Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
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the right to a fair trial – art. 6;
prohibition of ex post facto laws – art. 7;
the right to respect for one’s private and family life – art. 8;
the right to freedom of thought, conscience and religion – art. 9;
the right to freedom of expression – art. 10;
the right to freedom of assembly and association – art. 11;
the right to marry and to found a family – art. 12;
the right to an effective remedy – art. 13;
prohibition of discrimination – art. 14.
Protocol No. 1 was adopted in 1952 and entered into force on 18 May 1954.38
As of 29 April 2002 it had 40 States parties. This Protocol provides the following rights
and undertakings between the States parties thereto:
v the right to peaceful enjoyment of one’s possessions – art. 1;
v the right to education and the right of parents to ensure such education and teaching
in conformity with their own religious and philosophical convictions – art. 2;
v the holding of free elections at reasonable intervals by secret ballot – art. 3.
Protocol No. 4 of 1963 entered into force on 2 May 1968.39 As of 29 April
2002 it had 35 States parties. Protocol No. 4 added the following rights to be protected:
v the right not to be deprived of one’s liberty merely on the ground of inability to fulfil
a contractual obligation – art. 1;
v the right to freedom of movement and of residence; the right to leave any country,
including one’s own – art. 2;
v the right not to be expelled from the country of which one is a national and the right
not to be refused entry into the State of which one is a national – art. 3;
v prohibition of the collective expulsion of aliens – art. 4.
Protocol No. 6 of 1983 came into force on 1 March 1985.40 As of 29 April
2002 it had 40 States parties. Protocol No. 6 concerns the abolition of the death penalty
(art. 1), but a State may nonetheless “make provision in its law for the death penalty in
respect of acts committed in time of war or of imminent threat of war” (art. 2). No
derogations can be made from the provisions of these articles under article 15 of the
Convention, nor can any reservations be made to this Protocol (arts. 3-4).
Protocol No. 7, adopted in 1984, entered into force on 1 November 1988.41
As of 29 April 2002 there were 32 States parties to this Protocol, which extended the
scope of the Convention by providing for the following additional protection:
38 The official name of this Protocol is: Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental
Freedoms, securing certain rights and freedoms other than those already included in the Convention, ETS, no.: 009.
39 The official name of this Protocol is: Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental
Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the First Protocol, ETS,
no.: 046.
40 The official name of this Protocol is: Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental
Freedoms concerning the abolition of the death penalty, ETS, no.: 114.
41 The official name of this Protocol is: Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental
Freedoms, ETS no.: 117.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers