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Council of Europe - Protocol No 12 to the Convention for the

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Council of Europe - Protocol No 12 to the Convention for the

     European Treaty Series - No. 177

    PROTOCOL No. 12

    TO THE CONVENTION

    FOR THE PROTECTION

    OF HUMAN RIGHTS

    AND FUNDAMENTAL FREEDOMS

    Rome, 4.XI.2000

2 ETS 177 Convention for the Protection of Human Rights (Protocol No. 12), 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 of the Council of Europe. 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.

3 ETS 177 Convention for the Protection of Human Rights (Protocol No. 12), 4.XI.2000 _______________________________________________________________________________________________

     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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