The European Convention on Human Rights (ECHR)

The signatory governments, members of the Council of Europe,

Considering the Universal Declaration of Human Rights, proclaimed by the General Assembly of the United Nations on December 10, 1948;

Considering that this declaration seeks to ensure the universal and effective recognition and application of the rights set forth therein;

Considering that the aim of the Council of Europe is to achieve greater unity between its members, and that one of the means of achieving this aim is the safeguarding and development of human rights and fundamental freedoms;

Reaffirming their deep attachment to these fundamental freedoms which constitute the very foundations of justice and peace in the world and the maintenance of which depends essentially on a truly democratic political system, on the one hand, and, on the other, on a common understanding and common respect for the human rights to which they claim;

Determined, as governments of like-minded European states possessing a common heritage of political ideals and traditions, of respect for freedom and the rule of law, to take the first steps to ensure the guarantee group of some of the rights set out in the Universal Declaration,

Have agreed as follows:

Article 1 – Obligation to respect human rights ¹

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

Article 2 – Right to life ¹

1. Everyone's right to life is protected by law. Death cannot be intentionally inflicted on anyone, except in execution of a death sentence pronounced by a court in the event that the offense is punishable by law.
2. Death is not considered to be inflicted in violation of this article in cases where it results from the use of force made absolutely necessary:
   1. to ensure the defense of any person against unlawful violence;
   2. to effect a lawful arrest or to prevent the escape of a person lawfully detained;
   3. to repress, in accordance with the law, a riot or an insurrection.

Article 3 – Prohibition of torture ¹

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

Article 4 – Prohibition of slavery and forced labor ¹

1. No one may be held in slavery or servitude.
2. No one may be compelled to perform forced or compulsory labour.
3. The following shall not be considered as "forced or compulsory labour" within the meaning of this article:
   1. any work normally required of a person subject to detention under the conditions provided for in Article 5 of this Convention, or during his conditional release;
   2. any service of a military character or, in the case of conscientious objectors in countries where conscientious objection is recognized as legitimate, to another service instead of compulsory military service;
   3. any service required in the event of crises or calamities which threaten the life or well-being of the community;
   4. any work or service forming part of normal civic obligations.

Article 5 – Right to liberty and security ¹

1. Everyone has the right to liberty and security. No one may be deprived of his freedom, except in the following cases and according to legal means:
   1. if he is lawfully detained after conviction by a competent court;
   2. if he has been lawfully arrested or detained for non-compliance with an order made according to law by a court or in order to secure the performance of an obligation prescribed by law;
   3. if he has been arrested and detained with a view to bringing him before the competent judicial authority, where there are reasonable grounds to suspect that he has committed an offense or there are reasonable grounds to believe that the need to prevent him from committing an offense or from absconding after the commission of it;
   4. if it concerns the regular detention of a minor, decided for his supervised education or his regular detention, in order to bring him before the competent authority;
   5. if it concerns the regular detention of a person likely to spread a contagious disease, of a lunatic, an alcoholic, a drug addict or a vagrant;
   6. if it is the lawful arrest or detention of a person to prevent him from entering the territory irregularly, or against which a procedure of expulsion or extradition is in progress.
2. Anyone arrested must be informed, as soon as possible and in a language they understand, of the reasons for their arrest and of any charges brought against them.
3. Any person arrested or detained, under the conditions provided for in paragraph 1.c of this article, must be promptly brought before a judge or other magistrate empowered by law to exercise judicial functions and has the right to be tried within a reasonable, or released during the proceedings. Release may be subject to a guarantee ensuring the appearance of the person concerned at the hearing.
4. Any person deprived of his liberty by arrest or detention has the right to appeal to a court, so that it can rule speedily on the lawfulness of his detention and order his release if the detention is unlawful.
5. Any person who is the victim of an arrest or detention in conditions contrary to the provisions of this article has the right to compensation.

Article 6 – Right to a fair trial ¹

1. Everyone has the right to have their case heard fairly, publicly and within a reasonable time by an independent and impartial tribunal, established by law, which will decide either disputes over their civil rights and obligations, or the - substantiated of any criminal charge against him. Judgment must be rendered publicly, but the press and the public may be closed to the courtroom during all or part of the trial in the interest of morality, public order or national security in a democratic society, when the interests of minors or the protection of the privacy of the parties to the proceedings so require, or to the extent deemed strictly necessary by the court, when in special circumstances publicity would be likely to prejudice to the interests of justice.
2. Anyone charged with an offense is presumed innocent until proven guilty according to law.
3. Any defendant has the right, in particular, to:
   1. to be informed promptly, in a language he understands and in detail, of the nature and cause of the charge against him;
   2. have the time and facilities necessary for the preparation of his defence;
   3. defend himself or have the assistance of a defender of his choice and, if he does not have the means to pay a defender, be able to be assisted free of charge by an official lawyer, when the interests of justice require it;
   4. examine or have examined witnesses against him and obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
   5. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7 – No punishment without law ¹

1. No one may be condemned for an action or omission which, at the time it was committed, did not constitute an offense under national or international law. Similarly, no penalty is imposed greater than that which was applicable at the time the offense was committed.
2. This article shall not affect the trial and punishment of any person guilty of any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the civilized nations.

Article 8 – Right to respect for private and family life ¹

1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There may be interference by a public authority with the exercise of this right only insofar as such interference is prescribed by law and constitutes a measure which, in a democratic society, is necessary for national security, public safety, the economic well-being of the country, the preservation of order and the prevention of criminal offences, the protection of health or morals, or the protection of the rights and freedoms of others .

Article 9 – Freedom of thought, conscience and religion ¹

1. Everyone has the right to freedom of thought, conscience and religion; this right implies the freedom to change one's religion or belief, as well as the freedom to manifest one's religion or belief individually or collectively, in public or in private, through worship, teaching, practices and the performance of rites .
2. The freedom to manifest one's religion or beliefs may not be subject to restrictions other than those which, provided for by law, constitute measures necessary, in a democratic society, for public security, the protection of public order , public health or morals, or the protection of the rights and freedoms of others.

Article 10 – Freedom of expression ¹

1. Everyone has the right to freedom of expression. This right includes the freedom of opinion and the freedom to receive or impart information or ideas without interference by public authorities and regardless of frontiers. This article does not prevent States from subjecting radio, film or television undertakings to a licensing regime.
2. The exercise of these freedoms entailing duties and responsibilities may be subject to certain formalities, conditions, restrictions or sanctions provided for by law, which constitute necessary measures, in a democratic society, for national security, territorial integrity or public safety, the prevention of order and the prevention of crime, the protection of health or morals, the protection of the reputation or the rights of others, to prevent the disclosure of confidential information or to guarantee the authority and impartiality of the judiciary.

Article 11 – Freedom of assembly and association ¹

1. Everyone has the right to freedom of peaceful assembly and freedom of association, including the right to form trade unions with others and to join trade unions for the defense of their interests.
2. The exercise of these rights may not be subject to restrictions other than those which, provided for by law, constitute necessary measures, in a democratic society, for national security, public safety, the defense of the order and the prevention of crime, the protection of health or morals, or the protection of the rights and freedoms of others. This article does not prohibit the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, the police or the administration of the State.

Article 12 – Right to marry ¹

From marriageable age, men and women have the right to marry and to found a family according to the national laws governing the exercise of this right.

Article 13 – Right to an effective remedy ¹

Anyone whose rights and freedoms recognized in this Convention have been violated has the right to an effective remedy before a national authority, even where the violation was committed by persons acting in the exercise of their official functions.

Article 14 – Prohibition of discrimination ¹

Enjoyment of the rights and freedoms recognized in this Convention shall be ensured without distinction of any kind, based in particular on sex, race, colour, language, religion, political opinions or any other opinions, national origin or social status, membership of a national minority, wealth, birth or any other status.

Article 15 – Derogation in the event of a state of emergency ¹

1. In the event of war or other public emergency threatening the life of the nation, any High Contracting Party may take measures derogating from the obligations provided for in this Convention, insofar as the situation so requires and on the condition that these measures do not conflict with other obligations under international law.
2. The preceding provision does not authorize any derogation from article 2, except for the case of death resulting from lawful acts of war, and from articles 3, 4 (paragraph 1) and 7.
3. Any High Contracting Party which exercises this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures taken and the reasons for them. It must also inform the Secretary General of the Council of Europe of the date on which these measures have ceased to be in force and the provisions of the Convention are again being fully applied.

Article 16 – Restrictions on the political activity of foreigners ¹

None of the provisions of Articles 10, 11 and 14 can be considered as prohibiting the High Contracting Parties from imposing restrictions on the political activity of foreigners.

Article 17 – Prohibition of abuse of rights ¹

None of the provisions of this Convention may be interpreted as implying for a State, a group or an individual, any right whatsoever to engage in an activity or to perform an act aimed at the destruction of the rights or freedoms recognized in this Convention or to wider limitations of these rights and freedoms than those provided for in the said Convention.

Article 18 – Limitation on the use of restrictions on rights ¹

The restrictions which, under the terms of this Convention, are imposed on the said rights and freedoms may only be applied for the purpose for which they were provided.

Article 19 – Establishment of the Court

In order to ensure compliance with the commitments resulting for the High Contracting Parties from this Convention and its protocols, a European Court of Human Rights, hereinafter called "the Court", is hereby established. It works permanently.

Article 20 – Number of judges

The Court is composed of a number of judges equal to that of the High Contracting Parties.

Article 21 – Conditions for the exercise of functions

1. Judges must enjoy the highest moral consideration and meet the conditions required for the exercise of high judicial functions or be jurisconsults of recognized competence.
2. Judges sit on the Court in their individual capacity.
3. During their term of office, judges may not engage in any activity incompatible with the requirements of independence, impartiality or availability required by a full-time activity; any question arising under this paragraph shall be decided by the Court.

Article 22 – Election of judges

1. The judges are elected by the Parliamentary Assembly in respect of each High Contracting Party, by a majority of the votes cast, from a list of three candidates presented by the High Contracting Party.
2. The same procedure is followed to complete the Court in the event of the accession of new High Contracting Parties and to fill the seats which have become vacant.

Article 23 – Term of office

1. Judges are elected for a term of six years. They are re-eligible. However, the terms of half of the judges appointed in the first election will expire after three years.
2. The judges whose mandate will end at the end of the initial period of three years are appointed by lot by the Secretary General of the Council of Europe, immediately after their election.
3. In order to ensure, as far as possible, the renewal of the mandates of half of the judges every three years, the Parliamentary Assembly may, before proceeding to any subsequent election, decide that one or more mandates of the judges to be to elect will have a duration other than that of six years, without however being able to exceed nine years or be less than three years.
4. In the event that it is necessary to confer several mandates and where the Parliamentary Assembly applies the preceding paragraph, the distribution of the mandates takes place according to a drawing of lots carried out by the Secretary General of the Council of Europe immediately after the 'election.
5. The judge elected to replace a judge whose mandate has not expired completes the mandate of his predecessor.
6. The term of office of judges ends when they reach the age of 70.
7. The judges remain in office until replaced. However, they continue to deal with cases that are already before them.

Article 24 – Revocation

A judge can only be relieved of his duties if the other judges decide, by a two-thirds majority, that he has ceased to meet the required conditions.

Article 25 – Registry and secretaries

The Court has a Registry whose tasks and organization are determined by the Rules of Court. She is assisted by referendaries.

Article 26 – Plenary Court

The Court meeting in Plenary Assembly:

1. elects, for a term of three years, its president and one or two vice-presidents; they are eligible for re-election;
2. constitutes Chambers for a fixed period;
3. elects the Presidents of the Chambers of the Court, who are eligible for re-election;
4. adopts the Rules of Court, and
5. elects the Registrar and one or more Deputy Registrars.

Article 27 – Committees, Chambers and Grand Chamber

1. For the examination of cases brought before it, the Court sits in Committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Chambers of the Court constitute the committees for a determined period.
2. The judge elected in respect of a State Party to the dispute is a member by right of the Chamber and of the Grand Chamber; in the absence of that judge, or when he is unable to sit, that State Party shall designate a person to sit as a judge.
3. The Grand Chamber also includes the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges appointed in accordance with the Rules of Court. When the case is referred to the Grand Chamber under Rule 43, no judge of the Chamber who delivered the judgment may sit there, with the exception of the President of the Chamber and the judge who sat as of the State Party concerned.

Article 28 – Declarations of inadmissibility by committees

A committee may, by unanimous vote, declare inadmissible or strike out of the list an individual complaint submitted under Article 34 when such a decision can be taken without further examination. The decision is final.

Article 29 – Decisions of Chambers on admissibility and merits

1. If no decision has been taken under Rule 28, a Chamber decides on the admissibility and merits of individual applications filed under Rule 34.
2. A Chamber decides on the admissibility and merits of state applications submitted under Article 33.
3. Unless otherwise decided by the Court in exceptional cases, the decision on admissibility is taken separately.

Article 30 – Relinquishment in favor of the Grand Chamber

If the case pending before a Chamber raises a serious question relating to the interpretation of the Convention or its protocols, or if the solution of a question may lead to a contradiction with a judgment previously delivered by the Court, the Chamber may , until it has delivered its judgment, decline jurisdiction in favor of the Grand Chamber, unless one of the parties objects.

Article 31 – Powers of the Grand Chamber

The Grand Chamber:

1. decides on motions brought under Rule 33 or Rule 34 when the case has been referred to it by the Chamber under Rule 30 or when the case has been referred to it under 43; And
2. examine requests for advisory opinions submitted under Article 47.

Article 32 – Jurisdiction of the Court

1. The jurisdiction of the Court extends to all questions concerning the interpretation and application of the Convention and its protocols which are submitted to it under the conditions provided for in Articles 33, 34 and 47.
2. If there is a dispute as to whether the Court has jurisdiction, the Court decides.

Article 33 – Interstate affairs

Any High Contracting Party may bring before the Court any breach of the provisions of the Convention and its protocols which it believes can be imputed to another High Contracting Party.

Article 34 – Individual requests

Table of Declarations relating to former Articles 25 and 46 of the ECHR

The Court may receive an application from any natural person, any non-governmental organization or any group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights recognized in the Convention or its protocols. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

Article 35 – Conditions of admissibility

1. The Court can only be seized after the exhaustion of domestic remedies, as understood by generally recognized principles of international law, and within a period of six months from the date of the final domestic decision. .
2. The Court shall not accept any individual application lodged pursuant to Article 34 where:
   1. it is anonymous; Where
   2. it is essentially the same as an application previously examined by the Court or already submitted to another procedure of international investigation or settlement, and if it contains no new facts.
3. The Court declares inadmissible any individual application lodged pursuant to Article 34, where it considers the application incompatible with the provisions of the Convention or its protocols, manifestly ill-founded or abusive.
4. The Court shall reject any application which it considers inadmissible by application of this article. It may do so at any stage of the procedure.

Article 36 – Third party intervention

1. In any case before a Chamber or the Grand Chamber, a High Contracting Party whose national is an applicant has the right to submit written observations and to take part in the hearings.
2. In the interest of the proper administration of justice, the President of the Court may invite any High Contracting Party which is not a party to the proceedings or any interested person other than the applicant to submit written observations or to take attend hearings.

Article 37 – Cancellation

1. At any time during the proceedings, the Court may decide to strike a request out of the list when the circumstances make it possible to conclude:
   1. that the applicant no longer intends to maintain it; Or
   2. that the dispute has been resolved; Where
   3. that, for any other reason established by the Court, it is no longer justified to pursue the examination of the application.
2. However, the Court continues to examine the application if respect for the human rights guaranteed by the Convention and its protocols so requires.
3. The Court may decide to re-register an application when it considers that the circumstances justify it.

Article 38 – Adversarial examination of the case and friendly settlement procedure

1. If the Court declares an application admissible, it:
   1. continues the examination of the case with the representatives of the parties and, if necessary, conducts an investigation for the effective conduct of which the States concerned will provide all necessary facilities;
   2. makes itself available to those concerned with a view to reaching an amicable settlement of the case based on respect for human rights as recognized by the Convention and its protocols.
2. The procedure described in paragraph 1.b is confidential.

Article 39 – Conclusion of a friendly settlement

In the event of an amicable settlement, the Court strikes the case out of the list by a decision which is limited to a brief statement of the facts and the solution adopted.

Article 40 – Public hearing and access to documents

1. The hearing is public unless the Court decides otherwise due to exceptional circumstances.
2. Documents filed with the Registry are accessible to the public unless the President of the Court decides otherwise.

Article 41 – Just satisfaction

If the Court declares that there has been a violation of the Convention or its protocols, and if the internal law of the High Contracting Party allows only partial reparation of the consequences of this violation, the Court shall grant the injured party , where appropriate, just satisfaction.

Article 42 – Judgments of Chambers

The judgments of the Chambers become final in accordance with the provisions of Article 44, paragraph 2.

Article 43 – Referral to the Grand Chamber

1. Within three months of the date of the judgment of a Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber.
2. A bench of five judges of the Grand Chamber accepts the request if the case raises a serious question relating to the interpretation or application of the Convention or its protocols, or a serious question of a general nature.
3. If the college accepts the request, the Grand Chamber rules on the case in a judgment.

Article 44 – Final judgments

1. The judgment of the Grand Chamber is final.
2. The judgment of a Chamber becomes final:
   1. when the parties declare that they will not request the referral of the case to the Grand Chamber; Or
   2. three months after the date of the judgment, if referral of the case to the Grand Chamber has not been requested; Or
   3. when the panel of the Grand Chamber rejects the request for referral made pursuant to Article 43.
3. The final judgment is published.

Article 45 – Reasons for judgments and decisions

1. Judgments, as well as decisions declaring applications admissible or inadmissible, are reasoned.
2. If the judgment does not express, in whole or in part, the unanimous opinion of the judges, any judge has the right to append to it the statement of his separate opinion.

Article 46 – Binding force and execution of judgments

1. The High Contracting Parties undertake to comply with the final judgments of the Court in disputes to which they are parties.
2. The final judgment of the Court is transmitted to the Committee of Ministers which supervises its execution.

Article 47 – 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 its protocols.
2. These opinions may not relate either to questions relating to the content or scope of the rights and freedoms defined in Section I of the Convention and in the protocols or to other questions which the Court or the Committee of Ministers may have to consider. following the introduction of an appeal provided for by the Convention.
3. The decision of the Committee of Ministers to request an opinion from the Court is taken by a majority vote of the representatives entitled to sit on the Committee.

Article 48 – Advisory jurisdiction of the Court

Article 49 – Grounds for advisory opinions

1. The opinion of the Court is reasoned.
2. If the opinion does not express, in whole or in part, the unanimous opinion of the judges, any judge has the right to attach thereto the statement of his separate opinion.
3. The opinion of the Court is forwarded to the Committee of Ministers.

Article 50 – Operating costs of the Court

The operating costs of the Court are borne by the Council of Europe.

Article 51 – Privileges and immunities of judges

Judges shall enjoy, during the exercise of their functions, the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements concluded under this article.

Article 52 – Inquiries by the Secretary General ¹

Each High Contracting Party shall, at the request of the Secretary General of the Council of Europe, provide the required explanations on the manner in which its internal law ensures the effective application of all the provisions of this Convention.

Article 53 – Safeguarding recognized human rights ¹

Nothing in this Convention shall be construed as limiting or impairing any human rights and fundamental freedoms which may be recognized under the laws of any Contracting Party or under any other Convention to which that Contracting Party is a party.

Article 54 – Powers of the Committee of Ministers ¹

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

Article 55 – Waiver of other methods of dispute resolution ¹

The High Contracting Parties reciprocally waive, except by special agreement, the right to avail themselves of treaties, conventions or declarations existing between them, with a view to submitting, by way of petition, a dispute arising from the interpretation or application of this Convention. to a method of payment other than those provided for in the said Agreement.

Article 56 – Territorial application ¹

1. ⁴Any State may, at the time of ratification or at any time thereafter, declare, by notification addressed to the Secretary General of the Council of Europe, that this Convention shall apply, subject to paragraph 4 of this article, to all or any of the territories for whose international relations it is responsible.
2. The Convention will apply to the territory or territories specified in the notification from the thirtieth day following the date on which the Secretary General of the Council of Europe receives this notification.
3. In the said territories, the provisions of this Convention shall be applied taking into account local requirements.
4. ⁴Any State which has made a declaration in accordance with the first paragraph of this article may at any time thereafter declare with respect to one or more of the territories referred to in such declaration that it accepts the jurisdiction of the Court to entertain petitions for natural persons, non-governmental organizations or groups of individuals, as provided for in article 34 of the Convention.

Article 57 – Reservations ¹

1. Any State may, when signing this Convention or when depositing its instrument of ratification, make a reservation in respect of a particular provision of the Convention, insofar as a law then in force in its territory does not does not comply with this provision. Reservations of a general nature are not permitted under this article.
2. Any reservation made in accordance with this article shall include a brief statement of the law in question.

Article 58 – Denunciation ¹

1. A High Contracting Party may denounce this Convention only after the expiration of a period of five years from the date of entry into force of the Convention for it and subject to six months' notice, given by a notification addressed to the Secretary General of the Council of Europe, who shall inform the other Contracting Parties thereof.
2. Such denunciation shall not have the effect of releasing the High Contracting Party concerned from the obligations contained in this Convention with regard to any act which, which could constitute a breach of these obligations, would have been performed by it prior to the date on which the denunciation product effect.
3. Subject to the same reservation, any Contracting Party which ceases to be a member of the Council of Europe shall cease to be a Party to this Convention.
4. ⁴The Convention may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared applicable under the terms of Article 56.

Article 59 – Signature and ratification ¹

1. This Convention is open for signature by the members of the Council of Europe. It will be ratified. Ratifications shall be deposited with the Secretary General of the Council of Europe.
2. This Convention shall enter into force after the deposit of ten instruments of ratification.
3. For any signatory who subsequently ratifies it, the Convention will enter into force upon deposit of the instrument of ratification.
4. The Secretary General of the Council of Europe shall notify all members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties which have ratified it, and the deposit of any instrument of ratification. intervened later.

Done at Rome, this 4th day of November 1950, 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 will communicate certified copies to all signatories.

Notes:

1. Title added in accordance with the provisions of Protocol No. 11 (ETS No. 155).
2. New Title II in accordance with the provisions of Protocol No. 11 (ETS No. 155).
3. The articles of this Title are renumbered in accordance with the provisions of Protocol No. 11 (ETS No. 155).
4. Text amended in accordance with the provisions of Protocol No. 11 (ETS No. 155).

(source: Council of Europe)