PROTOCOL No. 12
TO THE CONVENTION FOR THE PROTECTION
OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
(Rome, 4.XI.2000)
The member States of the Council of Europe signatory hereto,
Having regard to the fundamental principle according to which
all persons are equal before the law and are entitled to the equal
protection of the law;
Being resolved to take further steps to promote the equality
of all persons through the collective enforcement of a general
prohibition of discrimination by means of the Convention for the
Protection of Human Rights and Fundamental Freedoms signed at Rome
on 4 November 1950 (hereinafter referred to as "the Convention");
Reaffirming that the principle of non-discrimination does not
prevent States Parties from taking measures in order to promote
full and effective equality, provided that there is an objective
and reasonable justification for those measures,
Have agreed as follows:
Article 1
General prohibition of discrimination
1 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.
2 No one shall be discriminated against by any public
authority on any ground such as those mentioned in paragraph 1.
Article 2
Territorial application
1 Any State may, at the time of signature or when depositing
its instrument of ratification, acceptance or approval, specify
the territory or territories to which this Protocol shall apply.
2 Any State may at any later date, by a declaration addressed
to the Secretary General of the Council of Europe, extend the
application of this Protocol to any other territory specified in
the declaration. In respect of such territory the Protocol shall
enter into force on the first day of the month following the
expiration of a period of three months after the date of receipt
by the Secretary General of such declaration.
3 Any declaration made under the two preceding paragraphs may,
in respect of any territory specified in such declaration, be
withdrawn or modified by a notification addressed to the Secretary
General. The withdrawal or modification shall become effective on
the first day of the month following the expiration of a period of
three months after the date of receipt of such notification by the
Secretary General.
4 A declaration made in accordance with this article shall be
deemed to have been made in accordance with paragraph 1 of Article
56 of the Convention.
5 Any State which has made a declaration in accordance with
paragraph 1 or 2 of this article may at any time thereafter
declare on behalf of one or more of the territories to which the
declaration relates that it accepts the competence of the Court to
receive applications from individuals, non-governmental
organisations or groups of individuals as provided by Article 34
of the Convention in respect of Article 1 of this Protocol.
Article 3
Relationship to the Convention
As between the States Parties, the provisions of Articles 1
and 2 of this Protocol shall be regarded as additional articles to
the Convention, and all the provisions of the Convention shall
apply accordingly.
Article 4
Signature and ratification
This Protocol shall be open for signature by member States of
the Council of Europe which have signed the Convention. It is
subject to ratification, acceptance or approval. A member State of
the Council of Europe may not ratify, accept or approve this
Protocol without previously or simultaneously ratifying the
Convention. Instruments of ratification, acceptance or approval
shall be deposited with the Secretary General of the Council of
Europe.
Article 5
Entry into force
1 This Protocol shall enter into force on the first day of the
month following the expiration of a period of three months after
the date on which ten member States of the Council of Europe have
expressed their consent to be bound by the Protocol in accordance
with the provisions of Article 4.
2 In respect of any member State which subsequently expresses
its consent to be bound by it, the Protocol shall enter into force
on the first day of the month following the expiration of a period
of three months after the date of the deposit of the instrument of
ratification, acceptance or approval.
Article 6
Depositary functions
The Secretary General of the Council of Europe shall notify
all the member States of the Council of Europe of:
a any signature;
b the deposit of any instrument of ratification, acceptance or
approval;
c any date of entry into force of this Protocol in accordance
with Articles 2 and 5;
d any other act, notification or communication relating to
this Protocol.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Protocol.
Done at Rome, this 4th day of November 2000, in English and in
French, both texts being equally authentic, in a single copy which
shall be deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe.
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