Ratification of Protocols Nos. 2, 3 and 4 to the European Convention on Human Rights

Recommendation 485 (1967)

Author(s):

Parliamentary Assembly

Origin

Assembly Debate on 26th January 1967 (23rd Sitting) (see Doc. 2152,Doc. 2152, report of the Legal Committee). Text adopted by the Assembly on 26th January 1967 (23rd Sitting).

The Assembly,

1. Having considered the 17th statutory report of the Committee of Ministers and, in particular, its Chapter IX relating to the Convention on Human Rights ;

2. Recalling its Recommendation 232 of 22nd January 1960 proposing the conclusion of an agreement which would confer on the European Court of Human Rights the competence to interpret the Convention on Human Rights, when a doubt had arisen of a legal character ; and its Recommendation 234 of 22nd January 1960 proposing the conclusion of a further Protocol to the Convention to guarantee certain additional rights not protected by the Convention itself or by the first Protocol of 22nd March 1952 ;

3. Noting that, as a result of those proposals, Protocol No. 2 to the Convention was concluded on 6th April 1963, but that it has only been signed by thirteen of the Contracting Parties and only ratified by eight of them whereas fifteen ratifications are necessary for it to enter into force ; also that Protocol No. 4 was concluded on 16th September 1963 but that it has only been signed by eleven of the Contracting Parties and only ratified by three of them, whereas five ratifications are necessary for it to enter into force ;

4. Noting that Protocol No. 3 to the Convention on Human Rights amending its Articles 29, 30 and 34 (relating to the procedure of the Commission), which was opened for signature on 6th April 1963, has only been signed by fourteen of the Contracting Parties and only ratified by eight of them, whereas fifteen ratifications are necessary for it to enter into force,

5. Recommends the Committee of Ministers :

a to invite Contracting Parties which have not yet signed Protocols Nos. 2, 3 and 4 to do so ;

b to invite Contracting Parties which have signed but not ratified these Protocols to ratify them without delay ;

c to inform the Assembly of the reasons why any Contracting Party has not yet signed or ratified these Protocols.