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Chapter 81: Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 2000 (Twelfth Protocol)

Chapter 81: Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 2000 (Twelfth Protocol)

pp. 660-661

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Edited by , Cardiff University
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Summary

Note: Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedom, adopted Rome, 4 November2000. ETS No. 177. Entry into force: 1 April 2005.

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

  • 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.

  • No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.

  • Article 2 Territorial application

  • 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.

  • 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.

  • 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.

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