Autor/Autorin
Keine Autorendaten verfügbar.
The signatory Governments, members of the Council of Europe, having regard to the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948 Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948; whereas the purpose of this Declaration is to secure the universal and effective recognition and observance of the rights set forth therein; whereas the aim of the Council of Europe is to establish closer links between its members, and whereas one of the means of achieving this aim is the maintenance and development of human rights and fundamental freedoms; Reaffirming their profound faith in these fundamental freedoms, which are the basis of justice and peace in the world and which are best secured by a truly democratic political order and by a common understanding of and respect for the human rights which underlie these fundamental freedoms; Determined, as governments of European States inspired by the same spirit and sharing a common heritage of political traditions, ideals, respect for liberty and the rule of law, to take the first steps towards a collective guarantee of certain rights set forth in the Universal Declaration, have agreed as follows:
ARTICLE 1: Commitment to respect human rights
The High Contracting Parties shall secure to all persons within their jurisdiction the rights and freedoms set forth in Section I.
ARTICLE 2: Right to life
(1) The right to life of every human being shall be protected by law. No one shall be intentionally put to death except by execution of a sentence of death passed by a court for an offence for which the death penalty is provided by law.
(2) A killing shall not be regarded as a violation of this Article if it is caused by the use of force which is absolutely necessary to
(a) to defend someone against unlawful violence;
(b) lawfully arrest someone or prevent someone who is lawfully deprived of liberty from escaping;
(c) to lawfully suppress a riot or insurrection.
ARTICLE 3: Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
ARTICLE 4: Prohibition of slavery and forced labour
(1) No one shall be held in slavery or servitude.
(2) No one shall be compelled to perform forced or compulsory labour.
(3) The following shall not be considered forced or compulsory labour within the meaning of this Article
(a) labour normally required of a person who has been deprived of his liberty or conditionally released under the conditions set forth in Article 5;
(b) service of a military character or service substituted for compulsory military service in countries where conscientious objection is recognised;
(c) service required in the event of an emergency or disaster threatening the life or well-being of the community;
(d) work or service which is part of normal civic duty.
ARTICLE 5: Right to liberty and security
(1) Everyone has the right to liberty and security of person. Liberty may be deprived only in the following cases and only in the manner prescribed by law:
(a) lawful deprivation of liberty following conviction by a competent court;
(b) lawful arrest or deprivation of liberty for failure to comply with a lawful order of a court or to compel the fulfilment of a legal obligation;
(c) lawful arrest or detention for bringing before the competent judicial authority where there are reasonable grounds to suspect that the person concerned has committed an offence or where there are reasonable grounds to believe that it is necessary to prevent him from committing an offence or from absconding after having committed an offence;
(d) lawful detention of minors for the purpose of supervised education or for the purpose of bringing them before the competent authority;
(e) lawful deprivation of liberty with the aim of preventing the spread of infectious diseases, as well as in the case of mentally ill persons, alcoholics or drug addicts and vagrants;
(f) lawful arrest or detention to prevent unauthorised entry and of persons subject to deportation or extradition proceedings.
(2) Every arrested person must be informed of the reasons for his arrest and the charges against him within the shortest possible time and in a language he understands.
(3) Any person subject to arrest or detention under paragraph 1(c) shall be brought promptly before a judge or other person authorised by law to exercise judicial functions and shall be entitled to judgment within a reasonable time or to release during the proceedings. Release may be made dependent on the provision of security for the appearance in court.
(4) Any person who is arrested or deprived of liberty shall have the right to request that a court rule on the lawfulness of the deprivation of liberty within a short period of time and order his release if the deprivation of liberty is not lawful.
(5) Any person who is detained or deprived of liberty in violation of this Article shall be entitled to compensation.
ARTICLE 6: Right to a fair trial
(1) Everyone has the right to have disputes concerning his civil rights and obligations or criminal charges against him heard by an independent and impartial tribunal established by law, in a fair trial, in public and within a reasonable time. The judgement must be pronounced publicly; however, the press and the public may be excluded during all or part of the proceedings if this is in the interests of morality, public order or national security in a democratic society, if the interests of juveniles or the protection of the private lives of the parties to the proceedings so require or – if the court deems it absolutely necessary – if, in special circumstances, a public hearing would prejudice the interests of the administration of justice.
(2) Any person charged with a criminal offence shall be presumed innocent until proven guilty according to law.
(3) Every person charged with an offence shall have at least the following rights:
(a) To be informed in as short a time as possible, in a language which he understands, of the full particulars of the nature and cause of the accusation against him;
(b) to have sufficient time and opportunity to prepare his defence;
(c) to defend himself, to be defended by a defence counsel of his choice or, if he lacks the means to pay, to be assisted by a defence counsel free of charge if this is necessary in the interests of justice;
(d) to put questions or have questions put to prosecution witnesses and to obtain the summoning and examination of defence witnesses under the same conditions as apply to prosecution witnesses;
(e) to receive free assistance from an interpreter if they do not understand or speak the language of the court proceedings.
ARTICLE 7: No punishment without law
(1) No one shall be convicted of an act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor may a more severe penalty be imposed than that threatened at the time of commission
(2. Nothing in this Article shall prevent any person from being convicted of or punished for an act or omission which, at the time when it was committed, was punishable according to the general principles of law recognised by civilised nations.
ARTICLE 8: Right to respect for private and family life
(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
(2) A public authority may interfere with the exercise of this right only to the extent that such interference is provided for by law and is necessary in a democratic society in the interests of national security or public safety, for the economic well-being of the country, for the maintenance of law and order, for the prevention of criminal offences, for the protection of health or morals or for the protection of the rights and freedoms of others.
ARTICLE 9: Freedom of thought, conscience and religion
(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 individually or in community with others and in public or private, to manifest his religion or belief in worship, teaching or practice of customs and rites.
(2) Freedom to manifest one’s religion or belief shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
ARTICLE 10: Freedom of expression
(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. Nothing in this Article shall prevent States from requiring authorisation for radio, television or cinema broadcasting.
(2. The exercise of these freedoms shall involve obligations and responsibilities and may therefore 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 administration of justice.
ARTICLE 11: Freedom of assembly and association
(1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
(2. The exercise of these rights shall be subject only to such limitations 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 lawful exercise of these rights by members of the armed forces, the police or the administration of the State.
ARTICLE 12: Right to marry
Men and women of marriageable age shall have the right to marry and to found a family in accordance with the national laws governing the exercise of this right.
ARTICLE 13: Right to an effective remedy
Everyone whose rights and freedoms as recognised in this Convention have been violated shall have the right to make an effective complaint to a national authority, even if the violation has been committed by persons acting in an official capacity.
ARTICLE 14: Prohibition of discrimination
The enjoyment of the rights and freedoms recognised in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
ARTICLE 15: Derogation in the event of an emergency
(1) If the life of the nation is threatened by war or other public emergency, any High Contracting Party may take measures derogating from the obligations provided for in this Convention, but only to the extent strictly required by the situation and provided that such measures are not inconsistent with the Party’s other obligations under international law.
(2. By virtue of paragraph 1, derogation from Article 2 shall be permitted only in cases of death resulting from lawful acts of war and in no case from Article 3, Article 4, paragraph 1, and Article 7.
(3. Any High Contracting Party exercising this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe of the date on which such measures cease to have effect and the Convention resumes full application.
ARTICLE 16: Restrictions on the political activities of foreign persons
Nothing in Articles 10, 11 and 14 shall be construed as prohibiting the High Contracting Parties from restricting the political activities of foreign persons.
ARTICLE 17: Prohibition of abuse of rights
Nothing in this Convention shall be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at abrogating the rights and freedoms set forth in the Convention or at restricting them more severely than is provided for in the Convention.
ARTICLE 18: Limitation of restrictions of rights
The limitations on the rights and freedoms referred to in this Convention may be applied only for the purposes intended.
SECTION II
[…] regulates the establishment and organisation of the EUG f. Human Rights.
SECTION III
[…] regulates various provisions, inter alia, on the transposition of the Convention into positive national law, on national reservations, questions of interpretation, the territorial scope of application and on denunciation.
Paris, 20 March 1952
The signatory Governments, members of the Council of Europe, determined to take measures for the collective guarantee of certain rights and freedoms not yet included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), have agreed as follows:
ARTICLE 1: Protection of property
Every natural or legal person has the right to respect for his property. No one shall be deprived of his property except in the public interest and under the conditions laid down by law and by the general principles of international law. Paragraph 1 shall not, however, prejudice the right of the State to apply such laws as it deems necessary to regulate the use of property in accordance with the public interest or to secure the payment of taxes or other duties or penalties.
ARTICLE 2: Right to education
No one shall be denied the right to education. In the performance of its tasks in the field of education and teaching, the State shall respect the right of parents to ensure education and teaching in accordance with their own religious and philosophical convictions.
ARTICLE 3: Right to free elections
The High Contracting Parties undertake to hold free and secret elections at reasonable intervals under conditions which will ensure the free expression of the opinion of the people in the election of legislative bodies.
ARTICLE 4: Territorial application
Any High Contracting Party may, at the time of signature or ratification of this Protocol or at any later date, address to the Secretary General of the Council of Europe a declaration stating the extent to which it undertakes to apply this Protocol to the territories specified in the declaration and for whose international relations it is responsible. Any High Contracting Party which has made a declaration under paragraph 1 may at any time make a further declaration modifying the contents of a previous declaration or terminating the application of the provisions of this Protocol to any territory. A declaration made under this Article shall be deemed to be a declaration within the meaning of Article 56, paragraph 1, of the Convention.
ARTICLE 5: Relation to the Convention
The High Contracting Parties shall regard Articles 1, 2, 3 and 4 of this Protocol as additional Articles to the Convention and all the provisions of the Convention shall apply accordingly. ARTICLE 6 Signature and ratification This Protocol shall be open for signature by the members of the Council of Europe which are signatories to the Convention and shall be ratified at the same time as the Convention or at a later date. It shall enter into force after the deposit of ten instruments of ratification. For each signatory that ratifies the Protocol at a later date, it shall enter into force upon the deposit of its instrument of ratification. The instruments of ratification shall be deposited with the Secretary General of the Council of Europe, who shall notify all members of the names of those States which have ratified the Protocol. Done at Paris, this 20th day of March 1952, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory Governments.
Strasbourg, 16 September 1963
The signatory Governments, members of the Council of Europe, being resolved to take measures for the collective guarantee of certain rights and freedoms not already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”) and in Articles 1 to 3 of the First Additional Protocol to the Convention signed at Paris on 20 March 1952, have agreed as follows:
ARTICLE 1: Prohibition of deprivation of liberty on account of debt
No person shall be deprived of his liberty solely on the ground that he is unable to fulfil a contractual obligation.
ARTICLE 2: Freedom of movement
(1) Everyone lawfully resident in the territory of a State shall have the right to move freely within that territory and to choose his residence freely.
(2) Everyone shall be free to leave any country, including his own.
(3) The exercise of these rights shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of public order, for the prevention of criminal offences, for the protection of health or morals, or for the protection of the rights and freedoms of others.
(4. The rights recognised in paragraph 1 may also be subject to limitations in certain areas which are provided for by law and justified in a democratic society in the public interest.
ARTICLE 3: Prohibition of expulsion of own nationals
(1) No one may be expelled by an individual or collective measure from the territory of the State of which he is a national.
(2) No one shall be deprived of the right to enter the territory of the State of which he is a national.
ARTICLE 4: Prohibition of collective expulsion of foreign nationals
Collective expulsions of foreign nationals are not permitted.
ARTICLE 5 Territorial scope of application
(1. Any High Contracting Party may, at the time of signature or ratification of this Protocol or at any later date, address to the Secretary General of the Council of Europe a declaration stating the extent to which it undertakes to apply this Protocol to the territories specified in the declaration and for whose international relations it is responsible.
(2. Any High Contracting Party which has made a declaration in accordance with paragraph 1 may at any time make a further declaration modifying the contents of a previous declaration or terminating the application of the provisions of this Protocol to any territory.
(3. A declaration made under this Article shall be deemed to be a declaration within the meaning of Article 56, paragraph 1, of the Convention.
(4. The territory of a State to which this Protocol applies by virtue of ratification or acceptance by that State and any territory to which this Protocol applies by virtue of a declaration made by that State under this Article shall be regarded as separate territories in so far as Articles 2 and 3 refer to the territory of a State.
(5. Any State which has made a declaration under paragraph 1 or 2 may at any time thereafter declare, in respect of one or more of the territories specified in the declaration, that it accepts the jurisdiction of the Court to receive applications from natural persons, non-governmental organisations or groups of persons under Article 34 of the Convention in respect of Articles 1 to 4 of this Protocol as a whole or in respect of any of those Articles.
ARTICLE 6: Relationship with the Convention
The High Contracting Parties shall regard Articles 1 to 5 of this Protocol as additional Articles to the Convention and all the provisions of the Convention shall apply accordingly.
ARTICLE 7: Signature and ratification
(1. This Protocol shall be open for signature by the members of the Council of Europe which are signatories to the Convention and shall be ratified at the same time as the Convention or at a later date. It shall enter into force after five instruments of ratification have been deposited. For any signatory ratifying later, the Protocol shall enter into force upon the deposit of its instrument of ratification.
(2. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe, who shall notify all members of the names of those States which have ratified the Protocol. […].
Strasbourg, 28 April 1983
The member States of the Council of Europe signatory to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), considering that developments in various member States of the Council of Europe reflect a general tendency in favour of the abolition of the death penalty, have agreed as follows:
ARTICLE 1: Abolition of the death penalty
The death penalty shall be abolished. No one may be sentenced to this penalty or executed.
ARTICLE 2: Death penalty in times of war
A State may provide in its law for the death penalty for offences committed in time of war or imminent threat of war; this penalty may be applied only in cases provided for by law and in accordance with its provisions. The State shall communicate the relevant legislation to the Secretary General of the Council of Europe.
ARTICLE 3: Prohibition of derogation
No derogation from the provisions of this Protocol may be made in accordance with Article 15 of the Convention.
ARTICLE 4: Prohibition of reservations
Reservations under Article 57 of the Convention to provisions of this Protocol shall not be permitted.
ARTICLE 5: Territorial scope
(1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply.
(2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. The Protocol shall enter into force in respect of such territory on the first day of the month following the date of receipt of the declaration by the Secretary General.
(3. Any declaration made under paragraphs 1 and 2 may be withdrawn in respect of any territory specified therein by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the date of receipt of the notification by the Secretary General.
ARTICLE 6: Relation to the Convention
The Contracting States shall regard Articles 1 to 5 of this Protocol as additional Articles to the Convention and all the provisions of the Convention shall apply accordingly.
ARTICLE 7: Signature and ratification
This Protocol shall be open for signature by the member States of the Council of Europe which have signed the Convention. It shall be subject to ratification, acceptance or approval. A member State of the Council of Europe may ratify, accept or approve this Protocol only if it has ratified the Convention at the same time or ratified it earlier. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
ARTICLE 8: Entry into force
(1. This Protocol shall enter into force on the first day of the month following the date on which five member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with Article 7.
(2. In respect of any member State which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the date of deposit of the instrument of ratification, acceptance or approval.
ARTICLE 9: Tasks of the Depositary
[…].
Strasbourg, 22 November 1984
The member States of the Council of Europe signatory to this Protocol, determined to take further measures to ensure collectively certain rights and freedoms under the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), have agreed as follows:
ARTICLE 1: Procedural safeguards relating to the expulsion of aliens
(1) A foreign person lawfully in the territory of a State may be expelled therefrom only on the basis of a decision lawfully taken and shall be authorised (a) to present reasons against his expulsion, (b) to have his case examined, and (c) to be represented for that purpose before the competent authority or one or more persons designated by that authority.
2. A foreign person may be expelled before he has exercised his rights under paragraph 1(a), (b) and (c) if such expulsion is necessary in the interests of public policy or for reasons of national security.
ARTICLE 2: Appeals in criminal matters
(1) Anyone convicted of a criminal offence by a court shall have the right to have the judgment reviewed by a higher court. The exercise of this right and the grounds on which it may be exercised shall be governed by the law.
(2) Exceptions to this right are possible for offences of a minor nature, as specified by law, or in cases where the proceedings against a person have taken place in the first instance before the supreme court or where a person has been convicted following an appeal against his acquittal.
ARTICLE 3: Right to compensation for wrongful convictions
Where a person has been finally convicted of an offence and the conviction has subsequently been quashed or the person has been pardoned because a new or newly discovered fact conclusively proves that there has been a miscarriage of justice, he shall, if he has served a sentence under such a conviction, be compensated in accordance with the law or practice of the State concerned, unless it is proved that the failure to discover the fact in question in time was wholly or partly attributable to him.
ARTICLE 4: Right not to be tried or punished twice for the same criminal offence
(1) No one shall be liable to be tried or punished again in criminal proceedings in the same State for an offence for which he has already been finally convicted or acquitted in accordance with the law and criminal procedure of that State.
(2) Paragraph 1 shall not preclude retrial under the law and criminal procedure of the State concerned if there are new or newly discovered facts or if there are serious defects in the previous proceedings affecting the outcome of the trial. (3) This Article may not be derogated from under Article 15 of the Convention.
ARTICLE 5: Equal rights of spouses
With respect to marriage, during marriage and upon dissolution of marriage, spouses shall have equal rights and obligations under private law between themselves and in their relations with their children. This Article shall not prevent States from taking the necessary measures in the interests of the children.
ARTICLE 6: Territorial application
(1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply and the extent to which it undertakes to apply this Protocol to those territories. […].
ARTICLE 7: Relationship with the Convention
The Contracting States shall regard Articles 1 to 6 of this Protocol as additional Articles to the Convention and all the provisions of the Convention shall apply accordingly.
ARTICLE 8: Signature and ratification
This Protocol shall be open for signature by the member States of the Council of Europe which have signed the Convention. It shall be subject to ratification, acceptance or approval. A member State of the Council of Europe may ratify, accept or approve this Protocol only if it has ratified the Convention at the same time or ratified it earlier. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
ARTICLE 9: Entry into force
(1. This Protocol shall enter into force on the first day of the month following the expiration of a period of two months after the date on which seven member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 8.
(2. In respect of any member State which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of two months after the date of deposit of the instrument of ratification, acceptance or approval.
ARTICLE 10: Duties of the Depositary
[…]
Rome, 4 November 2000
The member States of the Council of Europe, signatory to this Protocol, mindful of the fundamental principle that all persons are equal before the law and are entitled to equal protection of the law, and determined to take further measures to promote the equal rights of all persons through the collective enforcement of a general prohibition of discrimination by the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 (hereinafter referred to as “the Convention”), hereby ratify the Protocol. Having regard to the fact that the principle of non-discrimination does not prevent States Parties from taking measures to promote full and effective equality, provided that there is an objective and reasonable justification for such measures, have agreed as follows:
ARTICLE 1: General prohibition of discrimination
(1) The enjoyment of every right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
(2) No person shall be discriminated against by any public authority, in particular on any of the grounds referred to in paragraph 1.
[…].
ARTICLE 2: Territorial scope of application
[…]
Vilnius, 3 May 2002
The member States of the Council of Europe signatory to this Protocol, convinced that, in a democratic society, the right to life of every human being is a fundamental value and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings; desiring to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 (hereinafter referred to as the “Convention”). Desiring to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (hereinafter referred to as “the Convention”); Considering that Protocol No. 6 to the Convention on the Abolition of the Death Penalty, signed in Strasbourg on 28 April 1983, does not exclude the death penalty for acts committed in time of war or imminent threat of war; Determined to take the final step towards the complete abolition of the death penalty, have agreed as follows:
ARTICLE 1: Abolition of the death penalty
The death penalty shall be abolished. No one may be sentenced to this penalty or executed.
ARTICLE 2: Prohibition of deviation
No derogation from the provisions of this Protocol may be made in accordance with Article 15 of the Convention.
ARTICLE 3 Prohibition of reservations: No reservations may be made to this Protocol under Article 57 of the Convention.
[…].
Done at Vilnius, this 3rd day of May 2002, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.