convicted in accordance with the law and penal procedure of that
2. The provisions of the preceding paragraph shall not prevent
the reopening of the case in accordance with the law and penal
procedure of the State concerned, if there is evidence of new or
newly discovered facts, or if there has been a fundamental defect
in the previous proceedings, which could affect the outcome of the
3. No derogation from this Article shall be made under
Article 15 of the Convention.
Equality between spouses
Spouses shall enjoy equality of rights and responsibilities of a
private law character between them, and in their relations with
their children, as to marriage, during marriage and in the event
of its dissolution. This Article shall not prevent States from taking
such measures as are necessary in the interests of the children.
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 the Protocol shall apply and State
the extent to which it undertakes that the provisions of this Protocol
shall apply to such territory or territories.
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. In respect of such territory 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 receipt by the Secretary
General of such declaration.
3. Any declaration made under the two preceding paragraphs
may, in respect of any territory speciﬁed in such declaration,
be withdrawn or modiﬁed by a notiﬁcation addressed to the
Secretary General. The withdrawal or modiﬁcation shall become
effective on the ﬁrst day of the month following the expiration of a
period of two months after the date of receipt of such notiﬁcation
by the Secretary General.
4. A declaration made in accordance with this Article shall be
deemed to have been made in accordance with paragraph 1 of
Article 56 of the Convention.
5. The territory of any State to which this Protocol applies by
virtue of ratiﬁcation, acceptance or approval by that State, and
each territory to which this Protocol is applied by virtue of a
declaration by that State under this Article, may be treated as
separate territories for the purpose of the reference in Article 1 to
the territory of a State.
6. Any State which has made a declaration in accordance
with paragraph 1 or 2 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,
nongovernmental organisations or groups of individuals as
provided in Article 34 of the Convention in respect of Articles 1
to 5 of this Protocol.
Relationship to the Convention
As between the States Parties, the provisions of Article 1 to 6
of this Protocol shall be regarded as additional Articles to the