for Protection of Human Rights and Fundamental Freedoms
ETS No. 5
STE N° 5
Article 8 – Right to respect for private and family life
Article 9 – Freedom of thought, conscience and religion
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.
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
Article 16 – Restrictions on 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
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
Article 22 – Election of judges
Article 23 – Terms of office
Article 24 – Dismissal
No judge may be dismissed from his office unless the other judges decide by a majority of two-thirds that he has ceased to fulfil the required conditions.
Article 25 – Registry and legal secretaries
The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court. The Court shall be assisted by legal secretaries.
Article 26 – Plenary Court
The plenary Court shall
Article 27 – Committees, Chambers and Grand Chamber
A committee may, by a unanimous vote, declare inadmissible or strike out of its list of cases an application submitted under Article 34 where such a decision can be taken without further examination. The decision shall be final.
Article 29 – Decisions by Chambers on admissibility and merits
Article 30 – Relinquishment of jurisdiction to the Grand Chamber
Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.
Article 31 – Powers of the Grand Chamber
The Grand Chamber shall
Article 32 – Jurisdiction of the Court
Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party.
The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
Article 35 – Admissibility criteria
Article 36 – Third party intervention
Article 37 – Striking out applications
Article 38 – Examination of the case and friendly settlement proceedings
Article 39 – Finding of a friendly settlement
If a friendly settlement is effected, the Court shall strike the case out of its list by means of a decision which shall be confined to a brief statement of the facts and of the solution reached.
Article 40 – Public hearings and access to documents
Article 41 – Just satisfaction
If the Court finds that there has been a violation of the Convention or the protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.
Article 42 – Judgments of Chambers
Judgments of Chambers shall become final in accordance with the provisions of Article 44, paragraph 2.
Article 45 – Reasons for judgments and decisions
Article 46 – Binding force and execution of judgments
Article 48 – Advisory jurisdiction of the Court
The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its competence as defined in Article 47.
Article 49 – Reasons for advisory opinions
Article 50 – Expenditure on the Court
The expenditure on the Court shall be borne by the Council of Europe.
Article 51 – Privileges and immunities of judges
The judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
Article 52 – Inquiries by the Secretary General
On receipt of a request from the Secretary General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention.
Article 53 – Safeguard for existing human rights
Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.
Article 54 – Powers of the Committee of Ministers
Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.
Article 55 – Exclusion of other means of dispute settlement
The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.
Article 57 – Reservations
Article 58 – Denunciation
Article 59 – Signature and ratification
Done at Rome this 4th day of November 1950, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatories.
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