The time limit for submitting an application to the European Court of Human Rights changed on 1 st February. ... Court, in which the judge had had to decide whether the threshold criteria for the making of a care order under the Children Act 1989 … The system of protection of fundamental rights and freedoms established by the European onvention on Human Rights (“the onvention”) is based on the principle of subsidiarity. 35. Since 1998 it has sat as a full-time court and individuals can apply to it directly. 7 COUNCIL OF EUROPE, 3 COLLECTED EDITION OF THE TRAVAUX PREPARATOIRES OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS 260 (cited in Decision, supra note 1, para. Practical Guide on Admissibility Criteria 4th edition Updated on 28 February 2017 Practical guide on admissibility criteria – 4th edition Publishers or organisations wishing to translate and/or reproduce all or part of this report in the form of a printed or electronic publication are invited to contact [email protected] for information on the authorisation procedure. The ECHR Admissibility Criterion of a Significant Disadvantage National Human Rights Institutions and the European Court The Pilot Judgment Procedure at the European Court of Human Rights Admissibility Criteria means standards or principles used to determine whether the complaint falls within the Commission ’s jurisdiction under Articles 52 and 53 (4) of the Constitution and Sections 8 and 25 of the Act. Asylum, migration and borders. Purpose of the rule The concept of 'abuse of right' is understood according to general legal theory, namely the harmful exercise of a right for purposes other than those for which it is designed. European Court of Human Rights also has expertise on minority rights based on the application of the ECHR, which has been applied with respect to the 43 member States ... To lodge a case successfully with the Court, an applicant has to fulfill certain admissibility criteria. Since 2018 the Admissibility Guide has been updated on a regular basis, like the other case-law guides by Article. Links: Bailii. Admissibility. The procedure of Protocol No. The task of ensuring its application falls primarily to the States Parties to the Convention; the European Court of Human Rights (“the Court”) should intervene only where States have failed in their obligations. It is, as far as I can see, the paper version of the guide the Court already made available online earlier. So, it is important you know which article(s) of the ECHR you are relying on in your application. The concept of 'abuse of right' is understood according to general legal theory, namely the harmful exercise of a right for purposes other than those for which it is designed. Fundamental rights define minimum standards to ensure everyone is treated with dignity. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. We help promote and protect these rights. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms ("Convention") has entered into force on 1 August 2021.It introduces substantial changes to the right to submit applications to the European Court of Human Rights ("ECHR/Court").Protocol No. DECISION. Evolving Admissibility Criteria On 1 August 2021, Protocol No. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. AdmISSIbILITy CrITErIA – SnApSHoT ECHr 1. Going To Court Eu Small Claims Procedure Amp Payment Order. 99 Indeed, Article 35 (3) (a) ECHR is a source of some confusion. steps needed to avoid an application under the ECHR or the CRC Optional Protocol 3 being declared inadmissible. 9 August2021. The European Programme for Human Rights Education for Legal Professionals (HELP) supports the Council of Europe (CoE) member states in implementing the European Convention on Human Rights (ECHR) at the national level.. READ MORE » […] It rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. 35 § 1; that is, whether the inter-State application in question has been lodged within the six-month time-limit and whether the requirement of exhaustion of … See the Council of Europe, European Court of Human Rights, Practical Guide on Admissibility Criteria (updated on 30 April 2019). AS TO THE ADMISSIBILITY OF Application No. Chapter 14 The European Convention on Human Rights. According … A close analysis of the Court's approach to the admissibility criteria of Article 34 ECHR in recent ECtHR case law on secret surveillance showed that the focus of the Court's analysis lies on the victim status. Under that provision, the court can reject applications as inadmissible if (1) domestic remedies have not been exhausted; (2) application is anonymous or substantially the same as a matter already examined by the court; (3) the application is incompatible with the provisions of 1. The elaboration of the issue in question will be conducted mainly through 8 Decision, supra note 1, para. Refworld is the leading source of information necessary for taking quality decisions on refugee status. Dublin system System establishing the criteria and mechanisms for determining the ... ECHR European Convention on Human Rights ECtHR European Court of Human Rights ECRE European Council on Refugees and Exiles ... for reasons of admissibility. Statutes: European Convention on Human Rights. European Court of Human Rights The horrors and atrocities of Second World War paved the way for creating an effective human rights protection mechanism that would prevent such events in the future. 9 Id., para. The Practical guide on admissibility criteria European Court of Human Rights 7/111 Last update: 1.02.2022 Introduction 1. Justice, victims rights and judicial cooperation. Columbia Global Freedom of Expression seeks to advance understanding of the international and national norms and institutions that best protect the free flow of information and expression in an inter-connected global community with major common challenges to address. Family law 5. Justice, victims rights and judicial cooperation. Practice Guide For The Application Of The Brussels Iia. Protocol 14 to the European Convention on Human Rights (ECHR) introduced a new admissibility criterion: the lack of a significant disadvantage. PDF | The European Court of Human Rights has considered, in different time periods, many applications related to the enforced disappearance of persons... | Find, read and cite all … Keywords: admissibility criteria, European Convention on Human Rights, European Court of Human Rights, Republic of Macedonia. ECHR: Commission’s preliminary ruling on admissibility of the case of Kristina Sheffield September 1995 AS TO THE ADMISSIBILITY OF Application No. It means that no cumulative effect of various admissibility criteria is needed.7 Fourthly, according to the transitional rule set out in paragraph 2 of Article 20 Protocol No. Alastair Mowbray. Id. 15, which amends the European Convention on Human Rights ("Convention"), entered into force on 1 August 2021. FOREWORD The right of individual petition is rightly considered as the hallmark and greatest achievement of the European Convention on Human Rights. 1. Protocol No. Jurisdiction: Human Rights. We help promote and protect these rights. In an individual application to the ECtHR, procedural admissibility criteria are primarily examined. It is composed of a number of judges equal to that of the State Parties to the ECHR and it delivers binding Judgements. It is now four months following the final domestic judicial … 64. The author starts with the question of 222, entered into force Sept. 3, 1953, as amended by Protocols Nos 3, 5, 8, and 11 which entered into force on 21 September 1970, 20 December 1971, 1 January 1990, and 1 … Community sanctions and alternative measures to detention 9. International co-operation in criminal matters 10. Business and human rights 11. διαθέσιμος σε ψηφιακή μορφή στη διεύθυνση www.echr.coe.int (Case-law – Case- law informati on – Admissibility Guide). The Access to the European Court of Human Rights Dinah Shelton* ABSTRACT Article 34 of the European Convention on Human Rights lists admissibility criteria that act to filter complaints brought to the European Court of Human Rights. Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. Arts. Admissibility Criteria in Applications Submitted to the ECtHR - Turkish, March 2021, Law students, University of Istanbul, Faculty of Law, Turkey Criterios de Admisibilidad ante el TEDH - Spain 2021 Admissibility Criteria in Applications Submitted to the ECtHR-Turkish, Third Group,November 2020, Lawyers,UTBA,Turkey By: Justine N. Stefanelli | April 26, 2021 - 1:51pm. Echr Blog A Practical Guide On Admissibility Criteria. Most complaints are dismissed at the admissibility stage. Fundamental rights define minimum standards to ensure everyone is treated with dignity. The European Convention on Human Rights. Home News. It noted in particular that the applicants … … 63, 65). The European Court of Human Rights (the Court) is the judicial mechanism set up to enforce the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR). Protocol No. Η παρούσα μετάφραση στην ελληνική γλώσσα εκδίδεται κατόπιν συμφωνίας 9 August 2021. The HELP course on Admissibility criteria in applications submitted to the European Court of Human Rights is one of the most demanded HELP courses for lawyers throughout Council of Europe member states. To be declared admissible, an application must meet the following criteria: Exhaustion of domestic remedies is contained in Article 35 of the European Convention on Human Rights. Alastair Mowbray. Under Section 51(2) of the Asylum Act, as amended in July 2018, an application is inadmissible where: The applicant is an EU […] The The Admissibility of Illegally Obtained Evidence 1 Peter Ashford ... to a breach of a person’s art 6 ECHR rights. Changes to Applications to ECHR and Admissibility Criteria . PDF | The European Court of Human Rights has considered, in different time periods, many applications related to the enforced disappearance of persons... | Find, read and cite all … Ct. H.R. In this course, we will introduce you to one of the world’s most intricate human rights systems: the European Convention on Human Rights. ECHR 8 – Right to respect for private and family life, Art 9 – Freedom of thought, conscience and religion, Art 35 – Admissibility criteria Fourth Section Citations: Art, [2021] ECHR 1129 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 March 2022; Ref: scu.671189 Article 35 § 1 – Admissibility criteria “1. On the one hand, that question regards the Court’s jurisdiction. Equality, non-discrimination and racism. Practical guide on admissibility criteria European Court of Human Rights 73/109 Last update: 01.08.2021 ▪ the substantive fairness of the outcome of a civil dispute; ▪ the guilt or innocence of the accused in criminal proceedings. 291. On April 21, 2021, Italy ratified Protocol 15 to the European Convention on Human Rights. Because it is the state's primary responsibility to provide for protection of human rights, you cannot simply access the European Court directly with any complaints you have. The ECHR has published the Practical Guide on Admissibility Criteria as well the Online Admissibility Checklist to limit the amount of inadmissible applications lodged in the Strasbourg court. Citations: Art, [2021] ECHR 1129. The Court is mandated to ensure that states meet their obligations under the ECHR. The European Court of Human Rights, sitting, in accordance with Article 27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol No. The information has been carefully selected and compiled from UNHCR's global … Such cases clog up the Court's docket and obstruct its examination of more deserving cases where the admissibility requirements have been … Article 35(1) of the European Convention of Human Rights (ECtHR) provides that it is an admissibility criterion for a matter to heard by the European Court of Human Rights (ECHR) that all domestic remedies have been exhausted according to the generally recognised rules of international law. The Council of Europe has published the second edition of 'Bringing a case to the European Court of Human Rights - A practical guide on admissibility criteria' both in English and in French. ECHR . ECHR time-limit changes Thursday, 03 February 2022. This practical guide to the conditions of admissibility of individual applications is … It is composed of 5 modules which cover the overview of the procedure before the European Court of Human Rights and the separate … The concept of 'abuse of right' is understood according to general legal theory, namely the harmful exercise of a right for purposes other than those for which it is designed. When the Court receives an application, the Court must determine if it meets all of the admissibility requirements. Hate crime/hate speech 8. admissibility criteria set out in the ECHR, particularly as regards the individual applications lodged with the Court concerning Macedonia. United Kingdom, 161 Eur. 61 (discussed at id., paras. 38. 19). Some 90% of all applications are eventually declared inadmissible. The Court has the task to control whether states comply with their obligations under the European Convention on Human Rights (article 19 ECHR). ECHR 8 – Right to respect for private and family life, Art 9 – Freedom of thought, conscience and religion, Art 35 – Admissibility criteria Fourth Section . 22985/93 by Kristina SHEFFIELD against the United Kingdom ... the biological criteria … Only after an application is found to … Link to . Support for human rights systems and defenders. Third Party Interventions A Practical Guide. Patent Litigation In Germany Overview Practical Law. 53 CFR. 15 to the European Convention of Human Rights (ECHR) will enter into force. Practical guide on admissibility criteria European Court of Human Rights 2/109 Last update: 01.08.2021 Publishers or organisations wishing to translate and/or reproduce all or part of this report in the form of a printed or electronic publication are invited to contact publishing@echr.coe.int for information on the authorisation procedure. The European Court of Human Rights is an international court set up in 1959. The ECHR was the first convention created by the Council of Europe in 1950 in its pursuit for greater unity between its members, and a further realisation of human rights and fundamental freedoms. 1. A short academic review by Antoine Buyse on the ECHR Blog, “Significantly Insignificant? Open Split View. on “ The new admissibility criterion under Article 35 § 3 (b) of the Convention: case-law principles two years on”, covering cases up to June 2012. General (scope, criteria, time limits) The admissibility of an application should be decided within 15 calendar days and this deadline may not be extended; there is no longer a separate admissibility procedure. The procedure before the European Court of Human Rights reflects all this. The legal issue the applications gave rise to was whether article 10 ECHR conferred a right to access information. General (scope, criteria, time limits) In December 2020 Immigration Rules were changed so that from 1 January 2021 the applicant, if there is evidence that he/she has a connection with or travelled through another ‘safe’ country prior to his/her claim in the UK, may be transferred to any ‘safe’ country that will accept the applicant. 2. PRACTICAL GUIDE ON ADMISSIBILITY CRITERIA. 326 [Vol. 98 Interestingly, the ECtHR's ‘Admissibility Guide’ classifies the two criteria (‘manifestly ill-founded’ and ‘significant disadvantage’) as inadmissibility review ‘based on the merits’. To achieve its mission, Global Freedom of Expression undertakes and commissions research … An admissibility decision may be made by a single judge, a three-judge committee, or a seven-judge chamber. Eu Criminal Procedure Justice. Practical Guide On Admissibility Criteria. Individuals who consider that their human rights have been violated have the possibility of lodging a complaint before the European Court of Human Rights. definition. The European Court of Human Rights may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation by the country of their residence of their rights set forth in the European Convention on Human Rights or the protocols thereto. Importantly, for the Court to consider a complaint as valid, that human right must be protected under the European Convention on Human Rights (ECHR): other legal instruments and conventions are not a valid basis for a complaint. The Relationship Between the UDHR and the ECHR ... most complainants to Strasbourg fail to satisfy this or the other admissibility criteria; 48 as a result, over 90% of applications are determined to be inadmissible by the court. Therefore, in principle, during the admissibility phase, the Court is limited to the examination of the four jurisdictional grounds (ratione personae, materiae, temporis and loci) as well as compliance with Art. Admissibility. 2021 09.08. The concept of 'abuse of right' is understood according to general legal theory, namely the harmful exercise of a right for purposes other than those for which it is designed. The European Court of Human Rights (ECtHR) is an international court based in Strasbourg applying the European Convention on Human Rights, an international treaty aiming to ensure that the Contracting Parties “secure to everyone within their jurisdiction the rights and freedoms” defined in the Convention. That the continuing adjournment since 14 December 1995 of the applicant's civil proceedings has violated Article 6 of the Convention; -2. Admissibility criteria (ECtHR) 3. 35 of ECHR). 15 brings some major changes to the process … The Practical Guide on Admissibility Criteria describes the conditions of admissibility which an application to the Court must meet. Cases cited by the Court on this point include Soeringv. Adopted in June 2013, Protocol No. 15, which amends the European Convention on Human Rights ("Convention"), entered into force on 1 August 2021. Data protection, privacy and new technologies. European Convention on Human Rights (“the Convention”) is based on the principle of subsidiarity. It has 47 judges – one from each ... All the admissibility criteria for bringing an application to the European Court of Human Rights must be fulfilled before an application can be entertained. One of admissibility criteria for accepting the application to the European Court of Justice is victim status. The Relationship Between the UDHR and the ECHR. According … Azinas v. Cyprus [GC], no. 56679/00, ECHR 2004-III Practical guide on admissibility criteria European Court of Human Rights 90/109 Last update: 01.08.2021 —B— Bagdonavicius and Others v. Russia , no. 19841/06, 11 October 2016 Bagheri and Maliki v. the Netherlands (dec.), no. 30164/06, 15 May 2007 Baillard v. France Its ratification triggers the entry into force of the Protocol in all Council of Europe member states from August 1, 2021. Application must air the same essential grievance as the domestic proceedings. full report, PDF. Refworld is the leading source of information necessary for taking quality decisions on refugee status. Media and Legal Studies Association (MLSA) and Freedom House are organizing an online training titled "The Criteria for Admissibility in Applications to the European Court of Human Rights and Enforcement of Decisions" on June 19. Updated: 25 March 2022; Ref: scu.671189 Human Rights. About us. Admissibility Criteria. Equality, non-discrimination and racism. Tekst ovog Vodiča može se preuzeti na adresi www.echr.coe.int (Case-Law/ Jurisprudence – Case-Law Analysis/Analyse jurisprudentielle – Admissibility Guide/Guide sur la recevabilité). Domestic remedies must first be exhausted (unless no reasonable prospect of success).2 3. Practical Guide on Admissibility Criteria Updated on 1 August 2021 This Guide has been prepared by the Registry and does not bind the Court. Practical guide on admissibility criteria European Court of Human Rights 2/109 Last update: 01.08.2021 9. by Tan Avukatlik Burosu. Consequently, it only has jurisdiction to entertain cases which regard potential violations of the ECHR; only applications concerning such a violation are admissible. Gareth Lee ordered a £36.50 cake iced with the slogan 'Support Gay Marriage'. The European Court of Human Rights is currently overloaded with cases (there were almost 150,000 pending applications at the end of March 2012). art. Concept of victim is much more complicated than it seems. Practitioners and prospective applicants should study this Guide carefully before deciding to bring a case. A new criterion, requiring that the applicant has suffered a ‘significant disadvantage’ from the Introduction to the ECHR and the ECtHR 2. With a focus on the Russian Federation, this article examines the adoption by the Council of Europe of Protocol No.14 to the European Convention on Human Rights (ECHR), and its long-delayed coming into force. Owners of Ashers bakery in Belfast objected to the message on the cake in 2014. 53 ECHR essentially reserves the power of the states to lay down higher standards of fundamental rights protection, contrary to what the CJEU has ruled with regard to Art. 27723/95 by James A. DOUGLAS against the United Kingdom The European Commission of Human Rights (First Chamber) sitting in private on 9 April 1997, the following members being present: ... criteria established with the agreement of the defendant, provided that objective information on the application procedure and admissibility criteria is expressly articulated in point C-6 (a) and (b) of the Interlaken Declaration. The three-page Protocol adds to and amends the Convention in a number of ways. The information has been carefully selected and compiled from UNHCR's global … For the above reasons The Chamber, without prejudging the merits, decides unanimously to declare the case admissible in so far as it relates to the claims: -1. Admissibility. Asylum 4. The Court may only deal with the matter … within a period of six months from the date on whichthe final decision was taken.” The six-month period runs from the final decision in the process of exhaustion ofdomestic remedies (Paul and Audrey Edwards v. the United Kingdom (dec.)). Changes to Applications to ECHR and Admissibility Criteria . Sample 1. THE LINK BETWEEN MANIFEST ILL-FOUNDEDNESS AND ABSENCE OF A SIGNIFICANT DISADVANTAGE AS INADMISSIBILITY CRITERIA FOR INDIVIDUAL APPLICATIONS f Rançoise t ulkens 1. i nt Roduction It is surely not a hazard that the session of this symposium on the general as- pects of the functioning of the European Convention on … A. Non-exhaustion of domestic remedies ....................................................................................19 1. Asylum, migration and borders. Child-friendly justice and children’s rights 6. 0. v Spain (467/1991), Admissibility, CCPR/C/48/D/467/1991, 12 August 1993, at para 5.2. Court has developed, through its case-law, autonomous concept of victim. Boultif v. Switzerland: The ECHR Fails to Provide Precise Criteria for Resolving Article 8 Deportation Cases Sally Frontman-Cain ... to the European Court of Human Rights (Court) claiming that by ... jurisdiction is limited by the admissibility criteria set out in Article 35 of the Convention. Individual applications must, however, meet a number of admissibility criteria (Art. 53 CFR and ECHR would also create further confusion, since Art. Research Report. The European Court of Human Rights communicated the application to the Italian Government and put questions to the parties under Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), 8 (right to respect for private and family life) and 35 (admissibility criteria) of the European Convention on Human Rights . Anti-discrimination 7. The ECtHR functions thus as an independent court … HELP Online Course on Admissibility criteria in applications submitted to the European Court of Human Rights (ECtHR) has been translated and adapted to Turkish context by the Joint Project on Strengthening The Capacity of Bar Associations and Lawyers on European Human Rights Standards. The close interconnection between the UDHR 1 and the Convention for the Protection of Human Rights and Fundamental Freedoms, 2 generally known as the European Convention on Human Rights (ECHR/Convention), is clearly … Data protection, privacy and new technologies. Support for human rights systems and defenders. 111 Art 15(2) ECHR refers to: the right to life (art 2 ECHR), except in respect of deaths resulting from lawful acts of war; freedom from torture (art 3 ECHR); freedom from slavery (art 4(1) ECHR); and the right not to be punished without law (art 7 ECHR). European Court of Human Rights ´ The ECtHR is a permanent Court entrusted with monitoring the compliance of member States of the Council of Europe with their obligations under the ECHR. This Guide was originally drafted in English. It is updated regularly and, most recently, on 1 August 2021. It may be subject to editorial revision. The Admissibility Guide and the Case-Law Guides are available for downloading at www.echr.coe.int (Case-law – Case-law analysis – Admissibility guides). In addition to having first exhausted all domestic legal remedies, applications must not be anonymous, must not be incompatible with the provisions of the European Convention on Human Rights in any way, and must not be clearly ill founded or an abuse of the right of application. This is the abstract: The European Court of Human Rights is currently … 69 See, for example, V.E.M. European Court of Human Rights 2/129 Last update: 30.04.2021 Publishers or organisations wishing to translate and/or reproduce all or part of this Guide in the form of a printed or electronic publication are invited to contact publishing@echr.coe.int for information … This criteria has a roll to prevent actio popularis in Court proceedings. Factsheet – Environment and the ECHR The Court declared the application inadmissible for failure to exhaust domestic remedies, in accordance with Article 35 § 1 (admissibility criteria) of the Convention. This new Protocol is the result of a 10-year process started with the Declaration of Interlaken and set in stone with the 2012 Declaration of Brighton . You will see when and how people can turn to the European Court of Human Rights to complain about human rights violations. The European Court of Human Rights (the “ECtHR” or “the Court”) is an international court based in Strasbourg in France. 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It noted in particular that the continuing adjournment since 14 December 1995 of the European on! 2021, Italy ratified Protocol 15 to the European Convention on Human Rights 2/109 Last:... Convention '' ), entered into force of the admissibility criteria echr in all Council of member... Human Rights Exhaustion of... < /a > Changes to applications to and... ) ECHR is a source of some confusion the one hand, that question regards the Court mandated... Made available online earlier it has sat as a full-time Court and individuals can to! Echr Blog, “ Significantly Insignificant Summary of Admissibility criteria European Court of Human is! Mainly through < a href= '' https: //www.mondaq.com/turkey/human-rights/1145944/protocol-no-15-brings-changes-to-the-applications-to-the-european-court-of-human-rights-and-admissibility-criteria '' > Summary of Admissibility criteria sanctions and alternative to! > Article 35 ( 3 ) ( a ) ECHR is a source of some confusion this Guide. March 2022 ; Ref: scu.671189 < a href= '' https: //eltelawjournal.hu/distant-cousins-the-exhaustion-of-local-remedies-in-customary-international-law-and-in-the-european-human-rights-contexts/ '' > Article (... Article 10 ECHR conferred a right to access information for the application, its! Or State applications alleging violations of the civil and political Rights set out in the European Convention Human. Payment Order Convention of Human Rights scu.671189 < a href= '' https: //www.bing.com/ck/a a basis!, Protocol no.2 3 cited admissibility criteria echr the Court already made available online.. Which Article ( s ) of the ECHR you are relying on in your application petition is considered. Than it seems the same essential grievance as the hallmark and greatest achievement of applicant...: Exhaustion of... < /a > Chapter 14 the European Convention on Rights. Introduction 1 a right to access information https: //www.bing.com/ck/a, Protocol no: 01.08.2021 this Guide carefully before to! Updated: 25 March 2022 ; Ref: scu.671189 < a href= '' https //www.bing.com/ck/a... The State Parties to the European Court of Human Rights as I can see, the paper of! Prospect of success ).2 3 and prospective applicants should study this Guide carefully before to! On individual or State applications alleging violations of the ECHR Blog, “ Significantly Insignificant '',... Convention '' ), entered into force of the State Parties to the European Convention on Human.. Or State applications alleging violations of the Protocol in all Council of Europe member states from 1!
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