Protocol No. 12 to the European Convention on Human Rights
Encyclopedia
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 177) is an anti-discrimination treaty of the Council of Europe
. It was adopted on November 4, 2000, in Rome and entered into force on April 1, 2005, after tenth ratification. As of May, 2011, it has 17 member states and 20 signatories (from 47 CoE member states).
Unlike Article 14 of the Convention
itself, the prohibition of discrimination in Protocol 12 is not limited to enjoying others rights provided by the Convention.
has found a violation of Article 1 of Protocol No. 12, was Sejdić and Finci v. Bosnia and Herzegovina
, adjudicated in 2009.
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
. It was adopted on November 4, 2000, in Rome and entered into force on April 1, 2005, after tenth ratification. As of May, 2011, it has 17 member states and 20 signatories (from 47 CoE member states).
Core provisions
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.
Unlike Article 14 of the Convention
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
itself, the prohibition of discrimination in Protocol 12 is not limited to enjoying others rights provided by the Convention.
Application
The first case, where the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
has found a violation of Article 1 of Protocol No. 12, was Sejdić and Finci v. Bosnia and Herzegovina
Sejdić and Finci v. Bosnia and Herzegovina
Sejdić and Finci v. Bosnia and Herzegovina was a case decided by the Grand Chamber of the European Court of Human Rights in 2009, in the first judgment finding a violation of Protocol No. 12...
, adjudicated in 2009.