28. The key human rights instruments of the Council of Europe are21:
European Convention for the Protection of Fundamental Rights and
Freedoms (ECHR), 1950 and 14 Protocols;
European Social Charter (ESC), 1961, Additional Protocol of 1988,
Amending Protocol of 1991, Additional Protocol of 1995 providing
for a system of collective complaints;
The European Social Charter is gradually being 'replaced' (for those
States which have ratified it) by the Revised European Social
Charter (Strasbourg, 3 May 1996, entered into force 1 July 1999);
European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, 1987 (and 2 Protocols of
1993);
Framework Convention for the Protection of National Minorities,
1995.
29. The Council of Europe framework distinguishes between civil and
political rights and economic and social rights. Civil and political rights
are contained within the ECHR while economic and social rights are in
the European Social Charter.
30. The ECHR is the cornerstone of the Council of Europe system for the
protection of human rights. All member States of the Council of Europe
must be parties to the ECHR.
31. Many of the rights enshrined in ECHR are the same as those contained
within the International Covenant on Civil and Political Rights (ICCPR).
32. The rights guaranteed under the ECHR have been supplemented by
subsequent Protocols:
Protocol No. 1, 1952: right to property, education and free elections.
Protocol No. 4, 1963: freedom of movement; prohibition of expulsion
of nationals; prohibition of collective expulsion of aliens.
Protocol No. 6, 1983: abolition of death penalty.
Protocol No. 7, 1984: safeguards in relation to the expulsion of
aliens; right of appeal to a higher court against conviction or
sentence in criminal matters; compensation for wrongful conviction;
protection against double jeopardy; equality of spouses during and
on dissolution of marriage.
Protocol No. 12, 2000: non-discrimination on any ground such as
sex, race, colour, language, religion, political or other opinion,
national or social origin, and association with a national minority,
property, birth or other status. The Protocol entered into force on 4
April 2005.
Protocol No. 13, 2002: abolition of death penalty in all
circumstances.
21
There are many other Conventions addressing particular human rights violations such Violence
Against Women and Trafficking in Human Beings.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents