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European Convention

on Human Rights

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European

Convention

on Human

Rights

as amended by Protocols Nos. 11

and 14

supplemented by Protocols Nos. 1, 4,

6, 7, 12 and 13

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The text of the Convention is presented as amended by the

provisions of Protocol No. 14 (CETS no. 194) as from its entry into

force on 1 June 2010. The text of the Convention had previously

been amended according to the provisions of Protocol No. 3

(ETS no. 45), which entered into force on 21 September 1970,

of Protocol No. 5 (ETS no. 55), which entered into force

on 20 December 1971, and of Protocol No. 8 (ETS no. 118),

which entered into force on 1 January 1990, and comprised also

the text of Protocol No. 2 (ETS no. 44) which, in accordance with

Article 5 § 3 thereof, had been an integral part of the Convention

since its entry into force on 21 September 1970. All provisions

which had been amended or added by these Protocols were

replaced by Protocol No. 11 (ETS no. 155), as from the date

of its entry into force on 1 November 1998. As from that date,

Protocol No. 9 (ETS no. 140), which entered into force

on 1 October 1994, was repealed and Protocol No. 10

(ETS no. 146) lost its purpose.

The current state of signatures and ratiﬁcations of the Convention

and its Protocols as well as the complete list of declarations and

reservations are available at www.conventions.coe.int.

Only the English and French versions of the Convention are authentic.

European Court of Human Rights

Council of Europe

F-67075 Strasbourg cedex

www.echr.coe.int

CONTENTS

Convention for the Protection of Human Rights

and Fundamental Freedoms ............................................5

Protocol ......................................................................31

Protocol No. 4.............................................................34

Protocol No. 6.............................................................38

Protocol No. 7.............................................................42

Protocol No. 12...........................................................48

Protocol No. 13...........................................................52

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Convention for the Protection

of Human Rights

and Fundamental Freedoms

Rome, 4.XI.1950

overnmenTs

siGnaTory

hereTo

, being members of the Council

of Europe,

Considering the Universal Declaration of Human Rights

proclaimed by the General Assembly of the United Nations on

10th December 1948;

Considering that this Declaration aims at securing the universal

and effective recognition and observance of the Rights therein

declared;

Considering that the aim of the Council of Europe is the achievement

of greater unity between its members and that one of the methods

by which that aim is to be pursued is the maintenance and further

realisation of Human Rights and Fundamental Freedoms;

Reafﬁrming their profound belief in those fundamental freedoms

which are the foundation of justice and peace in the world and

are best maintained on the one hand by an effective political

democracy and on the other by a common understanding and

observance of the Human Rights upon which they depend;

Being resolved, as the governments of European countries

which are likeminded and have a common heritage of political

traditions, ideals, freedom and the rule of law, to take the ﬁrst

steps for the collective enforcement of certain of the rights stated

in the Universal Declaration,

Have agreed as follows:

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ARTICLE 1

Obligation to respect Human Rights

The High Contracting Parties shall secure to everyone within their

jurisdiction the rights and freedoms deﬁned in Section I of this

Convention.

SECTION I

RIGHTS AND FREEDOMS

ARTICLE 2

Right to life

1. Everyone’s right to life shall be protected by law. No one

shall be deprived of his life intentionally save in the execution of

a sentence of a court following his conviction of a crime for which

this penalty is provided by law.

2. Deprivation of life shall not be regarded as inﬂicted in

contravention of this Article when it results from the use of force

which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape

of a person lawfully detained;

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 required to perform forced or compulsory

labour.

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 Article 5

of this Convention or during conditional release from

such detention;

(b) any service of a military character or, in case of

conscientious objectors in countries where they are

recognised, service exacted instead of compulsory

military service;

threatening the life or wellbeing of the community;

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

obligations.

ARTICLE 5

Right to liberty and security

1. Everyone has the right to liberty and security of person. No

one shall be deprived of his liberty save in the following cases and

in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a

competent court;

(b) the lawful arrest or detention of a person for noncompliance

with the lawful order of a court or in order to secure the

fulﬁlment of any obligation prescribed by law;

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the purpose of bringing him before the competent legal

authority on reasonable suspicion of having committed

an offence or when it is reasonably considered necessary

to prevent his committing an offence or ﬂeeing after

having done so;

(d) the detention of a minor by lawful order for the purpose

of educational supervision or his lawful detention for

the purpose of bringing him before the competent legal

authority;

(e) the lawful detention of persons for the prevention of the

spreading of infectious diseases, of persons of unsound

mind, alcoholics or drug addicts or vagrants;

(f) the lawful arrest or detention of a person to prevent his

effecting an unauthorised entry into the country or of a

person against whom action is being taken with a view

to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in a

language which he understands, of the reasons for his arrest and

of any charge against him.

3. Everyone arrested or detained in accordance with the

provisions of paragraph 1 (c) of this Article shall be brought

promptly before a judge or other ofﬁcer authorised by law to

exercise judicial power and shall be entitled to trial within a

reasonable time or to release pending trial. Release may be

conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention

shall be entitled to take proceedings by which the lawfulness of

his detention shall be decided speedily by a court and his release

ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention

in contravention of the provisions of this Article shall have an

enforceable right to compensation.

ARTICLE 6

Right to a fair trial

1. In the determination of his civil rights and obligations or of

any criminal charge against him, everyone is entitled to a fair

and public hearing within a reasonable time by an independent

and impartial tribunal established by law. Judgment shall be

pronounced publicly but the press and public may be excluded

from all or part of the trial in the interests of morals, public order

or national security in a democratic society, where the interests

of juveniles or the protection of the private life of the parties so

require, or to the extent strictly necessary in the opinion of the

court in special circumstances where publicity would prejudice the

interests of justice.

2. Everyone charged with a criminal offence shall be presumed

innocent until proved guilty according to law.

3. Everyone charged with a criminal offence has the following

minimum rights:

(a) to be informed promptly, in a language which he

understands and in detail, of the nature and cause of the

accusation against him;

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

his defence;

his own choosing or, if he has not sufﬁcient means to pay

for legal assistance, to be given it free when the interests

of justice so require;

(d) to examine or have examined witnesses against him and

to obtain the attendance and examination of witnesses on

his behalf under the same conditions as witnesses against

him;

(e) to have the free assistance of an interpreter if he cannot

understand or speak the language used in court.

ARTICLE 7

No punishment without law

1. No one shall be held guilty of any criminal offence on

account of any act or omission which did not constitute a criminal

offence under national or international law at the time when it

was committed. Nor shall a heavier penalty be imposed than

the one that was applicable at the time the criminal offence was

committed.

2. This Article shall not prejudice the trial and punishment of

any person for any act or omission which, at the time when it was

committed, was criminal according to the general principles of

law recognised by civilised nations.

ARTICLE 8

Right to respect for private and family life

1. Everyone has the right to respect for his private and family

life, his home and his correspondence.

2. There shall be no interference by a public authority with the

exercise of this right except such as is in accordance with the

law and is necessary in a democratic society in the interests of

national security, public safety or the economic wellbeing of the

country, for the prevention of disorder or crime, for the protection

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

of others.

ARTICLE 9

Freedom of thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience

and religion; this right includes freedom to change his religion or

belief and freedom, either alone or in community with others and

in public or private, to manifest his religion or belief, in worship,

teaching, practice and observance.

2. Freedom to manifest one’s religion or beliefs shall be

subject only to such limitations as are prescribed by law and are

necessary in a democratic society in the interests of public safety,

for the protection of public order, health or morals, or for the

protection of the rights and freedoms of others.

ARTICLE 10

Freedom of expression

1. Everyone has the right to freedom of expression. This right

shall include freedom to hold opinions and to receive and impart

information and ideas without interference by public authority

and regardless of frontiers. This Article shall not prevent States

from requiring the licensing of broadcasting, television or cinema

enterprises.

2. The exercise of these freedoms, since it carries with it

duties and responsibilities, may be subject to such formalities,

conditions, restrictions or penalties as are prescribed by law and

are necessary in a democratic society, in the interests of national

security, territorial integrity or public safety, for the prevention

of disorder or crime, for the protection of health or morals, for

the protection of the reputation or rights of others, for preventing

the disclosure of information received in conﬁdence, or for

maintaining the authority and impartiality of the judiciary.

ARTICLE 11

Freedom of assembly and association

1. Everyone has the right to freedom of peaceful assembly and

to freedom of association with others, including the right to form

and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights

other than such as are prescribed by law and are necessary in

a democratic society in the interests of national security or public

safety, for the prevention of disorder or crime, for the protection

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

of others. This Article shall not prevent the imposition of lawful

restrictions on the exercise of these rights by members of the

armed forces, of the police or of the administration of the State.

ARTICLE 12

Right to marry

Men and women of marriageable age have the right to marry and

to found a family, according to the national laws governing the

exercise of this right.

ARTICLE 13

Right to an effective remedy

Everyone whose rights and freedoms as set forth in this Convention

are violated shall have an effective remedy before a national

authority notwithstanding that the violation has been committed

by persons acting in an ofﬁcial capacity.

ARTICLE 14

Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this

Convention shall be secured without discrimination on any ground

such as sex, race, colour, language, religion, political or other

opinion, national or social origin, association with a national

minority, property, birth or other status.

ARTICLE 15

Derogation in time of emergency

1. In time of war or other public emergency threatening the

life of the nation any High Contracting Party may take measures

derogating from its obligations under this Convention to the extent

strictly required by the exigencies of the situation, provided that

such measures are not inconsistent with its other obligations under

international law.

2. No derogation from Article 2, except in respect of

deaths resulting from lawful acts of war, or from Articles 3, 4

(paragraph 1) and 7 shall be made under this provision.

3. Any High Contracting Party availing itself of this right of

derogation shall keep the Secretary General of the Council of

Europe fully informed of the measures which it has taken and

the reasons therefor. It shall also inform the Secretary General

of the Council of Europe when such measures have ceased to

operate and the provisions of the Convention are again being

fully executed.

ARTICLE 16

Restrictions on political activity of aliens

Nothing in Articles 10, 11 and 14 shall be regarded as preventing

the High Contracting Parties from imposing restrictions on the

political activity of aliens.

ARTICLE 17

Prohibition of abuse of rights

Nothing in this Convention may be interpreted as implying for

any State, group or person any right to engage in any activity or

perform any act aimed at the destruction of any of the rights and

freedoms set forth herein or at their limitation to a greater extent

than is provided for in the Convention.

ARTICLE 18

Limitation on use of restrictions on rights

The restrictions permitted under this Convention to the said rights

and freedoms shall not be applied for any purpose other than

those for which they have been prescribed.

SECTION II

EUROPEAN COURT OF HUMAN RIGHTS

ARTICLE 19

Establishment of the Court

To ensure the observance of the engagements undertaken by

the High Contracting Parties in the Convention and the Protocols

thereto, there shall be set up a European Court of Human Rights,

hereinafter referred to as “the Court”. It shall function on a

permanent basis.

ARTICLE 20

Number of judges

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

High Contracting Parties.

ARTICLE 21

Criteria for ofﬁce

1. The judges shall be of high moral character and must either

possess the qualiﬁcations required for appointment to high judicial

ofﬁce or be jurisconsults of recognised competence.

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

3. During their term of ofﬁce the judges shall not engage in

any activity which is incompatible with their independence,

impartiality or with the demands of a fulltime ofﬁce; all questions

arising from the application of this paragraph shall be decided by

the Court.

ARTICLE 22

Election of judges

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.

ARTICLE 23

Terms of ofﬁce and dismissal

1. The judges shall be elected for a period of nine years. They

may not be reelected.

2. The terms of ofﬁce of judges shall expire when they reach the

age of 70.

3. The judges shall hold ofﬁce until replaced. They shall,

however, continue to deal with such cases as they already have

under consideration.

4. No judge may be dismissed from ofﬁce unless the other

judges decide by a majority of twothirds that that judge has

ceased to fulﬁl the required conditions.

ARTICLE 24

Registry and rapporteurs

1. The Court shall have a Registry, the functions and organisation

of which shall be laid down in the rules of the Court.

2. When sitting in a singlejudge 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.

ARTICLE 25

Plenary Court

The plenary Court shall

(a) elect its President and one or two Vice-Presidents for a

period of three years; they may be reelected;

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

may be reelected;

(d) adopt the rules of the Court;

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

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

ARTICLE 26

Single-judge formation, Committees, Chambers

and Grand Chamber

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.

2. At the request of the plenary Court, the Committee of Ministers

may, by a unanimous decision and for a ﬁxed period, reduce to

ﬁve the number of judges of the Chambers.

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.

4. There shall sit as an exofﬁcio 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.

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.

ARTICLE 27

Competence of single judges

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.

2. The decision shall be ﬁnal.

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