Treaty

Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

PartiesParties with a link have a reservation.

Party Signature RatificationS=Signature without reservation or requirement of ratification R=Ratification, Acceptance, Approval or Notification A=Accession Su=Succession NK=Not Known Entry into force Renunciation Termination
Albania 02-10-1996 02-10-1996 (R) 02-10-1996
Andorra 31-05-2007 06-05-2008 (R) 06-05-2008
Armenia 25-01-2001 26-04-2002 (R) 26-04-2002
Austria 16-09-1963 18-09-1969 (R) 18-09-1969
Azerbaijan 25-01-2001 15-04-2002 (R) 15-04-2002
Belgium 16-09-1963 21-09-1970 (R) 21-09-1970
Bosnia and Herzegovina 24-04-2002 12-07-2002 (R) 12-07-2002
Bulgaria 03-11-1993 04-11-2000 (R) 04-11-2000
Croatia 06-11-1996 05-11-1997 (R) 05-11-1997
Cyprus 06-10-1988 03-10-1989 (R) 03-10-1989
Czech Republic 01-01-1993 (Su) 01-01-1993
Czechoslovakia (<01-01-1993) 21-02-1991 18-03-1992 (R) 18-03-1992
Denmark 16-09-1963 30-09-1964 (R) 02-05-1968
Estonia 14-05-1993 16-04-1996 (R) 16-04-1996
Finland 05-05-1989 10-05-1990 (R) 10-05-1990
France 22-10-1973 03-05-1974 (R) 03-05-1974
Georgia 17-06-1999 13-04-2000 (R) 13-04-2000
Germany 16-09-1963 01-06-1968 (R) 01-06-1968
Hungary 06-11-1990 05-11-1992 (R) 05-11-1992
Iceland 16-11-1967 16-11-1967 (R) 02-05-1968
Ireland 16-09-1963 29-10-1968 (R) 29-10-1968
Italy 16-09-1963 27-05-1982 (R) 27-05-1982
Latvia 21-03-1997 27-06-1997 (R) 27-06-1997
Liechtenstein 07-12-2004 08-02-2005 (R) 08-02-2005
Lithuania 14-05-1993 20-06-1995 (R) 20-06-1995
Luxembourg 16-09-1963 02-05-1968 (R) 02-05-1968
Malta 05-06-2002 05-06-2002 (R) 05-06-2002
Moldova 02-05-1996 12-09-1997 (R) 12-09-1997
Monaco 05-10-2004 30-11-2005 (R) 30-11-2005
Montenegro 14-06-2006 (Su) 06-06-2006
Netherlands, the Kingdom of the 15-11-1963 23-06-1982 (R) 23-06-1982
North Macedonia 14-06-1996 10-04-1997 (R) 10-04-1997
Norway 16-09-1963 12-06-1964 (R) 02-05-1968
Poland 14-09-1992 10-10-1994 (R) 10-10-1994
Portugal 27-04-1978 09-11-1978 (R) 09-11-1978
Romania 04-11-1993 20-06-1994 (R) 20-06-1994
Russian Federation 28-02-1996 05-05-1998 (R) 05-05-1998
San Marino 01-03-1989 22-03-1989 (R) 22-03-1989
Serbia 03-04-2003 03-03-2004 (R) 03-03-2004
Slovakia 01-01-1993 (Su) 01-01-1993
Slovenia 14-05-1993 28-06-1994 (R) 28-06-1994
Spain 23-02-1978 16-09-2009 (R) 16-09-2009
Sweden 16-09-1963 13-06-1964 (R) 02-05-1968
Türkiye 19-10-1992
Ukraine 19-12-1996 11-09-1997 (R) 11-09-1997
United Kingdom 16-09-1963

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Austria Yes No
Azerbaijan Yes No
Cyprus Yes No
France Yes No
Ireland Yes No
Monaco Yes No
Netherlands, the Kingdom of the Yes No
Spain Yes No

Austria

18-09-1969

Protocol No. 4 is signed with the reservation that Article 3 shall not apply to the provisions of the Law of 3 April 1919, StGBl. No. 209 concerning the banishment of the House of Habsbourg-Lorraine and the confiscation of their property, as set out in the Act of 30 October 1919, StGBl. No. 501, in the Constitutional Law of 30 July 1925, BGBl. No. 292, in the Federal Constitutional Law of 26 January 1928, BGBl. No. 30, and taking account of the Federal Constitutional Law of 4 July 1963, BGBl. No. 172.

Azerbaijan

15-04-2002

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).

Cyprus

03-10-1989

The Government of the Republic of Cyprus adopts the position that, according to a proper interpretation of the provisions of Article 4 of the Protocol, they are not applicable to aliens unlawfully in the Republic of Cyprus as a result of the situation created by the continuing invasion and military occupation of part of the territory of the Republic of Cyprus by Turkey.

France

03-05-1974

The Protocol shall apply to the whole territory of the Republic, having due regard, where the overseas territories are concerned, to local requirements, as mentioned in Article 63 [Article 56 since the entry into force of the Protocol No. 11] of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Ireland

16-09-1963

The reference to extradition contained in paragraph 21 of the Report of the Committee of Experts on this Protocol and concerning paragraph 1 of Article 3 of the Protocol includes also laws providing for the execution in the territory of one Contracting party of warrants of arrest issued by the authorities of another Contracting Party.

Monaco

30-11-2005

The Principality of Monaco declares that the provisions of Article 2, paragraph 1, of Protocol No. 4 apply without prejudice to the provisions of Article 22, sub-paragraph 1, of Order No. 3153 of 19 March 1964 concerning the conditions of entry and stay of foreigners in the Principality, and of Article 12 of the Order on General Police of 6 June 1867.
Commentary
Article 22, sub-paragraph 1, of the Order No. 3153 of 19 March 1964 establishes: The State Minister can, by measure of police or by issuing an expulsion warrant, enjoin any foreigner to leave immediately the Monegasque territory or to forbid him/her to enter it.
Article 12 of the Order on General Police of 6 June 1867 establishes: Any foreigner disturbing or who may disturb, by his/her presence, public or private safety or peace, will be directed outside the Principality's territory by order of the Governor General [State Minister]. He/she will not be allowed to return without a special authorisation from the Governor General [State Minister]. In case of infringement, he/she will be sanctioned with six days to one month in prison.

Netherlands, the Kingdom of the

23-06-1982

We approve herewith, for the Kingdom in Europe and the Netherlands Antilles, the said Protocol.
Since, following ratification by the Kingdom of the Netherlands, Protocol No. 4 to the Convention on Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already specified in the Convention and the first Protocol, applies to the Netherlands and to the Netherlands Antilles, the Netherlands and the Netherlands Antilles are regarded as separate territories for the application of Articles 2 and 3 of the Protocol, in accordance with Article 5, paragraph 4. Under Article 3, no one may be expelled from or deprived of the right to enter the territory of the State of which he is a national. There is, however, only one nationality (Netherlands) for the whole of the Kingdom. Accordingly, nationality cannot be used as a criterion in making a distinction between the "citizens" of the Netherlands and those of the Netherlands Antilles, a distinction which is unavoidable since Article 3 applies separately to each of the parts of the Kingdom.
This being so, the Netherlands reserve the right to make a distinction in law, for purpose of the application of Article 3 of the Protocol, between Netherlands nationals residing in the Netherlands and Netherlands nationals residing in the Netherlands Antilles.


28-09-2010

The Kingdom of the Netherlands, consisting as per 10 October 2010 of the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, regards these parts as separate territories for the application of Articles 2 and 3 of the Protocol.

Spain

16-09-2009

If this Protocol were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.

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