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European Convention on Human Rights European Convention on Human Rights European Convention on Human Rights European Convention on Human Rights as amended by Protocols Nos. 11, 14 and 15 supplemented by Protocols Nos. 1, 4, 6, 7, 12, 13 and 16 The text of the Convention is presented as amended by the provisions of Protocol No. 15 (CETS No. 213) as from its entry into force on 1 August 2021 and of Protocol No. 14 Contents (CETS No. 194) as from its entry into force on 1 June 2010. The text of the Convention had previously been amended Convention for the Protection of Human Rights according to the provisions of Protocol No. 3 (ETS No. 45), and Fundamental Freedoms ............................................ 5 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), Protocol ...................................................................... 33 which entered into force on 1 January 1990, and comprised also the text of Protocol No. 2 (ETS No. 44) which, in accordance with Protocol No. 4............................................................. 36 Article 5 paragraph 3 thereof, had been an integral part of the Convention since its entry into force on 21 September 1970. All Protocol No. 6............................................................. 40 provisions which had been amended or added by these Protocols were replaced by Protocol No. 11 (ETS No. 155), as from the date Protocol No. 7............................................................. 44 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 As from that date, Protocol No. 9 (ETS No. 140), which entered into force on 1 October 1994, was repealed and Protocol No. 10 Protocol No. 12........................................................... 50 (ETS No. 146) lost its purpose. The current state of signatures and ratifications of the Convention Protocol No. 13........................................................... 54 and its Protocols as well as the complete list of declarations and reservations are available at www.conventions.coe.int. Protocol No. 16........................................................... 58 Only the English and French versions of the Convention are authentic. European Court of Human Rights Council of Europe 67075 Strasbourg cedex France www.echr.coe.int 3 Convention for the Protection of Human Rights and Fundamental Freedoms Rome, 4.XI.1950 THE GOVERNMENTS 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 like-minded 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, 5 Affirming that the High Contracting Parties, in accordance with (c) in action lawfully taken for the purpose of quelling a riot the principle of subsidiarity, have the primary responsibility to or insurrection. secure the rights and freedoms defined in this Convention and the Protocols thereto, and that in doing so they enjoy a margin ARTICLE 3 of appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights established by this Convention, Prohibition of torture Have agreed as follows: No one shall be subjected to torture or to inhuman or degrading treatment or punishment. ARTICLE 1 ARTICLE 4 Obligation to respect Human Rights Prohibition of slavery and forced labour The High Contracting Parties shall secure to everyone within their 1. No one shall be held in slavery or servitude. jurisdiction the rights and freedoms defined in Section I of this Convention. 2. No one shall be required to perform forced or compulsory labour. SECTION I 3. For the purpose of this Article the term “forced or compulsory RIGHTS AND FREEDOMS labour” shall not include: (a) any work required to be done in the ordinary course of ARTICLE 2 detention imposed according to the provisions of Article 5 of this Convention or during conditional release from Right to life such detention; 1. Everyone’s right to life shall be protected by law. No one (b) any service of a military character or, in case of shall be deprived of his life intentionally save in the execution of conscientious objectors in countries where they are a sentence of a court following his conviction of a crime for which recognised, service exacted instead of compulsory this penalty is provided by law. military service; 2. Deprivation of life shall not be regarded as inflicted in (c) any service exacted in case of an emergency or calamity contravention of this Article when it results from the use of force threatening the life or well-being of the community; which is no more than absolutely necessary: (d) any work or service which forms part of normal civic (a) in defence of any person from unlawful violence; obligations. (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; 6 7 ARTICLE 5 3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought Right to liberty and security promptly before a judge or other officer authorised by law to 1. Everyone has the right to liberty and security of person. No exercise judicial power and shall be entitled to trial within a one shall be deprived of his liberty save in the following cases and reasonable time or to release pending trial. Release may be in accordance with a procedure prescribed by law: conditioned by guarantees to appear for trial. (a) the lawful detention of a person after conviction by a 4. Everyone who is deprived of his liberty by arrest or detention competent court; shall be entitled to take proceedings by which the lawfulness of (b) the lawful arrest or detention of a person for non- his detention shall be decided speedily by a court and his release compliance with the lawful order of a court or in order to ordered if the detention is not lawful. secure the fulfilment of any obligation prescribed by law; 5. Everyone who has been the victim of arrest or detention (c) the lawful arrest or detention of a person effected for in contravention of the provisions of this Article shall have an the purpose of bringing him before the competent legal enforceable right to compensation. authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary ARTICLE 6 to prevent his committing an offence or fleeing after Right to a fair trial having done so; (d) the detention of a minor by lawful order for the purpose 1. In the determination of his civil rights and obligations or of of educational supervision or his lawful detention for any criminal charge against him, everyone is entitled to a fair the purpose of bringing him before the competent legal and public hearing within a reasonable time by an independent authority; and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded (e) the lawful detention of persons for the prevention of the from all or part of the trial in the interests of morals, public order spreading of infectious diseases, of persons of unsound or national security in a democratic society, where the interests mind, alcoholics or drug addicts or vagrants; of juveniles or the protection of the private life of the parties so (f) the lawful arrest or detention of a person to prevent his require, or to the extent strictly necessary in the opinion of the effecting an unauthorised entry into the country or of a court in special circumstances where publicity would prejudice the person against whom action is being taken with a view interests of justice. to deportation or extradition. 2. Everyone charged with a criminal offence shall be presumed 2. Everyone who is arrested shall be informed promptly, in a innocent until proved guilty according to law. language which he understands, of the reasons for his arrest and of any charge against him. 8 9 3. Everyone charged with a criminal offence has the following ARTICLE 8 minimum rights: Right to respect for private and family life (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the 1. Everyone has the right to respect for his private and family accusation against him; life, his home and his correspondence. (b) to have adequate time and facilities for the preparation of 2. There shall be no interference by a public authority with the his defence; exercise of this right except such as is in accordance with the (c) to defend himself in person or through legal assistance of law and is necessary in a democratic society in the interests of his own choosing or, if he has not sufficient means to pay national security, public safety or the economic well-being of the for legal assistance, to be given it free when the interests country, for the prevention of disorder or crime, for the protection of justice so require; of health or morals, or for the protection of the rights and freedoms of others.
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