Protocol No. 12

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS No. 177) is an additional protocol to the European Convention on Human Rights (ECHR), which provides for a general prohibition of discrimination.

The Protocol was deemed necessary by the Council of Europe member states, because the European Convention on Human Rights (CETS No. 005) in its Article 14 only prohibits discrimination in the enjoyment of the rights guaranteed by the other articles in the Convention.

The Protocol entered into force in 2005, chief stakeholder in its elaboration was the Council of Europe’s European Commission against Racism and Intolerance (ECRI).

The Protocol states, that

  • 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 above


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COE IN BRIEF

Purpose:  Promoting Human Rights, Democracy and the Rule of Law

Entity:  Intergovernmental Organisation

Founding year:  1949

Member states:  46

Based in:  Strassburg/France

Working languages:  EN, FR

Secretary General: Alain Berset

Decision-making body:  Committee of Ministers (=Foreign ministers of the member states)

Consultative bodies:  Parliamentary Assembly; Congress of Local and Regional Authorities; Conference of INGOs; Commissioner for Human Rights

Main legal instrument:  European Court of Human Rights (ECtHR)

Legal basis:  European Convention on Human Rights (ECHR) plus more than 200 Conventions, Additional Protocols and Partial Agreements

Ordinary annual budget: € 385mio
(of which Court: € 85 mio)

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