Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
The remaining Protocols, and the rights and freedoms they guarantee,
are as follows:
– Protocol No.1, which entered into force on 18 May 1954: protection of property, the right to education, and the right to free elections.
– Protocol No. 4, which entered into force on 2 May 1968: prohibition of imprisonment for debt, freedom of movement, prohibition of expulsion of
nationals, and the prohibition of collective expulsion of aliens.
– Protocol No. 6, which entered into force on 1 March 1985, provides for the
abolition of the death penalty but includes a provision to allow the Contracting Parties to prescribe the death penalty in their legislation in time of
war or of imminent threat of war.
– Protocol No. 7, which entered into force on 1 November 1988: procedural safeguards relating to expulsion of aliens, the right of appeal in criminal matters, the right to compensation for wrongful conviction, the
right not to be tried or punished twice for the same offence, and equality
between spouses.
– Protocol No. 12, which entered into force on 1 April 2005: created a
free-standing prohibition of discrimination. Unlike Article 14 of the Convention, which prohibits discrimination in the enjoyment of “the rights
and freedoms set forth in the Convention”, Protocol No. 12 prohibits discrimination in the enjoyment of “any right set forth by law” and not just
those rights guaranteed under the Convention.
– Protocol No. 13, which entered into force on 1 July 2003: abolished the death
penalty in all circumstances.
Applicants should note that the Protocols mentioned above have not been ratified
by all the Contracting Parties. It follows that a complaint made under an Article
of one of the Protocols against a State that has not ratified that Protocol will be
declared inadmissible. The table of Dates of Entry into Force of the Convention and its
Protocols reproduced in Textbox i above should be consulted.
1.5.3 The Rules of Court
The Rules of Court, which are frequently referred to throughout this Guide, set
out in greater detail the organisation and the functioning of the Court as well as
the Court’s procedure. They are indispensable for any applicant or lawyer wishing
to make an application to the Court and must be consulted before making the
application and throughout the course of the proceedings. The Rules of Court are
found at Appendix No. 2 and they can also be accessed online.37
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The Rules of Court may be accessed at http://www.echr.coe.int/Pages/home.aspx?p=basictexts/
rules&c=#n1347875693676_pointer (last visited 23 July 2014).
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