• Protocol No. 4, 1963: freedom of movement; freedom from expulsion from territory of
which a national; prohibition of collective expulsion of aliens;103
• Protocol No. 6, 1983: abolition of death penalty;104
• Protocol No. 7, 1984: non-expulsion of aliens except in accordance with law; right to review
of conviction or sentence for criminal offences by a higher court; compensation for conviction where subsequently reversed or pardoned through a miscarriage of justice; protection
against double jeopardy; equality of spouses during and on dissolution of marriage;105
• Protocol No. 12, 2000: non-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;106
• Protocol No. 13, 2002: abolition of death penalty in all circumstances.107
States are bound only by those protocols to which they have become parties.
Many of these rights are the same as those contained within the International Covenant on
Civil and Political Rights. However, there are differences. These include:
• the ICCPR has a freestanding prohibition of discrimination (Article 26) while the ECHR
does not. Although such a right is contained in ECHR Protocol 12, this Protocol has so far
been ratified by only 14 countries;
• the ICCPR guarantees the right of peoples to self-determination (Article 1) and the individual rights of persons belonging to minorities (Article 27) while the ECHR does not;
• through the protocols, the ECHR has guaranteed the right to property and greater rights
for aliens, and has abolished the death penalty, even in time of war. The right to education
(Protocol No. 1) is more often seen as an economic and social right and is included in the
International Covenant on Economic, Social and Cultural Rights rather than the ICCPR.
Procedures
The ECHR is now enforced through a permanent, full-time European Court of Human
Rights (that court will be referred to throughout this manual as the European Court or the
Court).108
The Court consists of a number of judges equal to the number of states parties to the ECHR.
The Court sits in committees of three judges, which can reject cases without a fully reasoned
decision when they are clearly inadmissible. To rule on the admissibility of more complex
cases or on the merits of admissible cases, the Court sits in chambers comprising seven judges. A grand chamber of seventeen judges sits in certain situations.
The European Court has jurisdiction in two types of cases:
103 CETS No. 44. It was opened for signature on 6 May 1963 and entered into force on 21 September 1970.
104 CETS No. 114. It was opened for signature on 28 April 1983 and entered into force on 1 March 1985.
105 CETS No. 117. It was opened for signature on 22 November 1984 and entered into force on 1 November 1988.
106 CETS No. 177. It was opened for signature on 4 November 2000 and entered into force on 1 April 2005.
107 CETS No. 187. It was opened for signature on 3 May 2002 and entered into force on 1 July 2003.
108 From the ECHR’s entry into force in 1953 until 1 November 1998, enforcement was guaranteed through the institutional machinery of the Committee of Ministers, the European Commission on Human Rights (ECommHR) and
the European Court of Human Rights in Strasbourg. This machinery was overhauled in 1994 by Protocol No. 11
(CETS No. 155, opened to signature on 11 May 1994 and entered into force on 1 November 1998).
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Countering Terrorism, Protecting Human Rights
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