|
 Index to
Treaties (external link)
COUNCIL OF EUROPE
European Treaties |
 |
CONSEIL DE L’EUROPE
Traités Européens |
Human Rights Protection
Summaries of the treaties
Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5), opened for signature by the members of the Council of Europe, in Rome, on 4 November 1950.
Entry into force: 3 September 1953.
Summary of the treaty
The "European Convention on Human Rights" sets forth a number of fundamental rights and freedoms that Parties undertake to secure to everyone within their jurisdiction. To supervise its application it establishes international enforcement machinery designed to ensure that Parties respect their engagements under the Convention. The European Commission and Court of Human Rights examine petitions from States or from any person, non-governmental organisation or group of individuals. As regards petitions submitted by other than by a State, the competence of the Convention organs depends on the recognition by Parties of the competence of the European Commission of Human Rights to receive individual petitions1 and of the jurisdiction of the European Court of Human Rights2. Some duties are assigned to the Committee of Ministers of the Council of Europe. The Court’s judgments and decisions of the Committee of Ministers are final and binding. All Parties to a case must abide by them and take all necessary measures to comply with them. The Secretary General also has a role to play with regard to the supervision machinery.
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 9), opened for signature by the members of the Council of Europe, who are the signatories of the Convention, in Paris, on 20 March 1952.
Entry into force:
18 May 1954.
Summary of the treaty
The Additional Protocol to the Convention (ETS No. 5) adds new fundamental rights to those protected under the Convention, namely: the right to peaceful enjoyment of property, the right to education and the right to free elections by secret ballot.
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 (ETS No. 46), opened for signature by the members of the Council of Europe who are the signatories of the Convention, in Strasbourg, on 16 September 1963.
Entry into force:2 May 1968.
Summary of the treaty
This Protocol secures certain rights and fundamental freedoms not included in previous texts (ETS Nos. 5 and 9): no deprivation of liberty for non-fulfilment of contractual obligations, right to liberty of movement and freedom to choose one’s residence, prohibition of a State’s expulsion of a national, probihition of collective expulsion of aliens.
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty (ETS No. 114), opened for signature by the member States of the Council of Europe, signatories to the Convention, in Strasbourg, on 28 April 1983.
Entry into force: 1 March 1985.
Summary of the treaty
The Sixth Protocol covers the abolition of the death penalty.
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 117), opened for signature by member States of the Council of Europe which have signed the Convention, in Strasbourg, on 22 November 1984.
Entry into force: 1 November 1988.
Summary of the treaty
The Seventh Protocol extends the list of rights protected under the Convention (ETS No. 5) and its Protocols (ETS Nos. 9, 46 and 114) to include the following:
- The right of aliens to procedural guarantees in the event of expulsion from the territory of a State ;
- The right of a person convicted of a criminal offence to have the conviction of sentence reviewed by a higher tribunal ;
- The right to compensation in the event of a miscarriage of justice ;
- The right not to be tried or punished in criminal proceedings for an offence for which one has already been acquitted or convicted ( ne bis in idem) ;
- Equality of rights and responsibilities as between spouses.
Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 140), opened for signature by member States of the Council of Europe signatories to the Convention, in Rome, on 6 November 1990.
Entry into force: 1 October 1994.
Summary of the treaty
The Ninth Protocol affords an applicant the right to refer a case to the Court in certain circumstances.
Under Article 25 of the Convention (ETS No. 5), any person claiming to be the victim of a violation of human rights may make an application to the European Commission of Human Rights against the State responsible. If the Commission, having declared the application admissible, fails to secure a friendly settlement, it draws up a report on the facts stating its opinion as to whether there has been a breach of the Convention. Under the original Convention scheme, only the Commission and States concerned can refer cases to the Court, provided that the State against which the complaint has been lodged has recognised the juridiction of the Court. This Protocol enables an applicant whose petition has been the subject of a report by the Commission to request the Court to deal with the case, regardless of whether the Commission or the State concerned have referred the case to the Court.
Protocol No. 10 to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 146), opened for signature by member States of the Council of Europe, signatories to the Convention, in Strasbourg, on 25 March 1992.
Entry into force: The Protocol will enter into force upon ratification by all Parties to the European Convention on Human Rights (ETS No. 5).
Summary of the treaty
The Tenth Protocol aims at improving the Convention’s supervision procedures. It changes the rule on the majority required when the Committee of Ministers is called upon to vote on whether the Convention has been violated in cases not referred to the European Court of Human Rights.
It replaces the two-thirds majority provided for in Article 32 of the Convention by a simple majority of member States.
When the new Protocol enters into force, the Committee of Ministers will take decisions relating to its judicial functions under Article 32 of the Convention by simple majority.
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby (ETS No. 155), opened for signature by member States of the Council of Europe signatories to the Convention, in Strasbourg, on 11 May 1994.
Entry into force: The Protocol will enter into force once it has been ratified by all Parties to the Convention (ETS No. 5).
Summary of the treaty
The Eleventh Protocol aims to rationalise the machinery for enforcement of rights and liberties guaranteed by the Convention (ETS No. 5). All alleged violations of the rights of persons are referred directly to the new permanent Court. In the majority of cases, the Court will sit in Chambers of seven judges. The Court deals with individual and inter-State petitions.
Manifestly ill-founded cases may be declared inadmissible by unanimous vote of a committee of three judges.
If the Court declares the application admissible, it will pursue the examination of the case, together with the representatives of the parties, and if need be will undertake an investigation. It will also place itself at the disposal of the parties 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.
Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases (serious questions affecting the interpretation or application of the Convention or the protocols thereto, or serious issues of general importance), request that the case be referred to the Grand Chamber. If the request is accepted, the resulting judgment of the Grand Chamber will be final. Otherwise, judgments of Chambers will become final when the parties declare that they will not request that the case be referred to the Grand Chamber, or have made no request for reference three months after the date of the judgment; or, if such a request is made, when the panel of the Grand Chamber rejects the request to refer.
The Committee of Ministers is no longer empowered to deal with the merits of cases, although it maintains its important role of ensuring that governments comply with the Court’s judgments.
European Agreement relating to Persons participating in Proceedings of the European Commission and Court of Human Rights (ETS No. 67), opened for signature by the member States of the Council of Europe, in London, on 6 May 1969.
Entry into force: 17 April 1971.
Summary of the treaty
The Agreement requires Parties to ensure that persons participating in proceedings instituted under the European Convention on Human Rights (ETS No. 5)(agents, advisors, advocates, applicants, delegates, witnesses and experts) enjoy immunity from legal process in respect of their acts before the Court and Commission, as well as freedom to correspond with those organs and freedom to travel for the purpose of attending the proceedings.
European Agreement relating to persons participating in proceedings of the European Court of Human Rights (ETS No. 161), opened for signature by the member States of the Council of Europe, in Strasbourg, on 5 March 1996.
Entry into force: The Agreement will enter into force after 10 ratifications or on the date of entry into force of Protocol No. 11 (ETS No. 155) to the Convention, whichever is the later.
Summary of the treaty
The Agreement requires Parties to ensure that persons participating in proceedings instituted under the European Convention on Human Rights (ETS No. 5) as amended by Protocol No. 11 (ETS No. 155)(agents, advisors, advocates, applicants, delegates, witnesses, and experts) enjoy immunity from legal process in respect of their acts before the single permanent Court, as well as freedom to correspond with the Court and freedom to travel for the purpose of attending the proceedings.
FOOTNOTES
- Footnote 1
- See Chart of Signatures and Ratifications. Declarations pursuant to Articles 25 and 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Right of individual petition - Compulsory Jurisdiction of the Court).
-
- Footnote 2
- See Chart of Signatures and Ratifications. Declarations pursuant to Articles 25 and 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Right of individual petition - Compulsory Jurisdiction of the Court).
| 
