(1950 1 1 done in Rome on 4th of May)
The signatory governments of the Convention are members of the Council of Europe,
Considering the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly on 19481February 10;
Considering that the Declaration aims at universal and effective recognition and observance of the rights proclaimed therein;
Considering that the purpose of Council of Europe is to promote greater unity among its members, and one of the means to achieve the above purpose is to guarantee and further realize human rights and fundamental freedoms;
Reaffirming their firm belief in fundamental freedoms, which are the foundation of justice and peace in the world. On the one hand, they are best protected through effective political democracy; on the other hand, they are committed to understanding and observing basic human rights.
As European governments with * * the same ideas and * * the same political traditions, ideals, freedoms and political heritage, they decided to take the first step in order to collectively implement certain rights stipulated in the Universal Declaration of Human Rights;
Agree to agree on the following terms:
Article 1 The State Party shall grant everyone under its jurisdiction the rights and freedoms stipulated in Chapter I of this Convention.
chapter one
the second
1. Everyone's right to exist should be protected by law. No one shall be deliberately deprived of life, except those who are convicted by the court and executed according to law.
2. If deprivation of life by force is the last resort, it shall not be regarded as inconsistent with the provisions of this article:
(1) Defend anyone from illegal violence;
(2) Carrying out lawful arrest or preventing the legally detained person from escaping;
(3) Actions to suppress violence or rebellion.
Article 3 No one shall be subjected to torture or inhuman or humiliating treatment or punishment.
Article 4
1. No one should be treated as a slave or enslaved.
2, shall not make anyone engaged in compulsory or forced labor.
3. Forced or compulsory labor in this article does not include:
(1) According to the provisions of Article 5 of this Convention, any work that must be completed during the normal detention procedure and conditional exemption from the above detention period;
(2) Any military service or if some countries recognize citizens' right to conscientious objection, compulsory military service is replaced by forced labor;
(3) Any hard work that must be done in an emergency or in the event of a disaster that threatens social life or peace;
(4) Any work or servitude as part of the obligations of ordinary citizens.
Article 5
1. Everyone has the right to freedom and personal safety. No one shall be deprived of his liberty except in the following cases prescribed by law:
(1) A court with jurisdiction makes a guilty verdict and detains a person according to law;
(2) to arrest or detain people who do not comply with the lawful orders of the court according to law, or to ensure the performance of any obligations stipulated by law;
(3) If there is sufficient reason to suspect that a person has committed a crime, or if he reasonably thinks it is necessary to prevent him from committing a crime or from escaping after committing a crime, he can arrest or detain the person according to law in order to hand him over to the relevant legal authorities;
(4) detaining minors according to law for the purpose of educational supervision or for transferring them to relevant legal organs;
(5) Detaining others according to law for the purpose of preventing the spread of infectious diseases, and detaining mental patients, alcoholics, drug addicts or hooligans according to law;
(6) Take action to arrest or detain a person according to law to prevent him from entering the country without permission, or escort him out of the country or extradite him.
Anyone who is arrested should be informed immediately of the reasons for his arrest and the charges against him in a language he understands.
3. Anyone who is arrested or detained according to item 3 of paragraph 1 of this article shall be immediately brought before a judge or other official authorized by law to exercise judicial power, and shall be tried within a reasonable time or released before trial. Release should be conditional on a guarantee of trial in court.
4. Anyone who is deprived of his liberty by arrest or detention has the right to use judicial procedures. The court will decide on the legality of his detention according to judicial procedures. If the detention is illegal, it should be ordered to be released.
5. Anyone who is arrested or detained for violating the provisions of this article shall have an enforceable right to compensation.
Article 6
1. When deciding a person's civil rights and obligations or determining any criminal charges against a person, anyone has reason to have a fair and open trial by an independent and impartial court established according to law within a reasonable time. The judgment shall be publicly announced. However, journalists and the public may be refused to participate in all or part of the trial because of the interests of morality, public order or national security in a democratic society, the interests of teenagers in a democratic society or the protection of the private rights of the parties, or if the court believes that under special circumstances, public trial will harm the fair interests.
Any person accused of a criminal offence shall be considered innocent until proven guilty according to law.
3. Anyone accused of a criminal offence has the following minimum rights:
(1) immediately inform him in detail of the nature and reason of the charge in a language he understands;
(2) Have proper time and convenient conditions to prepare the defense;
(3) If I or a lawyer of my own choice assists in the defense, or if I am unable to pay the legal aid fee, I shall be exempted from the relevant fees based on the consideration of fair interests;
(4) Interrogating witnesses who are unfavorable to him, and allowing witnesses who are favorable to him to appear in court for interrogation under the same conditions as witnesses who are unfavorable to him;
(5) If he doesn't understand or speak the working language used by the court, he can ask a free interpreter to assist in translation.
Article 7
1. Any person's act or omission shall not be considered guilty or punished if it does not constitute a criminal offence according to his own national law or international law at the time of its occurrence. The penalty shall not be heavier than the penalty applicable at the time of committing the crime.
2. This article shall not hinder the trial or punishment of any person's act or omission, if such act or omission is a criminal act according to the general legal principles recognized by civilized countries at the time of its occurrence.
Article 8
1. Everyone has the right to have his private and family life, family and correspondence respected.
2. Public institutions may not interfere in the exercise of the above rights, but according to the law and taking into account the interests of national security, public safety or national economic welfare in a democratic society, interventions for the purpose of preventing chaos or crime, protecting health or morality, and protecting the rights and freedoms of others are not subject to this restriction.
Article 9
1. Everyone has the right to freedom of thought, conscience and religion. This right includes changing one's religious belief and expressing one's freedom of religion or belief publicly or privately, either alone or in community with others, in worship, missionary work and practice ceremonies.
2. Freedom to express one's religion or belief is only restricted by law. In a democratic society, necessary restrictions must be imposed for the sake of public safety, protection of public order, health or morality, and protection of the rights and freedoms of others.
Article 10
1. Everyone has the right to freedom of speech. This right should include the freedom to hold opinions and the freedom to receive and disseminate information and ideas without interference from public institutions and regardless of national boundaries. This article does not prevent countries from establishing licensing systems for radio, television and film enterprises.
2, the exercise of the above freedom, due to obligations and responsibilities, must accept the procedures, conditions, restrictions or penalties prescribed by law and necessary for a democratic society. These restrictions are based on the interests of national security, territorial integrity or public safety, in order to prevent chaos or crime, protect health or morality, protect the reputation or rights of others, prevent the disclosure of secret information, or safeguard the authority and justice of judicial officials.
Article 1 1
1. Everyone has the right to freedom of peaceful assembly and association, including the right to form and join trade unions to protect their own interests.
2. No restrictions shall be imposed on the exercise of the above rights except those prescribed by law and necessary in a democratic society for the interests of national security or public safety, the prevention of chaos or crime, the protection of health or morality, or the protection of the rights and freedoms of others. This article does not prevent members of the national armed forces, police or administrative authorities from imposing lawful restrictions on the exercise of the above rights.
Article 12 men and women who have reached the age of marriage have the right to marry and establish a family in accordance with the provisions of domestic laws that stipulate the right to marry and establish a family.
Article 13 When the rights and freedoms enjoyed under the provisions of this Convention are violated, anyone has the right to ask the relevant state organs for effective relief, even if the above-mentioned infringement is committed by public officials.
Article 14 shall guarantee everyone the rights and freedoms enumerated in this Convention. In the enjoyment of the rights and freedoms stipulated in this Convention, no one shall be discriminated against because of sex, race, color, language, religion, political or other opinions, national or social origin, relations with ethnic minorities, property, birth or other status.
Article 15
1. In wartime or in a public emergency that endangers the survival of the country, any State Party has the right to take measures that violate its obligations under this Convention within the strict requirements of the emergency, but the above measures shall not conflict with its other obligations under international law.
2. Except for deaths caused by acts of war, the above provisions shall not weaken the protection of rights stipulated in Article 2 of this Convention, or the protection of rights stipulated in Articles 3, 4 (paragraph 1) and 7 of this Convention.
3. Any State party that takes the above-mentioned measures to derogate from its rights shall fully report the measures it has taken and the reasons for taking them to the Secretary-General of Council of Europe. When the State Party stops implementing the above measures and re-implements the provisions of this Convention, it shall notify the Secretary-General of Council of Europe.
The provisions of articles 16, 10,1and 14 shall not be regarded as preventing the state party from imposing certain restrictions on the political activities of foreigners.
Article 17 This Convention shall not be interpreted as implying that any country, group or individual has the right to engage in any activity or action aimed at maximally damaging or restricting any rights and freedoms stipulated in this Convention.
Article 18, which restricts the above-mentioned rights and freedoms based on the permission of this convention, shall not apply to any purpose except the prescribed restrictions.
chapter two
Article 19 In order to ensure that each State Party fulfills its obligations under this Convention, it shall determine:
1, European Commission on Human Rights, hereinafter referred to as the Commission;
2. European Court of Human Rights, hereinafter referred to as the Court.
chapter three
Article 20 The Committee shall be composed of members equal to the number of States parties. No two members of the Committee may be citizens of the same State party.
2 1
1. The members of the Committee shall be elected by the Committee of Ministers by an absolute majority from the list submitted by the secretariat of the Advisory Parliament. In the Advisory Parliament, each delegation of each State Party shall propose three candidates, at least two of whom shall be citizens.
2. In order to fill temporary vacancies, States parties to this Convention shall, as far as possible, follow the same procedures for filling vacancies in the Committee mentioned above.
Article 22
1. The term of office of members of the Committee shall be six years. You can't be re-elected. However, the term of office of the seven members elected in the first election shall be three years.
2. Members whose term of office is only three years shall be decided by lot drawn by Secretary-General Council of Europe immediately after the first election.
3. A member elected to replace a member whose term of office has not expired shall hold office until the term of office of his predecessor expires.
4. Members of the Committee shall remain in office until their successors take over. Although later members replaced them, they should continue to deal with the cases they took over and are trying.
Article 23 Members of the Committee shall participate in the Committee in their personal capacity.
Article 24. Any State Party may submit to the Committee, through the Secretariat of Council of Europe, any allegation that another State Party has violated the provisions of this Convention.
Article 25
1. The Committee may receive complaints from any individual, non-governmental organization or group of individuals to the Secretary-General of Council of Europe for violation of the rights stipulated in this Convention by a State party, provided that the accused State party has declared that it recognizes the Committee's competence to accept the above-mentioned cases. Each State Party that has made this declaration undertakes not to hinder the exercise of this right.
2. The above statement can be valid for a specific period of time.
3. The above statement shall be deposited with the Secretary-General of Council of Europe, who shall distribute a copy of the statement to the States parties and make it public.
4. Only when at least six States parties have declared that they accept the competence of the Committee to accept the above-mentioned cases can the Committee exercise its power under this article.
Article 26 Only after all domestic remedies have been exhausted can the Committee deal with this matter within six months from the date of making the final decision in accordance with the generally recognized norms of international law.
Article 27
1. Any complaint under Article 25 shall not be accepted by the Committee if:
(1) Anonymous;
(2) The complaint does not contain any relevant new materials, which are basically the same as those that have been examined by the Committee or submitted to other international investigation or settlement procedures.
2. If the Committee considers that any complaint under article 25 is inconsistent with the provisions of this Convention, manifestly lacking in evidence or abusing the right of appeal, it shall not be accepted.
3. If the Committee considers that it is inadmissible under article 26, it shall reject any complaint submitted to it.
Article 28 When accepting a complaint submitted to it, the Committee:
1. In order to find out the facts, the Committee shall examine the complaint together with the representatives of the parties concerned and conduct an investigation if necessary. In order to carry out the review and investigation effectively, the countries concerned should provide all facilities needed for the investigation after exchanging views with the Committee.
2. The Committee shall be responsible to all parties concerned, so that all parties concerned can solve the existing problems amicably on the basis of respecting the rights listed in this Convention.
Article 29
1. The committee shall be composed of seven members and perform the duties as stipulated in Article 28.
2. The parties concerned may appoint persons of their choice as members of the above-mentioned sub-committee.
3. The remaining members of the Sub-Committee shall be elected by lot in accordance with the procedure stipulated in the rules of procedure of the Committee.
Article 30 If the Subcommittee can solve the problem amicably according to the provisions of Article 28, it shall prepare a report and send it to the countries concerned and the ministerial committee, and send it to Secretary-General Council of Europe for publication. This report should only deal with clarifying the facts and finding a solution to the problem.
3 1
1. If the problem is not solved, the Committee shall draft a report on the facts and express its opinions on whether the facts found show that the country concerned has violated its obligations under this Convention. The report must state the views of all members of the Committee on this issue.
2. The report will be sent to the Council of Ministers. And send it to the countries concerned, and the countries concerned shall not publish it at will.
3. When submitting its report to the Committee of Ministers, the Committee shall make recommendations it deems appropriate.
Article 32
1. If the case is not submitted to the European Court of Human Rights in accordance with Article 48 of this Convention within three months after the report is submitted to the Committee of Ministers, the Committee of Ministers shall decide whether the issue violates this Convention to attend by a two-thirds majority of the members of the Committee of Ministers.
2. If the Committee of Ministers makes a positive decision, it shall set a time limit within which the State party concerned must take the measures required by the decision of the Committee of Ministers.
3. If the State party concerned fails to take satisfactory measures within the prescribed time limit, the Council of Ministers shall make a decision on the validity of the original decision made by the Committee by the majority form specified in Article 1 of this article and make it public.
4. The State Party undertakes that the decisions made by the Committee of Ministers in the application of the above paragraphs are binding on the State Party.
Article 33 The Committee shall hold a secret meeting.
Article 34 Decisions of the Committee shall be made by a majority of the members present and voting, and decisions of the Subcommittee shall be made by a majority of the members.
Article 35 The Committee shall convene meetings as required. The meeting was convened by Secretary General Council of Europe.
Rule 36 The Committee shall draft its own rules of procedure.
Article 37 The secretariat of the Committee shall be arranged by Secretary-General Council of Europe.
chapter four
Article 38 The European Court of Human Rights shall be composed of judges equal to the number of States parties. No two members of the European Court of Human Rights may be citizens of the same State party.
Article 39
1 ... The judges of the court shall be decided by the Advisory Assembly by a majority vote from among the persons nominated by the States parties of Council of Europe. Each State Party shall nominate three candidates, at least two of whom shall be its own citizens.
2. If a country becomes a party to this Convention and needs to fill a temporary vacancy, it shall follow the same procedures mentioned above to fill the vacancy of judges within the scope of implementation.
3. Candidates should be of high moral character, be qualified for appointment to senior judicial posts, or be recognized jurists.
Article 40
1. The term of office of a judge is nine years. Can be re-elected. However, four of the judges elected for the first time have a three-year term and the other four have a six-year term.
2. Among the elected judges, the Secretary-General shall draw lots immediately after the first election.
3. The elected judge who replaces the former judge will hold office until the term of office of the former judge expires.
4. Judges shall remain in office until they are replaced. After being replaced, the judge should continue to deal with the cases he has taken over and is trying.
Article 4 1 The court shall elect a president and one or two vice-presidents. Their term of office is three years and they can be re-elected.
Article 42 The remuneration of judges shall be determined by the Council of Ministers according to their attendance days.
Article 43 In order to hear every case submitted to the court, the court shall set up a trial court composed of seven judges. A judge who becomes a trial court ex officio shall be a judge of the State Party concerned, or if there is no such judge, a judge shall be selected as a representative of that State Party. Candidates for other judges shall be decided by the president by drawing lots before the court session.
Article 44 Only the Contracting States and the European Commission of Human Rights have the right to submit cases to the court.
Article 45 The jurisdiction of the court shall cover all cases related to the interpretation and application of this Convention submitted by the Contracting States and the European Commission of Human Rights in accordance with the provisions of Article 48.
Article 46
1. any state party may declare at any time that it recognizes the compulsory jurisdiction of the court in fact. In any matter related to the interpretation and application of this Convention, the court does not need special consent.
2. The above statement shall be unconditional or several or some contracting parties mutually or for a specific period.
3. These statements shall be deposited with the Secretary-General of Council of Europe and copies shall be distributed to the States Parties.
Article 47 The court can only accept cases submitted by the European Commission of Human Rights within three months as stipulated in Article 32 that cannot be settled through friendly consultation.
Article 48 If the relevant State Party (if there is only one country) or the relevant State Party (if there is more than one country) accepts the compulsory jurisdiction of the court, or if it does not, but with the consent of the relevant State Party (if there is only one country) or the relevant State Party (if there is more than one country), the court shall accept the case submitted in the following ways:
1, European Commission of Human Rights;
2. States parties whose citizens are regarded as victims;
3. Submit the case to a State party of the European Commission of Human Rights;
4. Accused State party.
Article 49 The court shall decide whether the court has jurisdiction.
Article 50 If the court considers that a decision or measure made by a judicial authority or any other authority of a State Party totally or partially violates the obligations stipulated in this Convention, and the domestic law of the above-mentioned State Party only allows partial compensation for the consequences of the above-mentioned decision or measure, the court's judgment shall, when necessary, give fair compensation to the victim.
Article 5 1
1, the court decision shall specify the reasons.
2. If the judgment of the court cannot fully or partially represent the unanimous opinion of the judges, any judge has the right to express a separate opinion.
Article 52 The judgment of the court is final.
Article 53 States parties undertake to obey the judgment of the court in any case to which they are parties.
Article 54 A court ruling shall be submitted to the Council of Ministers for supervision and implementation.
Article 55 The court shall draw up its own rules and determine its activity procedures.
Article 56
1. When eight countries have made the declaration mentioned in Article 46, the first election of judges of the Court shall be held immediately.
2. No case shall be submitted to the court before the election.
chapter five
Article 57 Upon receiving the request of Secretary-General Council of Europe, any State Party shall explain how its domestic law ensures the effective implementation of the provisions of this Convention.
Article 58 The expenses of the Committee and the court shall be borne by Council of Europe.
Article 59 When performing their duties, members of the Committee and judges of the court shall enjoy the privileges and immunities stipulated in Article 40 of the Council of Europe Regulations and the agreements reached under this Convention.
Article 60 The provisions of this Convention shall not be interpreted as restricting or derogating from any human rights and fundamental rights stipulated in the laws of any State Party or any agreement to which that State Party is a member.
Article 6 1 This Convention shall not interfere with the powers conferred on the Committee of Ministers by European Council regulations.
Article 62 The contracting parties agree that they will not make use of treaties, conventions or declarations in force between them to submit disputes arising from the interpretation or application of this Convention to other means other than those stipulated in this Convention for settlement by appeal.
Article 63
1. Any country shall notify the Secretary-General of Council of Europe when ratifying this Convention or at any time thereafter, and declare that this Convention is applicable to all or any territory of that country responsible for international relations.
2. This Convention shall apply to one or more territories listed in the notification on the 30th day after the Secretary-General of Council of Europe receives the notification.
3. This Convention applies to the above-mentioned territories, but due attention shall be paid to local requirements.
4. Any country that has made a declaration under Article 1 of this Article shall make a declaration at any time in the future on behalf of a territory or territories to which the declaration relates: it recognizes the right of the European Commission of Human Rights to receive complaints from individuals, non-governmental organizations or groups of individuals in accordance with Article 25 of this Convention.
Article 64
1. When signing this Convention or depositing the instrument of ratification, any country must declare its reservation if any laws existing in its territory are inconsistent with any provisions of this Convention. According to the provisions of this article, general reservations are not allowed.
2. Any reservation made under this article shall include a brief description of the relevant laws.
Article 65
1. A Contracting State may withdraw from this Convention only after the expiration of five years from the date of becoming a Contracting State to this Convention, and after six months mentioned in the notification submitted to the Secretary-General of Council of Europe. The Secretary-General shall notify the other States Parties.
2. The above withdrawal shall not have the effect of relieving the obligations of the State Party concerned under this Convention because of the following acts, that is, any act committed by the State Party before the effective date of withdrawal from this Convention may constitute a violation of the above obligations.
3. A Contracting State that terminates its membership in Council of Europe shall terminate its membership in this Convention under the same conditions.
4. For any territory that has been declared to be applicable in accordance with the provisions of Article 63, the application effect of this Convention may be cancelled in accordance with the provisions of the preceding paragraph.
Article 66
1. This Convention shall be open for signature by Council of Europe Member States. This convention should be ratified. The instrument of ratification shall be deposited with Secretary-General Council of Europe.
2. This Convention shall enter into force after ten instruments of ratification have been deposited.
3. For any signatory country that subsequently ratifies this Convention, this Convention shall enter into force on the date of deposit of its instrument of ratification.
4. Secretary-General Council of Europe shall notify all members of Council of Europe of the entry into force of this Convention, the list of States parties that have ratified this Convention and all the instruments of ratification deposited subsequently.
19501/kloc-0 was signed in Rome on April 4th in English and French, both texts are equally authentic, and one original should be kept in the archives of Council of Europe. The Secretary-General shall send a certified copy to each signatory.