EMRK-en – Recht und IT

European Convention on Human Rights

Obligation to respect Human Rights

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ARTICLE 1

The High Contracting Parties shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I of this
Convention.

European Convention on Human Rights

Right to life

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ARTICLE 2

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.

European Convention on Human Rights

Right to life

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ARTICLE 2

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;

European Convention on Human Rights

Right to life

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ARTICLE 2

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:

(b) in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained;

European Convention on Human Rights

Right to life

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ARTICLE 2

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:

(c) in action lawfully taken for the purpose of quelling a riot
or insurrection.

European Convention on Human Rights

Prohibition of torture

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ARTICLE 3

No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.

European Convention on Human Rights

Prohibition of slavery and forced labour

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ARTICLE 4

1. No one shall be held in slavery or servitude.

European Convention on Human Rights

Prohibition of slavery and forced labour

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ARTICLE 4

3. 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 Article5
of this Convention or during conditional release from
such detention;

European Convention on Human Rights

Prohibition of slavery and forced labour

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ARTICLE 4

3. For the purpose of this Article the term “forced or compulsory
labour” shall not include:

(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;

European Convention on Human Rights

Prohibition of slavery and forced labour

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ARTICLE 4

3. For the purpose of this Article the term “forced or compulsory
labour” shall not include:

(c) any service exacted in case of an emergency or calamity
threatening the life or well-being of the community;

European Convention on Human Rights

Prohibition of slavery and forced labour

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ARTICLE 4

3. For the purpose of this Article the term “forced or compulsory
labour” shall not include:

(d) any work or service which forms part of normal civic
obligations.

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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:

(b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to
secure the fulfilment of any obligation prescribed by law;

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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:

(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;

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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:

(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;

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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:

(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;

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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:

(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.

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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.

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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.

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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.

European Convention on Human Rights

Right to liberty and security

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ARTICLE 5

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.

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

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.

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

2. Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

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;

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

3. Everyone charged with a criminal offence has the following
minimum rights:

(b) to have adequate time and facilities for the preparation of
his defence;

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

3. Everyone charged with a criminal offence has the following
minimum rights:

(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;

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

3. Everyone charged with a criminal offence has the following
minimum rights:

(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;

European Convention on Human Rights

Right to a fair trial

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ARTICLE 6

3. Everyone charged with a criminal offence has the following
minimum rights:

(e) to have the free assistance of an interpreter if he cannot
understand or speak the language used in court.

European Convention on Human Rights

No punishment without law

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ARTICLE 7

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.

European Convention on Human Rights

No punishment without law

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ARTICLE 7

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.

European Convention on Human Rights

Right to respect for private and family life

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ARTICLE 8

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

European Convention on Human Rights

Right to respect for private and family life

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ARTICLE 8

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

European Convention on Human Rights

Freedom of thought, conscience and religion

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ARTICLE 9

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.

European Convention on Human Rights

Freedom of thought, conscience and religion

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ARTICLE 9

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.

European Convention on Human Rights

Freedom of expression

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ARTICLE 10

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.

European Convention on Human Rights

Freedom of expression

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ARTICLE 10

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

European Convention on Human Rights

Freedom of assembly and association

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ARTICLE 11

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.

European Convention on Human Rights

Freedom of assembly and association

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ARTICLE 11

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.

European Convention on Human Rights

Right to marry

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ARTICLE 12

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

European Convention on Human Rights

Right to an effective remedy

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ARTICLE 13

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.

European Convention on Human Rights

Prohibition of discrimination

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ARTICLE 14

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.

European Convention on Human Rights

Derogation in time of emergency

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ARTICLE 15

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.

European Convention on Human Rights

Derogation in time of emergency

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ARTICLE 15

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.

European Convention on Human Rights

Derogation in time of emergency

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ARTICLE 15

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.

European Convention on Human Rights

Restrictions on political activity of aliens

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ARTICLE 16

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.

European Convention on Human Rights

Prohibition of abuse of rights

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ARTICLE 17

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

European Convention on Human Rights

Limitation on use of restrictions on rights

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ARTICLE 18

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.

European Convention on Human Rights

Establishment of the Court

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ARTICLE 19

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 Court”. It shall function on a permanent basis.

European Convention on Human Rights

Number of judges

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ARTICLE 20

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

European Convention on Human Rights

Criteria for office

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ARTICLE 21

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.

European Convention on Human Rights

Criteria for office

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ARTICLE 21

2. Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to Article 22.

European Convention on Human Rights

Criteria for office

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ARTICLE 21

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

European Convention on Human Rights

Criteria for office

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ARTICLE 21

4. 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.

European Convention on Human Rights

Election of judges

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ARTICLE 22

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.

European Convention on Human Rights

Terms of office and dismissal

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ARTICLE 23

1. The judges shall be elected for a period of nine years. They may not be re-elected.

European Convention on Human Rights

Terms of office and dismissal

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ARTICLE 23

2. The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.

European Convention on Human Rights

Terms of office and dismissal

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ARTICLE 23

3. 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.

European Convention on Human Rights

Registry and rapporteurs

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ARTICLE 24

2. When sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. They shall form part of the Court’s Registry.

European Convention on Human Rights

Plenary Court

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ARTICLE 25

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,

European Convention on Human Rights

Plenary Court

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ARTICLE 25

The plenary Court shall

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

European Convention on Human Rights

Plenary Court

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ARTICLE 25

The plenary Court shall

(c) elect the Presidents of the Chambers of the Court; they may be re-elected,

European Convention on Human Rights

Plenary Court

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ARTICLE 25

The plenary Court shall

(d) adopt the rules of the Court,

European Convention on Human Rights

Plenary Court

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ARTICLE 25

The plenary Court shall

(e) elect the Registrar and one or more Deputy Registrars,

European Convention on Human Rights

Plenary Court

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ARTICLE 25

The plenary Court shall

(f) make any request under Article 26, paragraph 2.

European Convention on Human Rights

Single-judge formation, Committees, Chambers and Grand Chamber

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ARTICLE 26

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.

European Convention on Human Rights

Single-judge formation, Committees, Chambers and Grand Chamber

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ARTICLE 26

2. At the request of the plenary Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to f ive the number of judges of the Chambers

European Convention on Human Rights

Single-judge formation, Committees, Chambers and Grand Chamber

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ARTICLE 26

3. 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.

European Convention on Human Rights

Single-judge formation, Committees, Chambers and Grand Chamber

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ARTICLE 26

4. 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.

European Convention on Human Rights

Single-judge formation, Committees, Chambers and Grand Chamber

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ARTICLE 26

5. 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.

European Convention on Human Rights

Competence of single judges

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ARTICLE 27

2. The decision shall be final.

European Convention on Human Rights

Competence of single judges

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ARTICLE 27

3. If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination.

European Convention on Human Rights

Competence of Committees

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ARTICLE 28

1. In respect of an application submitted under Article 34, a committee may, by a unanimous vote,

(a) declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination, or

European Convention on Human Rights

Competence of Committees

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ARTICLE 28

1. In respect of an application submitted under Article 34, a committee may, by a unanimous vote,

(b) declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.

European Convention on Human Rights

Competence of Committees

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ARTICLE 28

2. Decisions and judgments under paragraph 1 shall be final.

European Convention on Human Rights

Competence of Committees

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ARTICLE 28

3. If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 1.(b).

European Convention on Human Rights

Decisions by Chambers on admissibility and merits

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ARTICLE 29

1. If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34. The decision on admissibility may be taken separately.

European Convention on Human Rights

Decisions by Chambers on admissibility and merits

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ARTICLE 29

2. A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33. The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.

European Convention on Human Rights

Powers of the Grand Chamber

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ARTICLE 31

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,

European Convention on Human Rights

Powers of the Grand Chamber

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ARTICLE 31

The Grand Chamber shall

(b) decide on issues referred to the Court by the Committee of Ministers in accordance with Article 46, paragraph 4, and

European Convention on Human Rights

Powers of the Grand Chamber

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ARTICLE 31

The Grand Chamber shall

(c) consider requests for advisory opinions submitted under Article 47.

European Convention on Human Rights

Jurisdiction of the Court

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ARTICLE 32

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, 46 and 47.

European Convention on Human Rights

Jurisdiction of the Court

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ARTICLE 32

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

European Convention on Human Rights

Inter-State cases

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ARTICLE 33

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.

European Convention on Human Rights

Individual applications

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ARTICLE 34

The Court may receive applications from any person, nongovernmental 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.

European Convention on Human Rights

Admissibility criteria

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ARTICLE 35

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 four months from the date on which the final decision was taken.

European Convention on Human Rights

Admissibility criteria

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ARTICLE 35

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

(a) is anonymous, or

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Admissibility criteria

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ARTICLE 35

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

(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.

European Convention on Human Rights

Admissibility criteria

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ARTICLE 35

3. The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that:

(a) the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application, or

European Convention on Human Rights

Admissibility criteria

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ARTICLE 35

3. The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that:

(b) the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits.

European Convention on Human Rights

Admissibility criteria

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ARTICLE 35

4. The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings.

European Convention on Human Rights

Third party intervention

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ARTICLE 36

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.

European Convention on Human Rights

Third party intervention

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ARTICLE 36

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.

European Convention on Human Rights

Third party intervention

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ARTICLE 36

3. In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.

European Convention on Human Rights

Striking out applications

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ARTICLE 37

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

European Convention on Human Rights

Striking out applications

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ARTICLE 37

(b) the matter has been resolved, or

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Striking out applications

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ARTICLE 37

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

(c) for any other reason established by the Court, it is no longer justified to continue the examination of the application.

European Convention on Human Rights

Striking out applications

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ARTICLE 37

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.

European Convention on Human Rights

Striking out applications

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ARTICLE 37

2. The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.

European Convention on Human Rights

Examination of the case

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ARTICLE 38

The Court shall examine the case together with the representatives of the parties and, if need be, undertake an investigation, for the effective conduct of which the High Contracting Parties concerned shall furnish all necessary facilities.

European Convention on Human Rights

Friendly settlements

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ARTICLE 39

1. At any stage of the proceedings, the Court may 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.

European Convention on Human Rights

Friendly settlements

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ARTICLE 39

2. Proceedings conducted under paragraph 1 shall be confidential.

European Convention on Human Rights

Friendly settlements

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ARTICLE 39

3. 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.

European Convention on Human Rights

Friendly settlements

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ARTICLE 39

4. This decision shall be transmitted to the Committee of Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision.

European Convention on Human Rights

Public hearings and access to documents

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ARTICLE 40

1. Hearings shall be in public unless the Court in exceptional circumstances decides otherwise.

European Convention on Human Rights

Public hearings and access to documents

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ARTICLE 40

2. Documents deposited with the Registrar shall be accessible to the public unless the President of the Court decides otherwise.

European Convention on Human Rights

Just satisfaction

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ARTICLE 41

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.

European Convention on Human Rights

Judgments of Chambers

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ARTICLE 42

Judgments of Chambers shall become final in accordance with the provisions of Article 44, paragraph 2.

European Convention on Human Rights

Referral to the Grand Chamber

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ARTICLE 43

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.

European Convention on Human Rights

Referral to the Grand Chamber

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ARTICLE 43

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.

European Convention on Human Rights

Referral to the Grand Chamber

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ARTICLE 43

3. If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.

European Convention on Human Rights

Final judgments

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ARTICLE 44

1. The judgment of the Grand Chamber shall be final.

European Convention on Human Rights

Final judgments

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ARTICLE 44

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

European Convention on Human Rights

Final judgments

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ARTICLE 44

2. The judgment of a Chamber shall become final

(b) three months after the date of the judgment, if reference of the case to the Grand Chamber has not been requested, or

European Convention on Human Rights

Final judgments

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ARTICLE 44

2. The judgment of a Chamber shall become final

(c) when the panel of the Grand Chamber rejects the request to refer under Article 43.

European Convention on Human Rights

Final judgments

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ARTICLE 44

3. The final judgment shall be published.

European Convention on Human Rights

Reasons for judgments and decisions

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ARTICLE 45

1. Reasons shall be given for judgments as well as for decisions declaring applications admissible or inadmissible.

European Convention on Human Rights

Reasons for judgments and decisions

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ARTICLE 45

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.

European Convention on Human Rights

Binding force and execution of judgments

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ARTICLE 46

1. The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.

European Convention on Human Rights

Binding force and execution of judgments

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ARTICLE 46

2. The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.

European Convention on Human Rights

Binding force and execution of judgments

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ARTICLE 46

3. If the Committee of Ministers considers that the supervision of the execution of a final judgment is hindered by a problem of interpretation of the judgment, it may refer the matter to the Court for a ruling on the question of interpretation. A referral decision shall require a majority vote of two-thirds of the representatives entitled to sit on the committee.

European Convention on Human Rights

Binding force and execution of judgments

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ARTICLE 46

4. If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two-thirds of the representatives entitled to sit on the committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph1.

European Convention on Human Rights

Binding force and execution of judgments

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ARTICLE 46

5. If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court finds no violation of paragraph 1, it shall refer the case to the Committee of Ministers, which shall close its examination of the case.

European Convention on Human Rights

Advisory opinions

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ARTICLE 47

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.

European Convention on Human Rights

Advisory opinions

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ARTICLE 47

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.

European Convention on Human Rights

Advisory opinions

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ARTICLE 47

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.

European Convention on Human Rights

Advisory jurisdiction of the Court

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ARTICLE 48

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.

European Convention on Human Rights

Reasons for advisory opinions

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ARTICLE 49

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

European Convention on Human Rights

Reasons for advisory opinions

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ARTICLE 49

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.

European Convention on Human Rights

Reasons for advisory opinions

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ARTICLE 49

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

European Convention on Human Rights

Expenditure on the Court

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ARTICLE 50

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

European Convention on Human Rights

Privileges and immunities of judges

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ARTICLE 51

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.

European Convention on Human Rights

Inquiries by the Secretary General

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ARTICLE 52

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.

European Convention on Human Rights

Safeguard for existing human rights

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ARTICLE 53

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.

European Convention on Human Rights

Powers of the Committee of Ministers

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ARTICLE 54

Nothing in this Convention shall prejudice the powers conferred
on the Committee of Ministers by the Statute of the Council of
Europe.

European Convention on Human Rights

Exclusion of other means of dispute settlement

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ARTICLE 55

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.

European Convention on Human Rights

Territorial application

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ARTICLE 56

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.

European Convention on Human Rights

Territorial application

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ARTICLE 56

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.

European Convention on Human Rights

Territorial application

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ARTICLE 56

3. The provisions of this Convention shall be applied in such
territories with due regard, however, to local requirements.

European Convention on Human Rights

Territorial application

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ARTICLE 56

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.

European Convention on Human Rights

Reservations

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ARTICLE 57

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.

European Convention on Human Rights

Reservations

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ARTICLE 57

2. Any reservation made under this Article shall contain a brief
statement of the law concerned.

European Convention on Human Rights

Denunciation

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ARTICLE 58

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.

European Convention on Human Rights

Denunciation

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ARTICLE 58

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.

European Convention on Human Rights

Denunciation

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ARTICLE 58

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.

European Convention on Human Rights

Denunciation

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ARTICLE 58

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 Article56.

European Convention on Human Rights

Signature and ratification

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ARTICLE 59

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.

European Convention on Human Rights

Signature and ratification

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ARTICLE 59

2. The European Union may accede to this Convention.

European Convention on Human Rights

Signature and ratification

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ARTICLE 59

3. The present Convention shall come into force after the deposit
of ten instruments of ratification.

European Convention on Human Rights

Signature and ratification

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ARTICLE 59

4. As regards any signatory ratifying subsequently, the
Convention shall come into force at the date of the deposit of its
instrument of ratification.

European Convention on Human Rights

Signature and ratification

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ARTICLE 59

5. 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.

European Convention on Human Rights

Registry and rapporteurs

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ARTICLE 24

1. The Court shall have a Registry, the functions and organisation of which shall be laid down in the rules of the Court.

European Convention on Human Rights

Competence of single judges

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ARTICLE 27

1. A single judge may declare inadmissible or strike out of the Court’s list of cases an application submitted under Article 34, where such a decision can be taken without further examination.

European Convention on Human Rights

Relinquishment of jurisdiction to the Grand Chamber

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ARTICLE 30

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.

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