Doc. 9252
8 October 2001

Ratification of the protocols to the European Convention on Human Rights

Motion for a recommendation

presented by Mr Marty and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Parliamentary Assembly underlines the unique and exemplary role the European Convention on Human Rights (ECHR) has played in protecting and developing human rights in Europe over the last 50 years.

2.       It pays tribute to the Convention’s vitality and dynamism as demonstrated both by the case-law of the Court and by the adoption of 12 protocols, some of which have adapted the supervisory machinery while others have added new rights.

3.       In order to respond to new needs or strengthen certain rights already protected, the Assembly has asked the Committee of Ministers several times to adopt protocols adding new rights to the Convention. While this policy will be continued wherever necessary, it is also important to make sure that the entire body of Convention law - comprising the Convention and all the protocols – is ratified by all member states and applied throughout all parts of their territory without exception. The Assembly intends doing everything in its power to bring this about.

4.       With the exception of the protocols amending the supervisory machinery established under the Convention (Protocols Nos. 2, 3, 5, 8, 9, 10 and 11), none of the 12 protocols to the Convention has been ratified by all member states, even though all barring the last one have entered into force.

5.       In particular, Protocol No. 1 guaranteeing the right to the peaceful enjoyment of possessions, the right to education and the right to free elections, which was opened for signature in 1952, has still not been ratified by five member states; Protocol No. 4 guaranteeing freedom of movement and prohibiting the collective expulsion of foreigners, which was opened for signature in 1963, has still not been ratified by 10 member states; Protocol No. 6 abolishing the death penalty, which was opened for signature in 1983, has still not been ratified by four member states; and Protocol No. 7 introducing certain procedural guarantees, which was opened for signature in 1984, has still not been ratified by 14 member states. Lastly, Protocol No. 12 introducing a general non-discrimination clause, which was opened for signature in November 2000, has so far been ratified by only one state.

6.       The Assembly therefore calls on all member states to ratify all the protocols within one year of the adoption of this recommendation, without prejudice to any shorter deadlines which may be set for certain individual member states.

7.       The Assembly recommends that the Committee of Ministers make sure that this objective is achieved.

Signed : ¹

Marty, Switzerland, LDR

Clerfayt, Belgium, LDR

Coifan, Romania, LDR

Demetriou, Cyprus, EPP/CD

Err, Luxembourg, SOC

Gustafsson, Sweden, EPP/CD

Holovaty, Ukraine, LDR

Hunault, France, EDG

Kresák, Slovakia, LDR

Kroupa, Czech Republic, EPP/CD

Lintner, Germany, EPP/CD

Lippelt, Germany, LDR

McNamara, United Kingdom, SOC

Nabolz-Haidegger, Switzerland, LDR

Škrabalo, Croatia, LDR

Svoboda, Czech Republic, EPP/CD

Tabajdi, Hungary, SOC

Vanoost, Belgium, SOC

Wohlwend, Liechtenstein, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group