dimanche 14 avril 2013
Convention for the protection of the rights of man and fundamental freedoms
Convention for the protection of the rights of man and fundamental freedoms
as amended by Protocols Nos. 11 and no. 14
Rome, 4.XI.1950
This page includes the text of the Convention as amended by its Protocol No. 14 (CETS No. 194) from the date of its entry into force on 1 June 2010.
The text of the Convention had been previously amended in accordance with the provisions of Protocol n ° 3 (ETS No. 45), 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) °, which entered into force on 1 January 1990, and comprised also the text of Protocol No. 2 (ETS No. 44) whichin accordance with article 5, paragraph 3, had is an integral part of the Convention since its entry into force on September 21, 1970. All provisions which had been amended or added by these protocols had been replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force on 1 November 1998. From that date, Protocol No. 9 (ETS No. 140), entered into force on 1 October 1994, had been repealed and Protocol No. 10 (ETS No. 146) had become moot.
Table of the Declarations relating to the former articles 25 and 46 of the ECHR
Protocols: No.. 1. No. 4. No. 6. No. 7
No. 12. No. 13. No. 14
Madrid Agreement (12.V.2009)
Français
Translations
Preparatory work
Steering Committee for the rights of man (CDDH)
European Court of human rights
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The Governments signatory hereto, Member of the Council of Europe,
Whereas the Universal Declaration of the human rights, proclaimed by the General Assembly of Nations on 10 December 1948;
Whereas that this statement tends to ensure the recognition and enforcement universal and effective rights contained therein;
Whereas the aim of the Council of Europe is to achieve a greater unity between its members and that one of the ways to achieve this goal is the safeguarding and development of the rights of man and fundamental freedoms;
Reaffirming their profound belief in those fundamental freedoms which are the Foundation of justice and peace worldwide and including the maintenance is based mainly on a diet policy truly democratic, on the one hand, and, secondly, on a common understanding and a common respect for the human rights which they claim;
Being resolved, as the Governments of European countries with the same spirit and having a common heritage of ideal and political traditions, respect for the freedom and rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration,
Agreed to the following:
Article 1 - Obligation to respect human rights
The High Contracting Parties recognize to everyone within their jurisdiction the rights and freedoms defined in title I of this Convention:
Title I - Rights and freedoms
Article 2 – Right to life
1. The right of every person to life is protected by law. Death cannot be imposed on anyone who intentionally except in execution of a sentence imposed by a court where the offence is punishable by the death penalty by law.
Dead 2. is not regarded as inflicted in contravention of this article when it results an action rendered force absolutely necessary: a.pour the defence of any person from unlawful violence;
b.to make a regular arrest or to prevent the escape of a person lawfully detained;
c. punishing, in accordance with the law, a riot or insurrection.
Article 3 – Prohibition of torture
No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4 - Prohibition of slavery and forced labour
1.NUL can not be held in slavery or servitude.
2.NUL cannot be required to perform forced or compulsory labour.
3.N' is not considered "forced or compulsory labour" within the meaning of this article: a.tout working normally a person subject to detention under the conditions laid down in article 5 of this Convention or during conditional release;
b. service of a military character or, in case of conscientious objectors in countries where conscientious objection is recognized as legitimate, to another service instead of compulsory military service;
c.tout service required in the case of crisis or calamity threatening the life or well-being of the community;
d.tout work or service forming part of normal civic obligations.
Article 5 – Right to liberty and security
1. Any person a right to liberty and security. No person shall be deprived of his liberty except in the following cases and according to the legal channels: a.s' he is regularly detained after conviction by a competent court;
b.s' was the subject of an arrest or detention regular for non-compliance with an order made under the Act, by a court or to secure the performance of an obligation prescribed by law;
c.s' arrested and detained to be brought before the competent judicial authority, where there is a plausible reasons for suspecting that he has committed an offence or there are reasonable grounds to believe in the need to prevent him from committing an offence or fleeing after the completion thereof;
d ' it's the regular detention of a minor, decided for his reformatory or regular detention, to bring them before the competent authority;
e.s' it's the regular holding of a person likely to spread a contagious disease, insane, an alcoholic, a drug addict or a vagabond;
f.s. ' it comes of the arrest or the regular detention of a person to prevent him enter irregularly in the territory, or against whom a deportation or extradition procedure is ongoing.
2. Any person arrested shall be informed, in the shortest time and in a language he understands, of the reasons for his arrest and of any charge against him.
3. Any person arrested or detained, in the conditions laid down in paragraph 1.c of this article shall be immediately brought before a judge or other officer authorised by law to exercise judicial power and has the right to be tried within a reasonable time or release pending trial. The release may be subject to a guarantee ensuring the attendance of the applicant at the hearing.
4.Toute person deprived of his liberty by arrest or detention has the right to bring an action before a court, so that it shall act promptly on the lawfulness of his detention and order his release if the detention is unlawful.
5. Any person victim of arrest or detention in conditions contrary to the provisions of this section is entitled to compensation.
Article 6 - Right to a fair trial
1. Any person entitled to have his case heard fairly, publicly and within a reasonable time by an independent and impartial tribunal established by law, which will decide, either on its rights and obligations of a civil nature, challenges to the merits of any charge in criminal matters against him. Judgement must be rendered publicly, but access to the courtroom can be banned to the press and the public for the whole or a part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the privacy of the parties to the proceedings so require, or to the extent strictly required by the Court, when in special circumstances the advertising would be likely to be deemed detrimental to the interests of justice.
2. Any person charged with an offence is presumed innocent until his guilt has been legally established.
3. Accused is entitled inter alia to: a.etre informed in promptly, in a language which he understands and in detail, of the nature and cause of the charge against him;
b.disposer of time and the necessary facilities for the preparation of his defence;
c.se defend himself or to have the assistance of counsel of his choice and, if it has no means of paying a defender, be able to be assisted free of charge by a lawyer, when the interests of justice so require;
d.interroger or make question witnesses and obtain the summoning and questioning of witnesses under the same conditions as witnesses;
e.se to free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7 - no punishment without law
1.NUL may be sentenced for an act or omission which, at the time when it was committed, did not constitute an offence under national or international law. Similarly it is inflicted a penalty greater than that which was applicable at the time the offence was committed.
2. This article shall not prejudice the trial and punishment of any person for an act or omission which, at the time when it was committed, was criminal according to the General principles of law recognized by civilized nations.
Article 8 - Right to respect for private and family life
1. Any person is entitled to respect for his private and family life, his home and his correspondence.
2. Can be no interference by a public authority in the exercise of this right only in so far that this interference is provided for by law and constitutes a measure which, in a democratic society, is necessary for national security, public safety, the economic well-being of the country, the defence of the order and the prevention of criminal offencesthe protection of health or morals, or the protection of the rights and freedoms of others.
Article 9 - Freedom of thought, conscience and religion
1. Any person is entitled to freedom of thought, conscience and religion; This right includes freedom to change religion or belief, as well as the freedom to manifest religion or belief individually or collectively, in public or in private, in worship, teaching, practice and the performance of rituals.
2. Freedom to manifest his religion or beliefs may be subject to restrictions other than those which, under the Act, are necessary in a democratic society, public safety, for the protection of the order, health or public morals, or the protection of the rights and freedoms of others.
Article 10 - Freedom of expression
1. Any person is entitled to freedom of expression. This right includes freedom of opinion and freedom to receive or impart information or ideas without there may be interference by public authorities and regardless of frontiers. This article does not prevent the States to a system of authorization of broadcasting undertakings, cinema or television.
2. ' Exercise of these freedoms with duties and responsibilities may be subject to certain formalities, conditions, restrictions or penalties provided for by law, which are necessary, in a democratic society, national security, territorial integrity or public safety, the defence of the order and the prevention of crime, for the protection of health or moralsthe protection of the reputation or rights of others, for preventing the disclosure of confidential information or to ensure the authority and impartiality of the judiciary.
Article 11 - Freedom of Assembly and association
1. Any person is entitled to freedom of peaceful assembly and freedom of association, including the right to establish with other trade unions and to join trade unions for the protection of his interests.
2. ' Exercise of these rights may be subject to restrictions other than those which, under the Act, are necessary in a democratic society, to national security, public safety, defense of order and prevention of crime, for the protection of health or morals, or the protection of the rights and freedoms of others. This section does not prohibit legitimate restrictions to be imposed on the exercise of these rights by members of the armed forces, the police or the administration of the State.
Article 12 - The right to marriage
Marriageable age, the man and the woman 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
Any person whose rights and freedoms recognized in the present Convention have been violated, has the right to an effective remedy before a national authority, even though the violation has been committed by persons acting in the exercise of their official duties.
Article 14 - Prohibition of discrimination
The enjoyment of the rights and freedoms recognized in the present Convention shall be secured without discrimination, including on grounds of sex, race, colour, language, religion, political opinions or any other opinions, national or social origin, membership of a national minority, fortune, birth or other status.
Article 15 - Derogation during States of emergency
1. In case of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from the obligations laid down by this Convention, to the extent strictly when the situation so requires and on condition that such measures are not inconsistent with its other obligations under international law.
2. Previous provision allows no derogation from article 2, except for the case of death resulting from lawful acts of war, and in articles 3, 4 (paragraph 1) and 7.
3. Any High Contracting Party exercising this right of derogation is the Secretary General of the Council of Europe fully informed of the measures taken and the reasons that inspired. It shall also inform the Secretary General of the Council of Europe of the date at which these measures ceased to be in force and the provisions of the Convention are again full implementation.
Article 161 - Restrictions on political activity of aliens
None of the provisions of articles 10, 11 and 14 cannot be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
Article 17 – Prohibition of abuse of rights
None of the provisions of this Convention may be interpreted as implying for a State, a group or an individual, a right any to engage in any activity or to perform any act aimed at the destruction of the rights or freedoms recognized in the present Convention or further limitations of these rights and freedoms as provided for in the Convention.
Article 18 – Limitation on use of restrictions on rights
The restrictions which, under the terms of this Convention, are made to such rights and freedoms can be applied only for the purpose for which they were intended.
Title II – European Court of human rights
Article 19 – Establishment of the Court
Ensuring compliance of the commitments resulting for the High Contracting Parties of the Convention and its Protocols shall be set up a European Court of human rights, below named "the Court". It works permanently.
Article 20 – Number of judges
The Court consists of a number of judges equal to that of the High Contracting Parties.
Article 21 - Conditions for the exercise of functions
1. Judges must be of the highest moral and meet the conditions required for the exercise of high judicial office or be jurisconsults of recognized competence.
2. Judges sit on the Court in their individual capacity.
3 The term of their Office, judges cannot exercise any activity that is incompatible with the requirements of independence, impartiality or availability required by an activity on a full-time basis; any question arising under this subsection shall be determined by the Court.
Article 22 – Election of judges 1
Judges are elected by the Parliamentary Assembly in respect of each High Contracting Party by a majority of the votes cast, on a list of three candidates nominated by the High Contracting Party.
Article 23 – Terms of Office and dismissal 2
1. Judges are elected for a period of nine years. They are not eligible for re-election.
2. The mandate of judges ends as soon as they reach the age of 70.
3. Judges shall remain in Office until their replacement. However, they continue to hear cases which they are already seized.
4.A judge may be relieved from Office unless the other judges decide by a majority of two-thirds that that judge has ceased to meet the requirements.
Article 24 – Registry and rapporteurs 2
1. The Court has a registry which the tasks and the Organization are laid down by the rules of court.
2. ' Sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the president of the Court. They are part of the registry of the Court.
Article 25 - Assembly plenary 2
The Court meeting in plenary Assembly:
a.elit, for a period of three years, its president and one or two vice-presidents; they are eligible for re-election;
b.constitue of the rooms for a specified period;
c.elit the presidents of Chambers of the Court, who may be re-elected.
d.adopte the rules of court;
e.elit the clerk and one or several clerks Assistant;
f.fait any request under article 26, paragraph 2.
Article 26 – Single-judge, committees, Chambers and Grand Chamber 2 Formations
1. Examination of cases brought before it, the court sit in the form of single judge, in committees of three judges, in chambers of seven judges and in a Grand Chamber of seventeen judges. The rooms of the Court are committees for a specified period.
2. The application of the plenary Assembly of the Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges rooms.
3.A judge sitting as a single judge examine any application against the High Contracting Party in respect of which that judge was elected.
4. The judge elected in respect of a high contracting party party to the dispute is a member of the Chamber and the Grand Chamber. In the absence of that judge, or when it is not able to sit, a person selected by the president of the Court from a list submitted in advance by the party sits as judge.
5.Font also part of the Grand Chamber, the President of the Court, the vice-presidents, the presidents of Chambers and other judges appointed in accordance with the rules of court. When the case is referred to the Grand Chamber under article 43, no judge from the Chamber which rendered the judgment can sit, with the exception of the president of the Chamber and the judge who sat in respect of the High Contracting Party concerned.
Article 27 – Competence of single judges 3
1.A single judge may declare an application submitted under article 34 inadmissible or scratch the role where such a decision can be taken without further examination.
2. The decision is final.
3. If the single judge does not declare an application inadmissible or not the scratches away from the role, this judge forwards it to a Committee or to a Chamber for further examination. »
Article 28 – Competence of committees 4
1.A Committee seized of an application submitted under article 34 may, by unanimous vote, a. declare it inadmissible or scratch the role where such a decision can be taken without further examination; or
b. declare admissible and jointly make a judgment on the merits where the question relating to the interpretation or application of the Convention or its protocols which is at the origin of the case is the subject of well-established case-law of the Court.
2. Decisions and judgments under paragraph 1 shall be final.
3. If the judge elected in respect of the High Contracting Party party to the dispute is not a member of the Committee, the latter may, at any time of the procedure, invite him to sit in his breast in lieu of one of its members, taking into account all relevant factors, including the question of whether if that party has contested the application of the procedure of paragraph 1.b.
Article 29 – Decisions by Chambers on admissibility and merits 1
1. If no decision has been taken under articles 27 or 28, or no judgment rendered under article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under article 34. The decision on admissibility may be taken separately.
2. Chamber shall decide on the admissibility and the merits of State applications under article 33. Unless otherwise decided by the Court in exceptional cases, the decision on admissibility shall be taken separately.
Article 30 - Divestiture in favour of the Grand Chamber
If the case pending before a Chamber raises a serious question affecting the interpretation of the Convention or its protocols, or the solution of a question can lead to a conflict with a judgment previously delivered by the Court, the Chamber may, as long as it has not delivered its judgment, withdraw in favour of the Grand Chamber, unless one of the parties objects.
Article 31 – Powers of the Grand Chamber 1
The Grand Chamber:
a.se decision on applications under article 33 or article 34 when the case was referred to him by the Chamber under article 30 or when the case was referred under article 43;
b.se decides on the issues before the Court by the Committee of Ministers under article 46, paragraph 4; and
c.examine requests for advisory opinions submitted under article 47.
Article 32 - Jurisdiction of the Court 1
1. The jurisdiction of the Court extends to all matters concerning the interpretation and the application of the Convention and its Protocols be submitted under the conditions provided for by articles 33, 34, 46 and 47.
2. In case of dispute as to whether the Court has jurisdiction, the Court decides.
Article 33 - Inter-State cases
Any High Contracting Party may petition the Court of any breach of the provisions of the Convention and its protocols that it believes can be attributed to another High Contracting Party.
Article 34 - Individual applications
Table of the Declarations relating to the former articles 25 and 46 of the ECHR
The Court may be seised of a request by any natural person, any non-governmental organization or group of individuals claiming to be victims of a violation by one of the High Contracting Parties of the rights recognized in the Convention or its protocols. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
Article 35 - Admissibility Conditions 1
1. The Court can be entered only after the exhaustion of internal remedies, as it is understood according to the principles of generally accepted international law, and within a period of six months from the date of the final internal decision.
2. Did the Court retains no individual application submitted under article 34, when a.elle is anonymous; or
b.Elle is essentially the same as a motion previously examined by the Court or already submitted to another international procedure of investigation or settlement and if it contains no new facts.
3. The Court shall declare inadmissible any individual application submitted under article 34 if it considers: a.que the application is incompatible with the provisions of the Convention or its protocols, clearly ill founded or abusive; or
b.que the applicant suffered no injury, unless the respect of the rights guaranteed by the Convention and its protocols requires an examination of the application on the merits and provided they don't dismiss for that reason no matter which has not been duly considered by a court closed.
4. Court rejects any request that it consider as inadmissible pursuant to this article. It can do so at any stage of the procedure.
Article 36 – third party intervention 1
1. All cases before a Chamber or the Grand Chamber, a high contracting party whose national is applicant has the right to submit written comments and take part in hearings.
2. The interest of a proper administration of justice, the president of the Court may invite any High Contracting Party which is not a party to the proceeding or any interested person other than the applicant to submit written comments or take part in hearings.
3. In all cases before a Chamber or the Grand Chamber, the Council of Europe human rights Commissioner may submit written comments and take part in hearings.
Article 37 - Radiation
1.A any time during the procedure, the Court may decide to scratch a query of the role when circumstances permit to conclude: a.que the applicant no longer hear to keep it; or
b.que the dispute has been resolved; or
c.que, for any other reason the Court notes the existence, it is no longer justified to continue the examination of the request.
However, the Court continued its consideration of the request if required by the respect of the rights guaranteed by the Convention and its protocols.
2. Court may decide the re-application to the role of a query where it considers that the circumstances so warrant.
Article 38 - Adversarial examination of the case 4
The Court examines the case of contradictorily with the representatives of the parties and, if applicable, is conducting an investigation for the effective conduct of which the High Contracting Parties concerned will provide all necessary facilities.
Article 39 – Friendly settlements 4
1.A any time during the procedure, the Court can put at the disposal of the parties concerned to reach an amicable settlement of the case inspired by respect for human rights as recognize them the Convention and its protocols.
2. Procedure described in paragraph 1 is confidential.
3. In case of amicable settlement, the Court dropped case role by a decision that is limited to a brief statement of the facts and of the solution adopted.
4.Cette decision is transmitted to the Committee of Ministers which monitors the execution of the terms of the friendly settlement as set out in the decision.
Article 40 – Public hearing and access to documents
1. ' Hearing is public unless the Court decides otherwise due to exceptional circumstances.
2. The documents filed at the registry are accessible to the public unless the president of the Court decides otherwise.
Article 41 – Just Satisfaction
If the Court declared that there was a violation of the Convention or its protocols, and if the internal law of the High Contracting Party allows to clear that imperfectly the consequences of this violation, the Court granted to the injured party, if there is, just satisfaction.
Article 42 - Judgments of Chambers
The judgments of the rooms become final in accordance with the provisions of article 44, paragraph 2.
Article 43 - Referral to the Grand Chamber
1. Within three months from the date of the judgment of a Chamber, any party to the case may, in exceptional cases, request referral of the case to the Grand Chamber.
2. A panel of five judges of the Grand Chamber accept the request if the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or even a serious issue of general character.
3. The college accepts the request, the Grand Chamber shall decide on the matter by a judgment.
Article 44 – Final judgments
1. ' Judgment of the Grand Chamber is final.
2. ' Judgment of a Chamber shall become final: values the parties declare that they will not request the referral to the Grand Chamber; or
b.Trois months after the date of the judgment, if the referral to the Grand Chamber has not been requested; or
c. college of the Grand Chamber rejects the request for referral pursuant to article 43.
3. ' Final judgment is published.
Article 45 – Reasons for judgments and decisions
1. Judgments and decisions declaring applications admissible or inadmissible, are motivated.
2. The judgment expresses not in whole or in part the unanimous opinion of the judges, any judge has the right to attach the statement of his separate opinion.
Article 46 – Binding Force and execution of judgments 1
1. High Contracting Parties undertake to comply with the final judgments of the Court in disputes to which they are parties.
2. ' The Court's final judgment is transmitted to the Committee of Ministers which supervises the execution.
3. The Committee of Ministers considers that the supervision of the execution of a final judgment is hindered by a difficulty of interpretation of this judgment, it may apply to the Court to pronounce on this question of interpretation. The decision of the Court is taken by a majority vote of two-thirds of the representatives entitled to sit on the Committee.
4. The Committee of Ministers considers that a high contracting party refuses to comply with a final judgment in a case to which it is party, it may, after having warned that party and by decision taken by a vote by a majority of two-thirds of the representatives entitled to sit on the Committee, the Court of the question of compliance by that party of its obligation under paragraph 1.
5. If the Court finds a violation of paragraph 1, it returns the case to the Committee of Ministers examine the measures to be taken. If the Court finds no violation of paragraph 1, it refers the case to the Committee of Ministers, which decides to conclude its consideration.
Article 47 – Advisory opinions
1. Did the Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and its protocols.
2. These opinion cannot wear or on issues relating to the content or scope of the rights and freedoms defined in title I of the Convention and in the protocols or other issues which the Court or the Committee of Ministers might have to know as a result of the introduction of a remedy provided by the Convention.
3. The decision of the Committee of Ministers to request an opinion to the Court shall be taken by a majority vote of the representatives entitled to sit on the Committee.
Article 48 - Advisory jurisdiction of the Court
The Court decides whether the request for an advisory opinion submitted by the Committee of Ministers falls within such jurisdiction as defined in article 47.
Article 49 – Reasons for advisory opinions
1. ' Reasoned opinion of the Court.
2. Notice does not represent in whole or in part the unanimous opinion of the judges, any judge has the right to attach the statement of his separate opinion.
3. ' Opinion of the Court is forwarded to the Committee of Ministers.
Article 50 – Costs of operation of the Court
Functioning of the court costs are the responsibility of the Council of Europe.
Article 51 – Privileges and immunities of judges
Judges enjoy during the exercise of their functions, the privileges and immunities provided for in article 40 of the Statute of the Council of Europe and in the agreements reached at the title of this article.
Title III — Miscellaneous provisions
Article 52 - Investigations of the Secretary General
Any High Contracting Party will provide the explanations required on the manner in which its internal law ensures the effective implementation of all the provisions of this Convention at the request of the Secretary General of the Council of Europe.
Article 53 - Safeguard of human rights
None of the provisions of this Convention shall be construed as limiting or infringing human rights and fundamental freedoms which may be recognized under the laws of any Contracting Party or to any other Convention to which the Contracting Party is a party.
Article 54 – Powers of the Committee of Ministers
Nothing in this Convention shall affect the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.
Article 55 - Waiver of other modes of settlement of disputes
The High Contracting Parties renounce reciprocally, except compromise special, to avail themselves of treaties, conventions or declarations between them, to submit, by way of petition, a dispute arising from the interpretation or application of this Convention to a mode of settlement other than those provided for in the Convention.
Article 56 – Territorial Application
1 State may, at the time of ratification or at any time thereafter, declare by notification addressed to the Secretary General of the Council of Europe, that this Convention will apply, subject to paragraph 4 of this article, all the territories or one any of the territories which it ensures international relations.
2. Convention will apply to the territory or territories named in the notification from the thirtieth day following the date on which the Secretary General of the Council of Europe will have received this notification.
3. Said territories the provisions of this Convention shall be applied taking into account local needs.
4. Any State which has made a declaration under paragraph 1 of this article, may, at any time thereafter, declare relating to one or more of the territories referred to in this declaration that it accepts the jurisdiction of the Court to entertain requests from individuals, NGOs or groups of individuals as provided by article 34 of the Convention.
Article 57 - reservations
1 State may, when signing this Convention or depositing its instrument of ratification, make a reservation in respect of any particular provision of the Convention, to the extent that any law then in force in its territory is not conformity with this provision. Reservations of a general nature are not allowed under the terms of this article.
2. Any protest under this section includes a brief presentation of the Act in question.
Article 58 – denunciation
1. High Contracting Party may denounce this Convention only after the expiry of a period of five years from the date of entry into force of the Convention towards him with a six-month notice by notification addressed to the Secretary General of the Council of Europe, who shall inform the other Contracting Parties.
2 Denunciation shall not have effect to untie the High Contracting Party concerned obligations contained in this Convention all actually which may constitute a breach of these obligations, would have been accomplished by it prior to the date on which the denunciation effect.
3.Sous the same reserve would cease to be a party to this Convention any Contracting Party which ceases to be a member of the Council of Europe.
4. Convention may be denounced in accordance with the provisions of the previous paragraphs with respect to any territory to which it was declared applicable to the terms of article 56.
Article 59 – Signature and ratification 1
1. This Convention is open for signature by the members of the Council of Europe. It will be ratified. Ratifications will be deposited near the Secretary General of the Council of Europe.
2. ' European Union may accede to this Convention.
3. This Convention shall enter into force after the deposit of ten instruments of ratification.
4. Any signatory ratifying subsequently, the Convention shall enter into force upon the deposit of the instrument of ratification.
5. The Secretary General of the Council of Europe shall notify all members of the Council of Europe the entry into force of the Convention, the names of the High Contracting Parties who have ratified it, and the deposit of any instrument of ratification subsequently intervened.
Done at Rome, 4 November 1950, in French and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe in shall communicate certified copies thereof to all the signatories.
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Notes:
1 Text amended according to the provisions of Protocol No. 14 (CETS No. 194).
2 Article entitled, renumbered and text amended according to the provisions of Protocol No. 14 (CETS No. 194).
3 New article in accordance with the provisions of Protocol No. 14 (CETS No. 194).
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info Benjamin et de son fils Aureo (sefca puteaux solidaire du papa)
Cédric Fleurigeon http://www.facebook.com/event.php?eid=264268448591 Nous demandons à tous pendant une journée, le samedi 30 janvier 2010 de changer la photo de votre profil par celle de Benjamin et de son fils Aureo Il serait bon de voir fleurir cette photo sur la toile que se soit sur Facebook, MySpace, MSN ainsi que sur tous les méd
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