The European Convention On Human Rights - A Living Instrument
THEEUROPEANCONVENTIONON HUMANRIGHTSALIVINGINSTRUMENT
The European Conventionon Human RightsA living instrument
ContentsFrench edition:La Convention européenne des droits de l’homme – Un instrument vivantThis document was prepared by the Court’s Public Relations Unit.It is designed to set out in simplified form the rights contained in theEuropean Convention on Human Rights and is intended for purelyeducational purposes.The legally authoritative documents are the official versionsof the Convention in French and in English.All rights reserved.No part of this publication may be translated, reproduced or transmitted, inany form or by any means, electronic (CD-ROM, Internet, etc) or mechanical,including photocopying, recording or any information storage or retrievalsystem, without prior permission in writing from the Public Relations Unit –Registry of the ECHR. Photos credits: Council of EuropeThe European Convention on Human Rights5The European Court of Human Rights5Case-law6Impact of the Convention6The Convention, a modern instrument7Reforms of the Convention system8Appendix 1: The Convention in brief10Appendix 2: Signatory States of the Conventionfor the Protection of Human Rightsand Fundamental Freedoms15Appendix 3: Key dates16Appendix 4: The Protocols to the Convention18Appendix 5: Chart of signatures and ratificationsof the European Convention on Human Rights(Treaty No. 005)22 Illustration: Shutterstock Graphic design: ECHR – Public Relations Unit Layout: ECHR – Public Relations Unit European Court of Human Rights, August 2021The European Convention on Human Rights – A living instrument3
The European Convention on Human RightsTheimportance ofthe European Conventionlies in the scope of the rightsand freedoms that it protects,but also in the system that it hasestablished by creating the EuropeanCourt of Human Rights, with its task ofsupervising the fulfilment by the Statesof their undertakings; a system inwhich individuals may bring theircase against the State when theirrights and freedoms havebeen flouted.The European Convention on Human Rights, signed in Rome on 4 November 1950,was the first instrument to crystallise and give binding effect to the rights set outin the Universal Declaration of Human Rights. It lays down absolute rights whichcan never be breached by the States, such as the right to life or the prohibition oftorture, and it protects certain rights and freedoms which can only be restrictedby law when necessary in a democratic society, for example the right to liberty andsecurity or the right to respect for private and family life.A number of rights have been added to the initial text with the adoption ofadditional protocols, concerning in particular the abolition of the death penalty,the protection of property, the right to free elections or freedom of movement.The European Court of Human RightsThe European Court of Human Rights, judicial organ of the Council of Europe,examines applications from individuals, but also inter-State applications, lodged bya State against another State party to the Convention. Currently 47 countries haveundertaken to secure fundamental rights and freedoms, not only to their nationalsbut to everyone, even non-Europeans, within their jurisdiction.4The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument5
Case-lawThe Court’s case-law is rich and relates to many different subjects.The Conventionviolation most often found by the Court concerns the right to a fair hearing,because of a lack of fairness or excessively lengthy proceedings.The right to libertyand security and the right to the protection of property also frequently give riseto findings of violations.The Court has ruled on many societal issues such as abortion, assisted suicide, bodysearches, domestic slavery, adoption by homosexuals, the wearing of religious symbolsin schools, the protection of journalists’ sources, or the retention of DNA data.Impact of the ConventionThe reason for the significant impact of the Court’s work is the binding forceof its judgments. A State which is found to have committed a violation will berequired to provide redress for the damage sustained by the applicant and, as faras possible, remedy any consequences of the violation. The State must also makesure that no similar violation occurs, in other words that nobody else is a victimof the violation found. In practice this often gives rise to a change in legislation.By amending their legislation or practice to bring them into line with theConvention, the States allow everyone to benefit from the further developmentof human rights protection. A single judgment may thus have an impact on thewhole population of a State. Supervision of the execution of a judgment lies in thehands of the Committee of Ministers, the executive organ of the Council of Europe.Examples of changes resulting from the Court’s judgments: Cyprus abolished the criminal offence of homosexual relationsbetween consenting adults; membership of a union is no longer an obligation in Denmark, France recognises an equality of succession rights between legitimatechildren and children born out of wedlock,the United Kingdom prohibited corporal punishment in State schools,Switzerland enacted a law to regulate phone tapping,and many States have introduced remedies to enable people tocomplain about unreasonably lengthy proceeding.The Convention, a modern instrumentWhat gives the Convention its strength and makes it extremely modern is theway the Court interprets it: dynamically, in the light of present-day conditions. Byits case-law the Court has extended the rights set out in the Convention, suchthat its provisions apply today to situations that were totally unforeseeable andunimaginable at the time it was first adopted, including issues related to newtechnologies, bioethics or the environment.The Convention also applies to societalor sensitive questions relating, for example, to terrorism or migration.6The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument7
Reforms of the Convention systemSince it was set up in 1959 the Court has completed the examination of some910,000 applications, whether by delivering a judgment or a decision, or by strikingthe case out of its list.Faced with an increasing volume of cases, the member States of the Council ofEurope have adopted various Protocols to the Convention for the purpose ofimproving and strengthening the supervisory mechanism initially created. New judicialformations have thus been introduced to deal with the most straightforward cases.In parallel the Court has also reformed its working methods in order to boost itsefficiency and streamline its resources. For example, it has put in place the pilotjudgment procedure to deal with the massive influx of applications concerningsimilar issues, also known as systemic issues, resulting from the non-complianceof domestic law with the Convention.The Convention arose out of the determination of the signatory States to consignto history the atrocities of the Second World War. In 1949 ten States set up theCouncil of Europe, to guarantee respect for human rights, democracy and therule of law throughout Europe. The following year twelve States adopted theConvention, thereby creating a Court with the task of ensuring that they fulfilledtheir undertakings – an international court which would have jurisdiction to findagainst them and oblige them to amend their legislation.Today more than ever the Convention is the cornerstone of the Council ofEurope, and any State wishing to become a member of the Organisation mustsign and ratify it.The Court’s case-law is followed by the national courts of Statesthroughout the European continent; it is also cited by many courts even beyondthe boundaries of Europe.It has also adopted a prioritisation policy which takes account of the importanceand urgency of the questions raised in order to decide on the order in whichapplications are processed.8The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument9
Appendix 1: The Convention in briefArticle 6Right to a fair trialEveryone has the right to a fair hearing, within areasonable time, by an independent and unbiased cour t.Article 1Obligation to respect human rightsAll persons who are accused of an offence are innocentuntil proven guilty. They must be informed quickly of thecharges against them and be able to prepare a defence.They have the right to be represented by a lawyer paidfor by the State if they cannot afford to pay for onethemselves.States must ensure that everyone on their territory or onterritory controlled by them has the rights and freedomsset out in the Convention.Article 2Right to lifeEveryone’s right to life is protected by law.Article 7No punishment without lawArticle 3No one may be found guilty of an offence which did notexist at the time the events took place.Prohibition of tortureNo one may be tor tured or treated in an inhuman ordegrading manner.Article 4Article 8Right to respect for private and family lifeAll persons have the right to respect for their privateand family life, their home and their correspondence.Prohibition of slavery and forced labourNo one may be treated as a slave or made to carry outforced labour.Article 9Freedom of thought, conscience and religionAll persons have the right to freedom of thought,conscience and religion. They may practise their religionin public or in private and change their religion.Article 5Right to liberty and securityEveryone has the right to liber ty. All persons who arearrested have the right to be told why, soon after theirarrest. They must be brought before a judge straightaway and stand trial within a reasonable time or bereleased until their trial takes place.10The European Convention on Human Rights – A living instrumentArticle 10Freedom of expressionEveryone has the right to freedom of expression.This includes freedom of opinions and the freedomto share and receive information and ideas.The European Convention on Human Rights – A living instrument11
Article 1 of Protocol No. 1Article 11Freedom of assembly and associationEveryone has the right to take par t in peacefulmeetings and join associations. This includes the rightto set up a trade union and the freedom to join one.Protection of propertyAll persons have the right to own proper ty and to makeuse of their possessions.Article 2 of Protocol No. 1Right to educationArticle 12Everyone has the right to education and teaching.Right to marryEveryone has the right to marry and found a family.Article 3 of Protocol No. 1Right to free electionsArticle 13Right to an effective remedyEveryone must have the possibility of complaining toa cour t if his or her rights have been violated.Everyone has the right to take par t by secret vote inelecting the legislature (that is, the national parliament)and the European Parliament.Article 2 of Protocol No. 4Freedom of movementArticle 14Prohibition of discriminationThe rights and freedoms contained in the Conventionapply to all persons, regardless of factors such asgender, skin colour, religion, political opinions, ororigins.Article 34All persons who are lawfully within a country may movearound freely within it and choose where they want tolive.Article 1 of Protocol No. 6Abolition of the death penaltyNo one may be sentenced to death or executed by theState.Individual applicationsThe right to apply to the ECHR is absolute.States may not interfere with that right in anycircumstances.Article 2 of Protocol No. 7Right of appeal in criminal mattersAnyone convicted of a criminal offence has the right toappeal to a higher cour t.12The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument13
Article 3 of Protocol No. 7Compensation for wrongful convictionAll persons have a right to compensation if the cour tsconvict them wrongly.Article 4 of Protocol No. 7Right not to be tried or punished twiceNo one can be tried twice for the same criminal offenceunless new facts are proven.Article 5 of Protocol No. 7Equality between spousesMarried couples have the same rights and responsibilities,both towards each other and towards their children.Article 1 of Protocol No. 12General prohibition of discriminationAll persons must be able to exercise their rights withoutbeing discriminated against for reasons such as gender,skin colour, political or religious beliefs, or origins.Appendix 2:Signatory Statesof the Conventionfor the Protectionof Human Rightsand FundamentalFreedomsbetter known as theEuropean Convention onHuman Rights(Rome, 4 November 1950) For the Government of the Kingdom of Belgium: Paul VAN ZEELAND For the Government of the Icelandic Republic: Petur BENEDIKTSSONFor the Government of the Kingdom of Denmark: Otto Carl MOHRFor the Government of the French Republic: Robert SCHUMANFor the Government of the German Federal Republic:Walter HALLSTEINFor the Government of the Irish Republic: Seán MAC BRIDEFor the Government of the Italian Republic: Carlo SFORZAFor the Government of the Grand Duchy of Luxembourg: Joseph BECHFor the Government of the Kingdom of the Netherlands: Dirk STIKKERFor the Government of the Kingdom of Norway:Halvard Manthey LANGE For the Government of the Saar: Edgar HECTOR For the Government of the Turkish Republic: Mehmet Fuat KÖPRÜLÜ For the Government of the United Kingdom of Great Britain andNorthern Ireland: Ernest DAVIESArticle 1 of Protocol No. 13Abolition of the death penaltyThe death penalty is prohibited even in war time.14The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument15
Appendix 3: Key dates5 May 1949Signing of the Treaty of London establishing the Council ofEurope.14 November 1960The Cour t delivers its first judgment: Lawless v. Ireland.4 November 1950Signing in Rome of the Convention for the Protection ofHuman Rights and Fundamental Freedoms, better known asthe European Convention on Human Rights.1 November 1998Establishment of the new Cour t under Protocol No. 11to the European Convention on Human Rights. This singlefull-time Cour t replaces the previous supervisory system.3 September 1953Entry into force of the European Convention on HumanRights.1 June 2010Creation of new judicial formations to speed up theprocessing of cases. Judges now serve a nine-yearnon-renewable term of office.21 January 1959First election of judges of the European Cour t of HumanRights by the Consultative Assembly of the Council ofEurope.16The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument17
Appendix 4: The Protocols to the ConventionAdditional ProtocolEntry into force: 18 May 1954Better known as Protocol No. 1: provides for new rights,and in par ticular the right to peaceful enjoyment ofpossessions, the right to education and the right to freeelections by secret ballot.Protocol No. 5Entry into force: 20 December 1971Amends Ar ticles 22 and 40 of the Convention.Protocol No. 6Entry into force: 1 March 1985Protocol No. 2Entry into force: 21 September 1970Concerning abolition of the death penalty.Confers competence on the Cour t to give advisoryopinions at the request of the Committee of Ministers.Protocol No. 7Entry into force: 1 November 1988Protocol No. 3Entry into force: 21 September 1970Amends former Ar ticles 29, 30 and 34 of theConvention.Provides, in par ticular, for a right of appeal in criminalmatters, the right to compensation for wrongfulconviction, the right not to be tried or punished twice,and equality between spouses.Protocol No. 4Entry into force: 2 May 1968Provides, in par ticular, for the prohibition ofimprisonment for non-fulfilment of contractual obligations,the right to liber ty of movement and freedom to chooseone’s residence, and the prohibition of expulsion ofnationals and collective expulsion of aliens.18The European Convention on Human Rights – A living instrumentProtocol No. 8Entry into force: 1 January 1990Amends the functioning of the European Commission ofHuman Rights.The European Convention on Human Rights – A living instrument19
Protocol No. 9Entry into force: 1 October 1994Grants applicants the right, in cer tain circumstances, torequest the Cour t to deal with their case.Protocol No. 13Entry into force: 1 July 2003Concerning the abolition of the death penalty in allcircumstances.Protocol No. 14Entry into force: 1 June 2010Protocol No. 10Signed: 25 March 1992Improves the Convention supervision procedure within theformer Convention system (this instrument lost its purposewith the entry into force of Protocol No. 11).Provides, in par ticular, for the creation of new judicialformations for the most straightforward cases and a newadmissibility criterion. This Protocol also extended thelength of judges’ term of office from six to nine years,non-renewable.Protocol No. 15Entry into force: 1 August 2021Protocol No. 11Entry into force: 1 November 1998Establishes the “new Cour t”.Introduces a reference to the subsidiarity principleand the margin of appreciation doctrine. It reduces thetime-limit for applying to the Cour t from six monthsto four.Protocol No. 16Protocol No. 12Entry into force: 1 April 2005Introduces a general prohibition on discrimination.20The European Convention on Human Rights – A living instrumentEntry into force: 1 August 2018Enables States Par ties’ highest-ranking cour ts to requestan advisory opinion from the Cour t.The European Convention on Human Rights – A living instrument21
Appendix 5: Chart of signaturesand ratifications of the European Conventionon Human Rights (Treaty No. 005)SignatureRatificationEntryinto Bosnia and HerzegovinaBulgariaCroatiaCyprusCzech 0/06/1995SignatureRatificationEntryinto 12/12/196623/01/196723/01/1967Republic of 1954North omania07/10/199320/06/199420/06/1994Russian FederationSan 04Slovak 711/09/1997United Kingdom04/11/195008/03/195103/09/1953Chart of signatures and ratifications of the Protocols to the Convention is availableon the website of the Treaty office: www.coe.int/en/web/conventions.22The European Convention on Human Rights – A living instrumentThe European Convention on Human Rights – A living instrument23
Original of the Convention24The European Convention on Human Rights – A living instrument
ENGwww.echr.coe.intThe Council of Europe is the continent’s leading human rights organisation. It comprises47 member states, including all members of the European Union. All Council of Europe memberstates have signed up to the European Convention on Human Rights, a treaty designed to protecthuman rights, democracy and the rule of law. The European Court of Human Rights oversees theimplementation of the Convention in the member states.
The European Convention on Human Rights 5 The European Court of Human Rights 5 Case-law 6 Impact of the Convention 6 The Convention, a modern instrument 7 Reforms of the Convention system 8 Appendix 1: The Convention in brief 10 Appendix 2: Signatory States of the Convention This document was prepared by the Court's Public Relations Unit.
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