings. 

Article 37 ñ Striking out applications 

1 The Court may at any stage of the proceedings decide to strike an 

application out of its list of cases where the circumstances lead to the 

conclusion that 

a the applicant does not intend to pursue his application; or 

b the matter has been resolved; or 

c for any other reason established by the Court, it is no longer justified 

to continue the examination of the application. 

However, the Court shall continue the examination of the application if 

respect for human rights as defined in the Convention and the protocols 

thereto so requires. 

2 The Court may decide to restore an application to its list of cases if it 

considers that the circumstances justify such a course. 

Article 38 ñ Examination of the case and friendly settlement 

proceedings 

1 If the Court declares the application admissible, it shall 

a pursue the examination of the case, together with the 

representatives of the parties, and if need be, undertake an 

investigation, for the effective conduct of which the States concerned 

shall furnish all necessary facilities; 

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b place itself at the disposal of the parties concerned with a view to 

securing a friendly settlement of the matter on the basis of respect 

for human rights as defined in the Convention and the protocols 

thereto. 

2 Proceedings conducted under paragraph 1.b shall be confidential. 

Article 39 ñ Finding of a friendly settlement 

If a friendly settlement is effected, the Court shall strike the case out of 

its list by means of a decision which shall be confined to a brief 

statement of the facts and of the solution reached. 

Article 40 ñ Public hearings and access to documents 

1 Hearings shall be in public unless the Court in exceptional 

circumstances decides otherwise. 

2 Documents deposited with the Registrar shall be accessible to the public 

unless the President of the Court decides otherwise. 

Article 41 ñ 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 Party 

concerned allows only partial reparation to be made, the Court shall, if 

necessary, afford just satisfaction to the injured party. 

Article 42 ñ Judgments of Chambers 

Judgments of Chambers shall become final in accordance with the 

provisions of Article 44, paragraph 2. 

Article 43 ñ Referral to the Grand Chamber 

1 Within a period of three months from the date of the judgment of the 

Chamber, any party to the case may, in exceptional cases, request that 

the case be referred to the Grand Chamber. 

2 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 the protocols thereto, or a serious issue 

of general importance. 

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3 If the panel accepts the request, the Grand Chamber shall decide the 

case by means of a judgment. 

Article 44 ñ Final judgments 

1 The judgment of the Grand Chamber shall be final. 

2 The judgment of a Chamber shall become final 

a when the parties declare that they will not request that the case be 

referred to the Grand Chamber; or 

b three months after the date of the judgment, if reference of the case 

to the Grand Chamber has not been requested; or 

c when the panel of the Grand Chamber rejects the request to refer 

under Article 43. 

3 The final judgment shall be published. 

Article 45 ñ Reasons for judgments and decisions 

1 Reasons shall be given for judgments as well as for decisions declaring 

applications admissible or inadmissible. 

2 If a judgment does not represent, in whole or in part, the unanimous 

opinion of the judges, any judge shall be entitled to deliver a separate 

opinion. 

Article 46 ñ Binding force and execution of judgments 

1 The High Contracting Parties undertake to abide by the final judgment of 

the Court in any case to which they are parties. 

2 The final judgment of the Court shall be transmitted to the Committee of 

Ministers, which shall supervise its execution. 

Article 47 ñ Advisory opinions 

1 The Court may, at the request of the Committee of Ministers, give 

advisory opinions on legal questions concerning the interpretation of the 

Convention and the protocols thereto. 

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2 Such opinions shall not deal with any question relating to the content or 

scope of the rights or freedoms defined in Section I of the Convention 

and the protocols thereto, or with any other question which the Court or 

the Committee of Ministers might have to consider in consequence of 

any such proceedings as could be instituted in accordance with the 

Convention. 

3 Decisions of the Committee of Ministers to request an advisory opinion 

of the Court shall require a majority vote of the representatives entitled 

to sit on the Committee. 

Article 48 ñ Advisory jurisdiction of the Court 

The Court shall decide whether a request for an advisory opinion 

submitted by the Committee of Ministers is within its competence as 

defined in Article 47. 

Article 49 ñ Reasons for advisory opinions 

1 Reasons shall be given for advisory opinions of the Court. 

2 If the advisory opinion does not represent, in whole or in part, the 

unanimous opinion of the judges, any judge shall be entitled to deliver a 

separate opinion. 

3 Advisory opinions of the Court shall be communicated to the Committee 

of Ministers. 

Article 50 ñ Expenditure on the Court 

The expenditure on the Court shall be borne by the Council of Europe. 

Article 51 ñ Privileges and immunities of judges 

The judges shall be entitled, during the exercise 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. 

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SECTION III ñ MISCELLANEOUS PROVISIONS 

Article 52 ñ Inquiries by the Secretary General 

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 the Convention. 

Article 53 ñ Safeguard for existing human rights 

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. 

Article 54 ñ Powers of the Committee of Ministers 

Nothing in this Convention shall prejudice the powers conferred on the 

Committee of Ministers by the Statute of the Council of Europe. 

Article 55 ñ Exclusion of other means of dispute settlement 

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. 

Article 56 ñ Territorial application 

1 Any State may at the time of its ratification or at any time thereafter 

declare by notification addressed to the Secretary General of the 

Council of Europe that the present Convention shall, subject to 

paragraph 4 of this Article, extend to all or any of the territories for 

whose international relations it is responsible. 

2 The Convention shall extend to the territory or territories named in the 

notification as from the thirtieth day after the receipt of this notification by 

the Secretary General of the Council of Europe. 

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3 The provisions of this Convention shall be applied in such territories with 

due regard, however, to local requirements. 

4 Any State which has made a declaration in accordance with paragraph 1 

of this article may at any time thereafter declare on behalf of one or 

more of the territories to which the declaration relates that it accepts the 

competence of the Court to receive applications from individuals, 

non-governmental organisations or groups of individuals as provided by 

Article 34 of the Convention. 

Article 57 ñ Reservations 

1 Any State may, when signing this Convention or when depositing its 

instrument of ratification, make a reservation in respect of any particular 

provision of the Convention to the extent that any law then in force in its 

territory is not in conformity with the provision. Reservations of a general 

character shall not be permitted under this article. 

2 Any reservation made under this article shall contain a brief statement of 

the law concerned. 

Article 58 ñ Denunciation 

1 A High Contracting Party may denounce the present Convention only 

after the expiry of five years from the date on which it became a party to 

it and after six months' notice contained in a notification addressed to 

the Secretary General of the Council of Europe, who shall inform the 

other High Contracting Parties. 

2 Such a denunciation shall not have the effect of releasing the High 

Contracting Party concerned from its obligations under this Convention 

in respect of any act which, being capable of constituting a violation of 

such obligations, may have been performed by it before the date at 

which the denunciation became effective. 

3 Any High Contracting Party which shall cease to be a member of the 

Council of Europe shall cease to be a Party to this Convention under the 

same conditions. 

4 The Convention may be denounced in accordance with the provisions of 

the preceding paragraphs in respect of any territory to which it has been 

declared to extend under the terms of Article 56. 

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Article 59 ñ Signature and ratification 

1 This Convention shall be open to the signature of the members of the 

Council of Europe. It shall be ratified. Ratifications shall be deposited 

with the Secretary General of the Council of Europe. 

2 The present Convention shall come into force after the deposit of ten 

instruments of ratification. 

3 As regards any signatory ratifying subsequently, the Convention shall 

come into force at the date of the deposit of its instrument of ratification. 

4 The Secretary General of the Council of Europe shall notify all the 

members of the Council of Europe of the entry into force of the 

Convention, the names of the High Contracting Parties who have ratified 

it, and the deposit of all instruments of ratification which may be effected 

subsequently. 

Done at Rome this 4th day of November 1950, 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. The Secretary 

General shall transmit certified copies to each of the signatories. 

22 

Protocol to the Convention for the 

Protection of Human Rights and 

Fundamental Freedoms 

Paris, 20.III.1952 

The governments signatory hereto, being members of the Council of Europe, 

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 4 November 1950 (hereinafter referred to 

as ìthe Conventionî), 

Have agreed as follows: 

Article 1 ñ Protection of property 

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. 

Article 2 ñ Right to education 

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 religious and philosophical 

convictions. 

Article 3 ñ Right to free elections 

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. 

 23 

Article 4 ñ Territorial application 

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 56 of the 

Convention. 

Article 5 ñ Relationship to 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. 

Article 6 ñ Signature and ratification 

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 members of the 

names of those who have ratified. 

Done at Paris on the 20th day of March 1952, 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. The Secretary 

General shall transmit certified copies to each of the signatory 

governments. 

24 

Protocol No. 4 to the Convention for the 

Protection of Human Rights and 

Fundamental Freedoms securing certain 

rights and freedoms other than those 

already included in the Convention and in 

the first Protocol thereto 

Strasbourg, 16.IX.1963 

The governments signatory hereto, being members of the Council of Europe, 

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 1950 (hereinafter referred 

to as the ìConventionî) and in Articles 1 to 3 of the First Protocol to the 

Convention, signed at Paris on 20th March 1952, 

Have agreed as follows: 

Article 1 ñ Prohibition of imprisonment for debt 

No one shall be deprived of his liberty merely on the ground of inability 

to fulfil a contractual obligation. 

Article 2 ñ Freedom of movement 

1 Everyone lawfully within the territory of a State shall, within that territory, 

have the right to liberty of movement and freedom to choose his 

residence. 

2 Everyone shall be free to leave any country, including his own. 

3 No restrictions shall be placed on the exercise of these rights other than 

such as are in accordance with law and are necessary in a democratic 

society in the interests of national security or public safety, for the 

maintenance of ordre public, for the prevention of crime, for the 

protection of health or morals, or for the protection of the rights and 

freedoms of others. 

 25 

4 The rights set forth in paragraph 1 may also be subject, in particular 

areas, to restrictions imposed in accordance with law and justified by the 

public interest in a democratic society. 

Article 3 ñ Prohibition of expulsion of nationals 

1 No one shall be expelled, by means either of an individual or of a 

collective measure, from the territory of the State of which he is a 

national. 

2 No one shall be deprived of the right to enter the territory of the state of 

which he is a national. 

Article 4 ñ Prohibition of collective expulsion of aliens 

Collective expulsion of aliens is prohibited. 

Article 5 ñ Territorial application 

1 Any High Contracting Party may, at the time of signature or ratification of 

this Protocol, 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 this Protocol shall apply to 

such of the territories for the international relations of which it is 

responsible as are named therein. 

2 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. 

3 A declaration made in accordance with this article shall be deemed to 

have been made in accordance with paragraph 1 of Article 56 of the 

Convention. 

4 The territory of any State to which this Protocol applies by virtue of 

ratification or acceptance by that State, and each territory to which this 

Protocol is applied by virtue of a declaration by that State under this 

article, shall be treated as separate territories for the purpose of the 

references in Articles 2 and 3 to the territory of a State. 

26 

5 Any State which has made a declaration in accordance with paragraph 1 

or 2 of this Article may at any time thereafter declare on behalf of one or 

more of the territories to which the declaration relates that it accepts the 

competence of the Court to receive applications from individuals, non- 

governmental organisations or groups of individuals as provided in 

Article 34 of the Convention in respect of all or any of Articles 1 to 4 of 

this Protocol.î 

Article 6 ñ Relationship to the Convention 

As between the High Contracting Parties the provisions of Articles 1 to 5 

of this Protocol shall be regarded as additional Articles to the 

Convention, and all the provisions of the Convention shall apply 

accordingly. 

Article 7 ñ Signature and ratification 

1 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 five 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. 

2 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. 

In witness whereof the undersigned, being duly authorised thereto, have 

signed this Protocol. 

Done at Strasbourg, this 16th day of September 1963, in English and in 

French, both texts being equally authoritative, 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. 

 27 

Protocol No. 6 to the Convention for the 

Protection of Human Rights and 

Fundamental Freedoms concerning the 

abolition of the death penalty 

Strasbourg, 28.IV.1983 

The member States of the Council of Europe, signatory to this Protocol 

to the Convention for the Protection of Human Rights and Fundamental 

Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to 

as ìthe Conventionî), 

Considering that the evolution that has occurred in several member 

States of the Council of Europe expresses a general tendency in favour 

of abolition of the death penalty; 

Have agreed as follows: 

Article 1 ñ Abolition of the death penalty 

The death penalty shall be abolished. No-one shall be condemned to 

such penalty or executed. 

Article 2 ñ Death penalty in time of war 

A State may make provision in its law for the death penalty in respect of 

acts committed in time of war or of imminent threat of war; such penalty 

shall be applied only in the instances laid down in the law and in 

accordance with its provisions. The State shall communicate to the 

Secretary General of the Council of Europe the relevant provisions of 

that law. 

Article 3 ñ Prohibition of derogations 

No derogation from the provisions of this Protocol shall be made under 

Article 15 of the Convention. 

28 

Article 4 ñ Prohibition of reservations 

No reservation may be made under Article 57 of the Convention in 

respect of the provisions of this Protocol. 

Article 5 ñ Territorial application 

1 Any State may at the time of signature or when depositing its instrument 

of ratification, acceptance or approval, specify the territory or territories 

to which this Protocol shall apply. 

2 Any State may at any later date, by a declaration addressed to the 

Secretary General of the Council of Europe, extend the application of 

this Protocol to any other territory specified in the declaration. In respect 

of such territory the Protocol shall enter into force on the first day of the 

month following the date of receipt of such declaration by the Secretary 

General. 

3 Any declaration made under the two preceding paragraphs may, in 

respect of any territory specified in such declaration, be withdrawn by a 

notification addressed to the Secretary General. The withdrawal shall 

become effective on the first day of the month following the date of 

receipt of such notification by the Secretary General. 

Article 6 ñ Relationship to the Convention 

As between the States Parties the provisions of Articles 1 and 5 of this 

Protocol shall be regarded as additional articles to the Convention and 

all the provisions of the Convention shall apply accordingly. 

Article 7 ñ Signature and ratification 

The Protocol shall be open for signature by the member States of the 

Council of Europe, signatories to the Convention. It shall be subject to 

ratification, acceptance or approval. A member State of the Council of 

Europe may not ratify, accept or approve this Protocol unless it has, 

simultaneously or previously, ratified the Convention. Instruments of 

ratification, acceptance or approval shall be deposited with the 

Secretary General of the Council of Europe. 

 29 

Article 8 ñ Entry into force 

1 This Protocol shall enter into force on the first day of the month following 

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. 

2 In respect of any member State which subsequently expresses its 

consent to be bound by it, the Protocol shall enter into force on the first 

day of the month following the date of the deposit of the instrument of 

ratification, acceptance or approval. 

Article 9 ñ Depositary functions 

The Secretary General of the Council of Europe shall notify the member 

States of the Council of: 

a any signature; 

b the deposit of any instrument of ratification, acceptance or approval; 

c any 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 authorised thereto, have 

signed this Protocol. 

Done at Strasbourg, this 28th day of April 1983, in English and in 

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. 

30 

Protocol No. 7 to the Convention for 

the Protection of Human Rights and 

Fundamental Freedoms 

Strasbourg, 22.XI.1984 

The member States of the Council of Europe signatory hereto, 

Being resolved to take further steps to ensure the collective enforcement 

of certain rights and freedoms by means of the Convention for the 

Protection of Human Rights and Fundamental Freedoms signed at 

Rome on 4 November 1950 (hereinafter referred to as ìthe 

Conventionî), 

Have agreed as follows: 

Article 1 ñ Procedural safeguards relating to expulsion of aliens 

1 An alien lawfully resident in the territory of a State shall not be expelled 

therefrom except in pursuance of a decision reached in accordance with 

law and shall be allowed: 

a to submit reasons against his expulsion, 

b to have his case reviewed, and 

c to be represented for these purposes before the competent authority 

or a person or persons designated by that authority. 

2 An alien may be expelled before the exercise of his rights under 

paragraph 1.a, b and c of this Article, when such expulsion is necessary 

in the interests of public order or is grounded on reasons of national 

security. 

Article 2 ñ Right of appeal in criminal matters 

1 Everyone convicted of a criminal offence by a tribunal shall have the 

right to have his conviction or sentence reviewed by a higher tribunal. 

The exercise of this right, including the grounds on which it may be 

exercised, shall be governed by law. 

2 This right may be subject to exceptions in regard to offences of a minor 

character, as prescribed by law, or in cases in which the person 

 31 

concerned was tried in the first instance by the highest tribunal or was 

convicted following an appeal against acquittal. 

Article 3 ñ Compensation for wrongful conviction 

When a person has by a final decision been convicted of a criminal 

offence and when subsequently his conviction has been reversed, or he 

has been pardoned, on the ground that a new or newly discovered fact 

shows conclusively that there has been a miscarriage of justice, the 

person who has suffered punishment as a result of such conviction shall 

be compensated according to the law or the practice of the State 

concerned, unless it is proved that the non-disclosure of the unknown 

fact in time is wholly or partly attributable to him. 

Article 4 ñ Right not to be tried or punished twice 

1 No one shall be liable to be tried or punished again in criminal 

proceedings under the jurisdiction of the same State for an offence for 

which he has already been finally acquitted or convicted in accordance 

with the law and penal procedure of that State. 

2 The provisions of the preceding paragraph shall not prevent the 

reopening of the case in accordance with the law and penal procedure 

of the State concerned, if there is evidence of new or newly discovered 

facts, or if there has been a fundamental defect in the previous 

proceedings, which could affect the outcome of the case. 

3 No derogation from this Article shall be made under Article 15 of the 

Convention. 

Article 5 ñ Equality between spouses 

Spouses shall enjoy equality of rights and responsibilities of a private 

law character between them, and in their relations with their children, as 

to marriage, during marriage and in the event of its dissolution. This 

Article shall not prevent States from taking such measures as are 

necessary in the interests of the children. 

Article 6 ñ Territorial application 

1 Any State may at the time of signature or when depositing its instrument 

of ratification, acceptance or approval, specify the territory or territories 

to which the Protocol shall apply and state the extent to which it 

undertakes that the provisions of this Protocol shall apply to such 

territory or territories. 

32 

2 Any State may at any later date, by a declaration addressed to the 

Secretary General of the Council of Europe, extend the application of 

this Protocol to any other territory specified in the declaration. In respect 

of such territory the Protocol shall enter into force on the first day of the 

month following the expiration of a period of two months after the date of 

receipt by the Secretary General of such declaration. 

3 Any declaration made under the two preceding paragraphs may, in 

respect of any territory specified in such declaration, be withdrawn or 

modified by a notification addressed to the Secretary General. The 

withdrawal or modification shall become effective on the first day of the 

month following the expiration of a period of two months after the date of 

receipt of such notification by the Secretary General. 

4 A declaration made in accordance with this Article shall be deemed to 

have been made in accordance with paragraph 1 of Article 56 of the 

Convention. 

5 The territory of any State to which this Protocol applies by virtue of 

ratification, acceptance or approval by that State, and each territory to 

which this Protocol is applied by virtue of a declaration by that State 

under this Article, may be treated as separate territories for the purpose 

of the reference in Article 1 to the territory of a State. 

6 Any State which has made a declaration in accordance with paragraph 1 

or 2 of this Article may at any time thereafter declare on behalf of one or 

more of the territories to which the declaration relates that it accepts the 

competence of the Court to receive applications from individuals, non- 

governmental organisations or groups of individuals as provided in 

Article 34 of the Convention in respect of Articles 1 to 5 of this Protocol. 

Article 7 ñ Relationship to the Convention 

As between the States Parties, the provisions of Article 1 to 6 of this 

Protocol shall be regarded as additional Articles to the Convention, and 

all the provisions of the Convention shall apply accordingly. 

Article 8 ñ Signature and ratification 

This Protocol shall be open for signature by member States of the 

Council of Europe which have signed the Convention. It is subject to 

ratification, acceptance or approval. A member State of the Council of 

 33 

Europe may not ratify, accept or approve this Protocol without previously 

or simultaneously ratifying the Convention. Instruments of ratification, 

acceptance or approval shall be deposited with the Secretary General of 

the Council of Europe. 

Article 9 ñ Entry into force 

1 This Protocol shall enter into force on the first day of the month following 

the expiration of a period of two months after the date on which seven 

member States of the Council of Europe have expressed their consent 

to be bound by the Protocol in accordance with the provisions of Article 

8. 

2 In respect of any member State which subsequently expresses its 

consent to be bound by it, the Protocol shall enter into force on the first 

day of the month following the expiration of a period of two months after 

the date of the deposit of the instrument of ratification, acceptance or 

approval. 

Article 10 ñ Depositary functions 

The Secretary General of the Council of Europe shall notify all the 

member States of the Council of Europe of: 

a any signature; 

b the deposit of any instrument of ratification, acceptance or approval; 

c any 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 authorised thereto, have 

signed this Protocol. 

Done at Strasbourg, this 22nd day of November 1984, 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. 

34 

Protocol No. 12 to the Convention for 

the Protection of Human Rights and 

Fundamental Freedoms 

Rome, 4.XI.2000 

The member States of the Council of Europe signatory hereto, 

Having regard to the fundamental principle according to which all 

persons are equal before the law and are entitled to the equal protection 

of the law; 

Being resolved to take further steps to promote the equality of all 

persons through the collective enforcement of a general prohibition of 

discrimination by means of the Convention for the Protection of Human 

Rights and Fundamental Freedoms signed at Rome on 4 November 

1950 (hereinafter referred to as ìthe Conventionî); 

Reaffirming that the principle of non-discrimination does not prevent 

States Parties from taking measures in order to promote full and 

effective equality, provided that there is an objective and reasonable 

justification for those measures, 

Have agreed as follows: 

Article 1 ñ General prohibition of discrimination 

1 The enjoyment of any right set forth by law 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. 

2 No one shall be discriminated against by any public authority on any 

ground such as those mentioned in paragraph 1. 

Article 2 ñ Territorial application 

1 Any State may, at the time of signature or when depositing its instrument 

of ratification, acceptance or approval, specify the territory or territories 

to which this Protocol shall apply. 

 35 

2 Any State may at any later date, by a declaration addressed to the 

Secretary General of the Council of Europe, extend the application of 

this Protocol to any other territory specified in the declaration. In respect 

of such territory the Protocol shall enter into force on the first day of the 

month following the expiration of a period of three months after the date 

of receipt by the Secretary General of such declaration. 

3 Any declaration made under the two preceding paragraphs may, in 

respect of any territory specified in such declaration, be withdrawn or 

modified by a notification addressed to the Secretary General of the 

Council of Europe. The withdrawal or modification shall become 

effective on the first day of the month following the expiration of a period 

of three months after the date of receipt of such notification by the 

Secretary General. 

4 A declaration made in accordance with this article shall be deemed to 

have been made in accordance with paragraph 1 of Article 56 of the 

Convention. 

5 Any State which has made a declaration in accordance with paragraph 1 

or 2 of this article may at any time thereafter declare on behalf of one or 

more of the territories to which the declaration relates that it accepts the 

competence of the Court to receive applications from individuals, non- 

governmental organisations or groups of individuals as provided by 

Article 34 of the Convention in respect of Article 1 of this Protocol. 

Article 3 ñ Relationship to the Convention 

As between the States Parties, the provisions of Articles 1 and 2 of this 

Protocol shall be regarded as additional articles to the Convention, and 

all the provisions of the Convention shall apply accordingly. 

Article 4 ñ Signature and ratification 

This Protocol shall be open for signature by member States of the 

Council of Europe which have signed the Convention. It is subject to 

ratification, acceptance or approval. A member State of the Council of 

Europe may not ratify, accept or approve this Protocol without previously 

or simultaneously ratifying the Convention. Instruments of ratification, 

acceptance or approval shall be deposited with the Secretary General of 

the Council of Europe. 

36 

Article 5 ñ Entry into force 

1 This Protocol shall enter into force on the first day of the month following 

the expiration of a period of three months after the date on which ten 

member States of the Council of Europe have expressed their consent 

to be bound by the Protocol in accordance with the provisions of 

Article 4. 

2 In respect of any member State which subsequently expresses its 

consent to be bound by it, the Protocol shall enter into force on the first 

day of the month following the expiration of a period of three months 

after the date of the deposit of the instrument of ratification, acceptance 

or approval. 

Article 6 ñ Depositary functions 

The Secretary General of the Council of Europe shall notify all the 

member States of the Council of Europe of: 

a any signature; 

b the deposit of any instrument of ratification, acceptance or approval; 

c any date of entry into force of this Protocol in accordance with 

Articles 2 and 5; 

d any other act, notification or communication relating to this Protocol. 

In witness whereof the undersigned, being duly authorised thereto, have 

signed this Protocol. 

Done at Rome, this 4th day of November 2000, in English and in 

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. 

 37 

Protocol No. 13 to the Convention for 

the Protection of Human Rights and 

Fundamental Freedoms 

Concerning the abolition of the death 

penalty in all circumstances 

Vilnius, 3.V.2002 

The member States of the Council of Europe signatory hereto, 

Convinced that everyoneís right to life is a basic value in a democratic 

society and that the abolition of the death penalty is essential for the 

protection of this right and for the full recognition of the inherent dignity 

of all human beings; 

Wishing to strengthen the protection of the right to life guaranteed by the 

Convention for the Protection of Human Rights and Fundamental 

Freedoms signed at Rome on 4 November 1950 (hereinafter referred to 

as ìthe Conventionî); 

Noting that Protocol No. 6 to the Convention, concerning the Abolition of 

the Death Penalty, signed at Strasbourg on 28 April 1983, does not 

exclude the death penalty in respect of acts committed in time of war or 

of imminent threat of war; 

Being resolved to take the final step in order to abolish the death penalty 

in all circumstances, 

Have agreed as follows: 

Article 1 ñ Abolition of the death penalty 

The death penalty shall be abolished. No one shall be condemned to 

such penalty or executed. 

Article 2 ñ Prohibitions of derogations 

No derogation from the provisions of this Protocol shall be made under 

Article 15 of the Convention. 

38 

Article 3 ñ Prohibitions of reservations 

No reservation may be made under Article 57 of the Convention in 

respect of the provisions of this Protocol. 

Article 4 ñ Territorial application 

1 Any state may, at the time of signature or when depositing its instrument 

of ratification, acceptance or approval, specify the territory or territories 

to which this Protocol shall apply. 

2 Any state may at any later date, by a declaration addressed to the 

Secretary General of the Council of Europe, extend the application of 

this Protocol to any other territory specified in the declaration. In respect 

of such territory the Protocol shall enter into force on the first day of the 

month following the expiration of a period of three months after the date 

of receipt by the Secretary General of such declaration. 

3 Any declaration made under the two preceding paragraphs may, in 

respect of any territory specified in such declaration, be withdrawn or 

modified by a notification addressed to the Secretary General. The 

withdrawal or modification shall become effective on the first day of the 

month following the expiration of a period of three months after the date 

of receipt of such notification by the Secretary General. 

Article 5 ñ Relationship to the Convention 

As between the states Parties the provisions of Articles 1 to 4 of this 

Protocol shall be regarded as additional articles to the Convention, and 

all the provisions of the Convention shall apply accordingly. 

Article 6 ñ Signature and ratification 

This Protocol shall be open for signature by member states of the 

Council of Europe which have signed the Convention. It is subject to 

ratification, acceptance or approval. A member state of the Council of 

Europe may not ratify, accept or approve this Protocol without previously 

or simultaneously ratifying the Convention. Instruments of ratification, 

acceptance or approval shall be deposited with the Secretary General of 

the Council of Europe. 

Article 7 ñ Entry into force 

1 This Protocol shall enter into force on the first day of the month following 

the expiration of a period of three months after the date on which ten 

member states of the Council of Europe have expressed their consent to 

be bound by the Protocol in accordance with the provisions of Article 6. 

2 In respect of any member state which subsequently expresses its 

consent to be bound by it, the Protocol shall enter into force on the first 

day of the month following the expiration of a period of three months 

after the date of the deposit of the instrument of ratification, acceptance 

or approval. 

Article 8 ñ Depositary functions 

The Secretary General of the Council of Europe shall notify all the 

member states of the Council of Europe of: 

a any signature; 

b the deposit of any instrument of ratification, acceptance or approval; 

c any date of entry into force of this Protocol in accordance with 

Articles 4 and 7; 

d any other act, notification or communication relating to this Protocol; 

In witness whereof the undersigned, being duly authorised thereto, have 

signed this Protocol. 

Done at Vilnius, this 3rd day of May 2002, in English and in 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.