Draft Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms

Amendment No. 2 | Doc. 13154 | 24 April 2013

Signatories:

Mr Boriss CILEVIČS, Latvia, SOC ; Ms Þuriður BACKMAN, Iceland, UEL ; Mr Aleksandrs SAKOVSKIS, Latvia, SOC ; Lord John E. TOMLINSON, United Kingdom, SOC ; Mr Klaas de VRIES, Netherlands, SOC

Origin

2013 - Second part-session

In the draft opinion, before paragraph 3, insert the following paragraph:

"In order to improve the current text contained in Article 1 of draft Protocol No 15, the word "may" should be inserted between the words "doing so" and "enjoy a margin of appreciation".

Explanatory note

In order to ensure that, in the new recital at the end of the preamble to the Convention, it is clearly understood that the Court's doctrine of the margin of appreciation does not apply to all the rights guaranteed by the Convention, such as the prohibition of torture or slavery (as explained in the open letter sent by a number of mainstream human rights NGOs to all member states of the Council of Europe on 15 April 2013).