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,
Have agreed as follows:
Article 1
The High Contracting Parties shall secure to everyone within their
jurisdiction the rights and freedoms defined in Section I of this Convention.
Section I
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Article 8
1. Everyone has the right to respect for his
private and family life, his home and his correspondence.
2. There shall be no interference by a public
authority with the exercise of this right except such as is in accordance
with the law and is necessary in a democratic society in the interests
of national security, public safety or the economic well-being of the country,
for the prevention of disorder or crime, for the protection of health or
morals, or for the protection of the rights and freedoms of others.
Article 9
1. Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to change his religion
or belief and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one’s religion or beliefs
shall be subject only to such limitations as are prescribed by law and
are necessary in a democratic society in the interests of public safety,
for the protection of public order, health or morals, or for the protection
of the rights and freedoms of others.
Article 10
1. Everyone has the right to freedom of expression.
This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless
of frontiers. This Article shall not prevent States from requiring
the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it
carries with it duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law and are
necessary in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder
or crime, for the protection of health or morals, for the protection of
the reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality
of the judiciary.
Article 11
1. Everyone has the right to freedom of peaceful
assembly and to freedom of association with others, including the right
to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise
of these rights other than such as are prescribed by law and are necessary
in a democratic society in the interests of national security or public
safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others.
This Article shall not prevent the imposition of lawful restrictions on
the exercise of these rights by members of the armed forces, of the police
or of the administration of the state.
Article 12
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
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.
Article 14
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
1. In time of war or other public emergency
threatening the life of the nation any High Contracting Party may take
measures derogating from its obligations under this Convention to the extent
strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with its other obligations under international
law.
2. No derogation from Article 2, except in
respect of deaths resulting from lawful acts of war, or from Articles 3,
4 (paragraph 1) and 7 shall be made under this provision.
3. Any High Contracting Party availing itself
of this right of derogation shall keep the Secretary-General of the Council
of Europe fully informed of the measures which it has taken
and the reasons therefor. It shall also inform the Secretary-General
of the Council of Europe when such measures have ceased to operate and
the provisions of the Convention are again being fully executed.
Article 16
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the
High Contracting Parties from imposing restrictions on the political activity
of aliens.
Article 17
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
The restrictions permitted under this Convention to the said rights
and freedoms shall not be applied for any purpose other than those for
which they have been prescribed.
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FIRST PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
The governments signatory hereto, being members of the Council of Europe,
Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November, 1950 (hereinafter referred to as ‘the Convention’),
Have agreed as follows:
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Article 2
No person shall be denied the right to education. In the exercise
of any functions which it assumes in relation to education and to teaching,
the State shall respect the right of parents to ensure such education and
teaching in conformity with their own religious and philosophical convictions.
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