CETS 046 - 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

European Treaty Series

No. 46

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 *

Strasbourg, 16.IX.1963

The governments signatory hereto, being members of the Council of Europe,

Being resolved to take steps to ensure the collective enforcement of certain rights and

freedoms other than those already included in Section 1 of the Convention for the Protection

of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950

(hereinafter referred to as the "Convention") and in Articles 1 to 3 of the First Protocol to the

Convention, signed at Paris on 20th March 1952,

Have agreed as follows:

Article 1 – Prohibition of imprisonment for debt

No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual

obligation.

Article 2 – Freedom of movement

1 Everyone lawfully within the territory of a State shall, within that territory, have the right to

liberty of movement and freedom to choose his residence.

2 Everyone shall be free to leave any country, including his own.

3 No restrictions shall be placed on the exercise of these rights other than such as are in

accordance with law and are necessary in a democratic society in the interests of national

security or public safety, for the maintenance of ordre public, for the prevention of crime, for

the protection of health or morals, or for the protection of the rights and freedoms of others.

4 The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions

imposed in accordance with law and justified by the public interest in a democratic society.

Article 3 – Prohibition of expulsion of nationals

1 No one shall be expelled, by means either of an individual or of a collective measure, from the

territory of the State of which he is a national.

2 No one shall be deprived of the right to enter the territory of the state of which he is a national.

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(*) Headings of articles added and text amended according to the provisions of Protocol No. 11 (ETS

No. 155) as from its entry into force on 1 November 1998.

ETS 46 – Human Rights (Protocol No. 4), 16. IX.1963

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Article 4 – Prohibition of collective expulsion of aliens

Collective expulsion of aliens is prohibited.

Article 5 – Territorial application

1 Any High Contracting Party may, at the time of signature or ratification of this Protocol, or at

any time thereafter, communicate to the Secretary General of the Council of Europe a

declaration stating the extent to which it undertakes that the provisions of this Protocol shall

apply to such of the territories for the international relations of which it is responsible as are

named therein.

2 Any High Contracting Party which has communicated a declaration in virtue of the preceding

paragraph may, from time to time, communicate a further declaration modifying the terms of

any former declaration or terminating the application of the provisions of this Protocol in

respect of any territory.

A declaration made in accordance with this article shall be deemed to have been made in

accordance with paragraph 1 of Article 56 of the Convention.

4 The territory of any State to which this Protocol applies by virtue of ratification or acceptance

by that State, and each territory to which this Protocol is applied by virtue of a declaration by

that State under this article, shall be treated as separate territories for the purpose of the

references in Articles 2 and 3 to the territory of a State.

Any State which has made a declaration in accordance with paragraph 1 or 2 of this Article

may at any time thereafter declare on behalf of one or more of the territories to which the

declaration relates that it accepts the competence of the Court to receive applications from

individuals, non-governmental organisations or groups of individuals as provided in Article 34

of the Convention in respect of all or any of Articles 1 to 4 of this Protocol.

Article 6 – Relationship to the Convention1

As between the High Contracting Parties the provisions of Articles 1 to 5 of this Protocol shall

be regarded as additional articles to the Convention, and all the provisions of the Convention

shall apply accordingly.

Article 7 – Signature and ratification

This Protocol shall be open for signature by the members of the Council of Europe who are

the signatories of the Convention; it shall be ratified at the same time as or after the

ratification of the Convention. It shall enter into force after the deposit of five instruments of

ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force

at the date of the deposit of its instrument of ratification.

The instruments of ratification shall be deposited with the Secretary General of the Council of

Europe, who will notify all Members of the names of those who have ratified.

In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.

Done at Strasbourg, this 16th day of September 1963, in English and in French, both texts

being equally authoritative, in a single copy which shall remain deposited in the archives of

the Council of Europe. The Secretary General shall transmit certified copies to each of the

signatory states.

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(1) Text amended according to the provisions of Protocol No. 11 (ETS No. 155).

(2) Text added according to the provisions of Protocol No. 11 (ETS No. 155).