Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation v certain protections against arbitrary expulsion of aliens lawfully resident in the territory of the High Contracting Parties – art. 1; v the right to appeal against a criminal conviction – art. 2; v the right to compensation in case of a miscarriage of justice – art. 3; v the right not to be tried again for the same offence within the jurisdiction of the same State – a provision which cannot be derogated from under article 15 of the Convention – art. 4; and v equality of rights and responsibilities between spouses as to marriage, during marriage and in the event of its dissolution – art. 5. As indicated above, Protocol No. 1242 to the European Convention provides a general prohibition of discrimination, which is independent of the other rights and freedoms guaranteed by the Convention. According to article 1(1) of the Protocol, “the enjoyment of any right set forth by law shall be secured without 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”. Article 1(2) of the Protocol specifies that “no one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1”. As of 29 April 2002, however, this Protocol had not entered into force, having received only one out of the necessary ten ratifications. 4.1.3 Permissible limitations on the exercise of rights43 Some of the articles of the Convention and its Protocols provide for the possibility to impose restrictions on the exercise of rights in particular defined circumstances. This is the case with articles 8 (the right to respect for one’s private and family life), 9 (the right to freedom of thought, conscience and religion), 10 (the right to freedom of expression) and 11 (the right to peaceful assembly and freedom of association) of the Convention. The same holds true with regard to the right to peaceful enjoyment of one’s possessions in article 1 of Protocol No. 1 and the right to freedom of movement and residence in article 2 of Protocol No. 4. The restrictions on the exercise of these rights must, however, in all circumstances be imposed “in accordance with the law”, be “provided for by law” or “prescribed by law”; and, with the exception of article 1 of Protocol No. 1, they must also be “necessary in a democratic society” for the particular purposes specified in the various articles, such as, for instance, in the interests of public safety, for the protection of public order, health or morals, the prevention of disorder or crime or the protection of the rights and freedoms of others (the legitimate reasons vary depending on the right protected). It is true that, while the notion of a democratic society is thus not referred to in connection with restrictions that might be imposed on the right to peaceful enjoyment of one’s possessions, the notion of democracy and a democratic constitutional order is ever-present in the Convention and is a precondition for States that wish to join the Council of Europe. It is therefore possible to conclude that 42 The official name of this Protocol is: Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, ETS no.: 177. 43 For further information on limitations on the exercise of rights, see in particular Chapter 12 of this Manual concerning “Some Other Key Rights: The Freedoms of Thought, Conscience, Religion, Opinion, Expression, Association and Assembly”. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 97