Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5)

Notifications under Article 15 of the Convention in the context of the COVID-19 pandemic

Article 15 – Derogation in time of emergency

1.   In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.

2.   No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.

3.   Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

Status as of 2 January 2023 - Last update Georgia

ALBANIA

ARMENIA

ESTONIA

  • Notification - JJ9017C Tr./005-229 - 20 March 2020 - Declaration related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9052C Tr./005-252 – 18 May 2020 - Withdrawal of a derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).

GEORGIA

LATVIA

  • Notification - JJ9012C Tr./005-225 - 16 March 2020 - Declaration related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9028C Tr./005-237 - 16 April 2020 - Communication related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9046C Tr./005-248 - 15 May 2020 - Communication and Partial withdrawal of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9061C Tr./005-257 - 3 June 2020 - Partial withdrawal of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9063C Tr./005-258 - 10 June 2020 - Withdrawal of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9172C Tr./005-272 - 31 December 2020 - Declaration of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9177C Tr./005-274 - 9 February 2021 – Communication related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9210C Tr./005-276 - 6 April 2021 - Withdrawal of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9288C Tr./005-281 - 25 October 2021 - Declaration of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9291C Tr./005-283 - 18 November 2021 - Withdrawal of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).

NORTH MACEDONIA

REPUBLIC OF MOLDOVA

  • Notification - JJ9016C Tr./005-228 – 20 March 2020 - Declaration related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9053C Tr./005-253 - 20 May 2020 - Withdrawal of derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9209C Tr./005-275 – 6 April 2021 - Declaration related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9225C Tr./005-279 - 30 April 2021 – Withdrawal of a Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).

ROMANIA

SAN MARINO

SERBIA

  • Notification - JJ9025C Tr./005-234 - 7 April 2020 - Declaration related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).
  • Notification - JJ9124C Tr./005-270 - 13 October 2020 - Withdrawal of Derogation related to the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5).