Doc. 9669

22 January 2003

The withdrawal of reservations and derogations made in respect of the European Convention on Human Rights

Motion for a resolution

presented by Mr Clerfayt and others

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

1.       The Assembly, for which implementation of the European Convention on Human Rights and the decisions of the Court throughout the territory of the Council of Europe member states is a constant concern, has noted that the reservations and derogations made in respect of the Convention constitute a hindrance to such implementation.

2.       Some member states, when ratifying the Convention, entered one or more reservations under Article 57 of the Convention and in some cases the reservations were entered several years ago and have not been withdrawn.

3.       Such reservations are permitted to the extent that any law in force at the time in the territory of the Contracting Party is not in conformity with a particular provision of the Convention. They should not therefore be of a permanent nature and should be confined to the period required to bring the law in question into conformity with the Convention.

4.       In the same way, derogations entered under Article 15 should be temporary since they are only possible in the event of a state of emergency.

5.       Consequently, the Assembly calls on the Contracting Parties to the European Convention on Human Rights:

      i. to withdraw any reservations which they made upon ratifying the European Convention on Human Rights after, where appropriate, amending the legislation which justified the reservation in order to bring it into conformity with the Convention;

      ii. to limit recourse to derogations under Article 15 and their duration.

Signed (see overleaf)

Signed : 1

Clerfayt, Belgium, LDR

Alvarez-Arenas, Spain, EPP

Baburin, Ukraine, UEL

Berisha, Albania, EPP

Bindig, Germany, SOC

Bruce, United Kingdom, LDR

Budin, Italy, SOC

R. Huseynov, Azerbaijan, LDR

Jaskiernia, Poland, SOC

Lippelt, Germany, LDR

Lloyd, United Kingdom, SOC

Manzella, Italy, SOC

McNamara, United Kingdom, SOC

Naro, Italy, EPP

Olteanu, Romania, SOC

Shybko, Ukraine, SOC

Tkáč, Slovakia, EDG

1        SOC: Socialist Group

      EPP: 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