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Protocol No. 12 to the European Convention on Human Rights: Wikis

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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 February, 2010, 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 itself, the prohibition of discrimination in Article 12 is not limited to enjoying others rights provided by the Convention.

Application

The first case, where the European Court of Human Rights has found a violation of Article 1 of Protocol No. 12, was Sejdić and Finci v. Bosnia and Herzegovina, abjudicated in 2009.

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