Reservations and Declarations for Treaty No.009 - Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declarations in force as of today
Status as of 08/08/2020

Albania

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol no.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Period covered: 24/06/2020 -
Articles concerned : 2, 1


Andorra

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

Considering the historical reality of the principality of Andorra, of Catholic tradition, with a Coprince being a bishop since the XIIIth century, the actual legislation on education (Article 30, paragraph 3, of the Constitution of the principality of Andorra; Article 10 of the Organic Law on education and Article 19 of the Law on the prioritization of the Andorran instructive system) allows to give Catholic religion lessons in all educational centres, on an optional basis, outside the scholastic timetable. Other religions can offer their study in the educational centres, outside the scholastic timetable, with the approval of the Government and the education representatives and without implicating public expenditures.
Period covered: 06/05/2008 -
Articles concerned : 2


Austria

Reservation contained in the instrument of ratification, deposited on 3 September 1958 - Or. Germ.

... being desirous of avoiding any uncertainty concerning the application of Article 1 of the Protocol in connection with the State Treaty of 15 May 1955 for the Restoration of an Independent and Democratic Austria, (the Federal President) declares the Protocol ratified with the reservations that there shall be no interference with the provisions of Part IV "Claims arising out of the War" and Part V "Property, Rights and Interests" of the above-mentioned State Treaty.
Period covered: 03/09/1958 -
Articles concerned : 1


Azerbaijan

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it interprets the second sentence of Article 2 of the Protocol in the sense that this provision does not impose on the State any obligation to finance religious education.
Period covered: 15/04/2002 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

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).
Period covered: 15/04/2002 -
Articles concerned : -


Bulgaria

Declaration contained in the instrument of ratification, deposited on 7 September 1992 - Or. Fr.

The second provision of Article 2 of the Protocol must not be interpreted as imposing on the State additional financial commitments relating to educational establishments with a specific philosophical or religious orientation other than the commitments of the Bulgarian State provided for in the Constitution and in legislation in force in the country.
Period covered: 07/09/1992 -
Articles concerned : 2

Reservation contained in the instrument of ratification, deposited on 7 September 1992 - Or. Fr.

The terms of the second provision of Article 1 of the Protocol shall not affect the scope or content of Article 22, paragraph 1, of the Constitution of the Republic of Bulgaria, which states that : "No foreign physical person or foreign legal entity shall acquire ownership over land, except through legal inheritance. Ownership thus acquired shall be duly transferred."
Period covered: 07/09/1992 -
Articles concerned : 1


Estonia

Withdrawal of derogation contained in the Note Verbale No. 1-16/10 of the Permanent Representation of Estonia, dated 16 May 2020, registered at the Secretariat General on 16 May 2020 – Or. Engl.

The Permanent Representation of Estonia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe, and with reference to the notification of 20 March 2020 and pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms informs that the Government of Estonia has decided to end the emergency situation in Estonia as of 18 May 2020.

The emergency situation was declared by the Order No. 76 of the Government of Estonia “On the Declaration of Emergency Situation in the territory of Estonia” of 12 March 2020 and amended on 24 April 2020. The emergency situation began on 12 March 2020 and will be terminated on 17 May 2020 (close of day). The declaration of an emergency situation was required to be able to implement effective measures that were necessary considering the spread and the control of Covid-19 virus in the entire territory of Estonia.

As of 18 May 2020, the measures which were imposed by the Government of Estonia and by the Prime Minister, as the person in charge of emergency situation, for the duration of the emergency situation, will cease to operate as emergency situation measures. Therefore, Estonia will not exercise its right to derogate from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and the provisions of the Convention are again being fully executed as of 18 May 2020.

In addition to the orders transmitted to the Secretary General on 20 March 2020, the orders issued thereafter, are accessible online (in English):

https://www.riigiteataja.ee/viitedLeht.html?id=8.
Period covered: 16/05/2020 -
Articles concerned : 2, 1

Reservation contained in the instrument of ratification, deposited on 16 April 1996 - Or. Engl.

The Estonian Rigikogu made a reservation according to which after restoring her independence, Estonia started large-scale economic and social reforms, which have encompassed the restoration or compensation to previous owners or their heirs property which was nationalised or otherwise unlawfully expropriated during the period of Soviet annexation; the restructuring of collectivised agriculture and privatisation of state owned property.

In accordance with Article 64 of the Convention, the Republic of Estonia declares that the provisions of Article 1 of the First Protocol shall not apply to the laws on property reform which regulate the restoration or compensation of property nationalised, confiscated, requisitioned, collectivised or otherwise unlawfully expropriated during the period of Soviet annexation; the restructuring of collectivised agriculture and privatisation of state owned property. The reservation concerns the Principles of the Property Reform Act (published in Riigi Teataja [State Gazette] 1991, 21, 257; RT I 1994, 38, 617; 40, 653; 51, 859; 94, 1609), the Land Reform Act (RT 1991, 34, 426; RT I 1995,, 10, 113), the Agricultural Reform Act (RT 1992, 10, 143; 36, 474; RT I 1994, 52, 880), the Privatisation Act (RT I 1993, 45, 639; 1994, 50, 846; 79, 1329; 83, 1448; 1995, 22, 327; 54, 881; 57, 979), the Dwelling Rooms Privatisation Act (RT I 1993, 23, 411; 1995, 44, 671; 57, 979; 1996, 2, 28), the Act on Evaluation and Compensation of Unlawfully Expropriated Property (RT I 1993, 30, 509; 1994, 8, 106; 51, 859; 54, 905; 1995, 29, 357), the Act on Evaluation of Collectivised Property (RT I 1993, 7, 104) and their wording being in force at the moment of the Ratification Act entered into force.
Period covered: 16/04/1996 -
Articles concerned : 1

Declaration contained in a letter from the Minister of Foreign Affairs of Estonia, dated 12 April 1996, handed to the Secretary General at the time of deposit of the instrument of ratification, on 16 April 1996 - Or. Engl.

In addition to the reservation to Article 1 of the First Protocol, made in accordance with Article 64 of the Convention, the Republic of Estonia hereby gives a brief summary of the laws mentioned in the reservation.
The Principles of the Property Reform Act provides that the objective of property reform is the restructuring of property relationships to secure proprietary integrity and free enterprise, to remedy the injustices done by violations of the right to property and to provide prerequisites for a switch to a market oriented economy. In the course of property reform, property will be compensated for or returned to the former owners or their legal heirs. Herewith other people's interests which are protected by law must not be violated nor new injustices be caused to them.
In the course of property reform, property unlawfully expropriated during the period of June 16, 1940 to June 1, 1981 by means of nationalisation, collectivisation or expropriation through unlawful repression or other means violating the rights of the owner, will be returned or compensated.
In the course of property reform, the form of ownership will be changed as follows:
1. some of the state-owned property will be municipalised without charge;
2. state-owned or municipally-owned property will be privatised free of charge or for remuneration;
3. property which was transferred free of charge by the state (during the Soviet annexation) to cooperatives, state-cooperatives and communal organisations, will be returned to the Republic of Estonia.
The procedure of restoration and compensation of unlawfully expropriated property is regulated by laws and other legal acts.

The Land Reform Act establishes that land reform is a part of property reform and its objective is to restructure legal relationships based on state-owned land to relationships based on private land, proceeding from the continuity of the rights of the former owners and the interests of the present land-users as protected by law.
In the course of the land reform, land:
1. unlawfully expropriated will be compensated, substituted by or returned to the former owners or their legal heirs;
2. will be given with or without charge into the possession of private-law persons, public-law persons or municipal entities;
3. that is to remain in the state possession will be decided upon;
4. will be transferred for use by private or legal persons by contract or along with the building title.
Land that is not returned, nor substituted, nor left in state possession, nor given to municipal possession under the present law, will be privatised.

The Agricultural Reform Act provides that agricultural reform proceeds from the Principles of the Property Reform Act. In the course of agricultural reform, collectivised property will be returned or compensated for and the collective unit will be reorganised or liquidated. Evaluation of the collectivised property is carried out in accordance with the Act on Evaluation of Collectivised Property. In the course of agricultural reform the transformation of the agricultural sector is principally aimed towards farming and enterprise based on private ownership.

The Privatisation Act provides that the property of state-owned or municipally-owned enterprises, institutions and organisations may be privatised under the conditions and rules set out by law. The Privatisation Agency regulates privatisation of state property and fulfilment of other tasks deriving from the property reform.

The Privatisation Act is not applied to the privatisation of dwelling rooms in the possession of the state or municipalities, nor to non-dwelling rooms located in dwelling houses, nor to the property of cooperatives referred to in the Agricultural Reform Act.

The Dwelling Rooms Privatisation Act provides that natural persons and legal persons will be given the opportunity to acquire the dwelling rooms they are renting, uninhabited dwelling rooms, thus providing for better care and preservation of the dwelling houses.

The Act on Evaluation and Compensation of Unlawfully Expropriated Property defines the foundations and rules, as well as the means and scope of compensation, for determining the price of unlawfully expropriated property dealt with under the property reform.

The Act on Evaluation of Collectivised Property provides the procedure and grounds for determining the price of property as required for the compensation of collectivised property in accordance with Article 14 of the Principles of Property Reform Act which deals with the return and compensation of collectivised property, and Article 9 of the Agricultural Reform Act that deals with loans and other material obligations of the collective economic unit.
Period covered: 16/04/1996 -
Articles concerned : 1


France

Declaration contained in the instrument of ratification, deposited on 3 May 1974 - Or. Fr.

In depositing this instrument of ratification, the Government of the Republic declares that 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 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Period covered: 03/05/1974 -
Articles concerned : 4


Georgia

Communication contained in the Note Verbale No. 24/18596 from the Permanent Representation of Georgia, dated 15 July 2020, registered by the Secretariat General on 15 July 2020 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the European Convention on Human Rights has the honor to inform on the developments with respect to the measures already notified by Notes N24/9861, dated 21 March 2020, N24/11396, dated 22 April 2020 and N24/13560 dated 25 May 2020.

As your Excellency has been already informed, upon expiry of the Presidential Decrees enabling the Government to impose certain restrictions regarding COVID-19, on 22 May 2020 the Parliament of Georgia adopted and the President promulgated special emergency legislation: 1) amendments to the “Law on Public Health” and 2) amendments to Criminal Procedure Code of Georgia which established the remote court hearings and allowed the Government to introduce special rules of isolation and quarantine until 15 July 2020.

Despite the fact that the overall pandemic situation in Georgia remains stable and the Government is gradually lifting the restrictions, in order to maintain the successful results achieved and to effectively combat the coronavirus which still exists in the region and elsewhere, representing a common threat for the whole world, on 14 July 2020 the Parliament of Georgia extended the application of the emergency legislation until 1 January 2021.

For these reasons, it is submitted hereby that Georgia retains the already notified derogations from certain obligations under Articles 5, 6, 8, 11 of the Convention, Articles 1 and 2 of Protocol 1 to the Convention, Article 2 of Protocol 4 to the Convention until 1 January 2021. As underscored in our previous communications, these derogations apply to the obligations only to the extent strictly required by the exigencies of the persisting situation with the coronavirus. As noted above, the Government of Georgia has already started gradual lifting of certain restrictions since 27 April 2020.

The Permanent Representation of Georgia to the Council of Europe attaches to this note the unofficial translations of the amendments to Law of Georgia on “Public Health” and Criminal Procedure Code of Georgia dated 14 July 2020.

The Permanent Representation of Georgia to the Council of Europe shall inform the Secretary General of the Council of Europe when these measures cease to operate.

Link to the annexes (English only):
. Law of Georgia – Amendments to the “Law on Public Health”.
. Law of Georgia – Amendments to the Criminal Procedure Code of Georgia.
Period covered: 15/07/2020 -
Articles concerned : 2, 1

Communication contained in the Note Verbale No. 24/13560 from the Permanent Representation of Georgia, dated 25 May 2020, registered by the Secretariat General on 25 May 2020 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the European Convention on Human Rights has the honor to inform on the developments with respect to the measures already notified by Notes N24/9861, dated 21 March 2020 and N24/11396, dated 22 April 2020.

As follows, the special regulations imposed by the Government on the basis of the Presidential Decrees N1 and N2 of 21 March and 21 April 2020, enabled the authorities to successfully control the epidemic situation with the coronavirus in Georgia. On 22 May 2020 the Presidential Decrees enabling the Government to impose certain restrictions expired and in order to ensure further containment of the spread of the virus the same day the Parliament of Georgia adopted and the President promulgated special emergency legislation: 1) amendments to the “Law on Public Health’' and 2) amendments to Criminal Procedure Code of Georgia which established the remote court hearings and enabled the Government to introduce special rules of isolation and quarantine until 15 July 2020. The Permanent Representation of Georgia to the Council of Europe attaches to this note the unofficial translations of the amendments to Law of Georgia on “Public Health” and Criminal Procedure Code of Georgia.

For these reasons, it is submitted hereby that Georgia extends the derogations from certain obligations under Articles 5, 6, 8, 11 of the Convention, Articles 1 and 2 of Protocol 1 to the Convention, Article 2 of Protocol 4 to the Convention until 15 July 2020. As underscored in our previous communications, these derogations apply to the obligations only to the extent strictly required by the exigencies of the persisting situation with the coronavirus limited to the scope of the amended “Law on Public Health” and Criminal Procedure Code of 22 May 2020. Notably, the Government of Georgia has already started gradual lifting of certain restrictions since 27 April 2020.

The Permanent Representation of Georgia to the Council of Europe shall inform the Secretary General of the Council of Europe when these measures cease to operate.

Link to the annexes (English only)

. Law of Georgia – Amendments to the “Law on Public Health”.
. Law of Georgia – Amendments to the Criminal Procedure Code of Georgia.
Period covered: 25/05/2020 -
Articles concerned : 2, 1

Communication contained in the Note Verbale No. 24/11396 from the Permanent Representation of Georgia, dated 22 April 2020, registered by the Secretariat General on 23 April 2020 - Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and in addition to its Note No. 24/9861, dated 21 March 2020 and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honour to inform the Secretary General of the Council of Europe on the development with regard to the State of Emergency declared on 21 March 2020 by the Presidential Order N1 in the entire territory of Georgia due to the spread of COV1D-19.

Following the growing dynamics of the spread of COVID-19 in Georgia, the country has entered the level of massive internal transmission. Taking into account the significant danger posed to public health, by the Order N2 of President of Georgia of 21 April 2020, the State of Emergency has been extended to 22 May 2020 (included). This Order of the President of Georgia has been approved by the Resolution N5866 of the Parliament of Georgia of 22 April 2020. Pursuant to the Decree N1 of the President of Georgia of 21 March 2020 on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia, the restrictions imposed by it shall remain in force for the whole period of the State of Emergency.

The Permanent Representation of Georgia to the Council of Europe shall inform the Secretary General of the Council of Europe on the future developments with regard to the State of Emergency and shall notify the Secretary-General when these measures have ceased to operate.

The Permanent Representation of Georgia to the Council of Europe attaches to this Note the unofficial translations of the Order N2 of the President of Georgia of 21 April 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia and the Resolution N5866 of the Parliament of Georgia of 22 April 2020 on the approval of the Order N2 of the President of Georgia of 21 April 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia.

Link to the annexes

. Order of President of Georgia N2 of 21 April 2020 on the Declaration of State of Emergency in the Entire Territory of Georgia.
. Resolution of the Parliament of Georgia of 22 April 2020 on the Approval of the Order N2 of the President of Georgia of 21 April 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia.
Period covered: 23/04/2020 -
Articles concerned : 2, 1

Derogation contained in a Note verbale from the Permanent Representation of Georgia, dated 21 March 2020, registered at the Secretariat General on 23 March 2020 – Or. Engl.

The Permanent Representation of Georgia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms informs that Georgia exercises right of derogation from its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms in the entire territory of Georgia.

Following the announcement of World Health Organization of 11 March 2020 characterizing COVID-19 as pandemic, taking into account the danger the spread of COVID-19 has posed to public health and in order to restraint the spread of the virus, on 21 March 2020, the President of Georgia declared the State of Emergency in the entire territory of Georgia, which was approved by the Resolution N5864 of the Parliament of Georgia on the same day.

Since the first case of COVID-19 was detected on the territory of Georgia on 26 February 2020, the Government has been taking concrete measures to protect public health, including suspension of education process, shifting of public servants to remote work and issuing same recommendations to public sector, gradual restriction of air as well as land traffic, establishment of quarantine procedures and self-isolation, closure of ski-resorts, cancellation of various large-scale cultural and sporting events, closure of all retail facilities apart from those designated within the framework of strategic infrastructure, as well as grocery shops. However, the increase in number of infected persons necessitated adoption of additional measures. The current epidemic situation in the State, has reached the point of public emergency threatening the life of the nation under Article 15(1) of the Convention necessitating further and now exceptional measures to ensure safety and protection of public health.

The Decree N1 of 21 March 2020 of the President of Georgia on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia adopted in accordance with the Georgian Constitution and the Law of Georgia on the State of Emergency, includes the emergency measures considered necessary in order to limit the spread of the virus and ensure public health. The Presidential Decree restricted certain fundamental human rights and freedoms enshrined in Articles 13, 14, 15, 18, 19, 21 and 26 of the Constitution of Georgia. In particular, the measures adopted by the Decree, among others, include establishing special rules of isolation and quarantine; suspension of international passenger air, land and sea traffic; special regulations on passenger transportation inside Georgia; suspension of visiting of penitentiary institutions; special regulations on public service delivery and administrative proceedings; restriction of assembly, manifestation and gathering; establishment rules and conditions of education other than those established by the relevant laws of Georgia, restrictions on the right to property. Application of these measures give reasons for the necessity to derogate from certain obligations of Georgia under Articles 5, 8 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of Protocol No.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, these derogations apply to the obligations only to the extent strictly required by the exigencies of the situation as underscored in the Presidential Decree. The Permanent Representation of Georgia to the Council of Europe attaches to this Note the unofficial translations of the Order N1 of the President of Georgia on the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020, the Decree N1 on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020, the Resolution N5864 of the Parliament of Georgia on the Approval of the Order N1 of the President of Georgia of 21 March 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia and the Resolution N5865 of the Parliament of Georgia on the Approval of the Decree N1 of the President of Georgia on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020.

We also clarify that the derogations are consistent with the State’s other obligations under international law as Georgia makes the same derogation from the relevant UN treaty.

The Permanent Representation of Georgia to the Council of Europe kindly asks that this Note to be considered as notification for the purposes of Article 15 paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The State of Emergency has been instituted for the period of 30 days, the emergency situation commenced on 21 March 2020 and shall remain into force until 21 April 2020. Pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation of Georgia to the Council of Europe will subsequently inform of any changes that might occur in relation to the situation.

Unofficial translation
The Order of the President of Georgia N1 of 21 March 2020
On the Declaration of State of Emergency in the Entire Territory of Georgia
Considering the announcement of the new Coronavirus (COVID-19) pandemic by the World Health Organization on March 11, 2020, in light of the Coronavirus (COVID-19) mass spread and pandemic readiness announced by the World Health Organization and the growing challenge our country is facing, to normalize the situation so that the State fulfils its constitutional obligation - the necessary public safety in a democratic society to be ensured and the potential threat to the life and health of the country's population to be reduced, according to Paragraph 2 of Article 71 of the Constitution of Georgia and Paragraph 1 of Article 2 of the Law of Georgia on State of Emergency:

1. The State of Emergency to be declared in the entire territory of Georgia.
2. The State of Emergency shall remain into force until 21 April 2020.
3. The Order to be immediately passed to the Prime-Minister for co-signature.
4. The Order co-signed by the Prime-Minister of Georgia shall be immediately made public through all available media and its content shall be transmitted throughout the day.
5. The Order co-signed by the Prime-Minister of Georgia shall be immediately presented to the Parliament of Georgia for approval.
6. The Ministry of Foreign Affairs of Georgia should immediately notify the Secretary-General of the United Nations on the declaration of the State of Emergency in Georgia.
7. The Order is in force from the moment of its declaration.

The President of Georgia (signed and sealed) Salome Zourabichvili
The Prime-Minister of Georgia (signed) Giorgi Gakharia

Unofficial translation
Decree of the President of Georgia N1 of 21 March 2020
On the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia


Article 1. In connection with declaration of the State of Emergency in the entire territory of Georgia, in view of the massive spread of the new coronavirus (COVID-19), of the readiness to battle the pandemic declared by the World Health Organization and of the growing challenge the country is facing, in order for the State to fulfil its constitutional obligation, to ensure the necessity of public safety in a democratic society, reduce the threat to the life and health of the country's population and to manage the situation, in accordance with Paragraphs 3 and 4 of Article 71 of the Constitution of Georgia and Paragraphs 3 and 4 of Article 2 of the Law of Georgia on Emergency, the rights envisaged in Articles 13, 14, 15, 18, 19, 21 and 26 of the Constitution of Georgia shall be to restricted and limited for the whole period of the State of Emergency in the entire territory of Georgia:

1. Article 13 of the Constitution of Georgia:
Relevant agencies authorized by the legislation of Georgia shall be entitled to transfer any person for breach of the rules of isolation or quarantine established by the Government of Georgia to a special place designated by the Government of Georgia.
2. Article 14 of the Constitution of Georgia:
     a) The Government of Georgia shall be authorized to lay down rules on isolation and quarantine.
     b) All international passenger air, land and sea traffic shall be stopped, except as otherwise provided by the Decree of the Government of Georgia.
     c) The Government of Georgia shall be authorized to regulate passengers and freight transportation on the territory of Georgia in a manner different from the legislation of Georgia.
3. Article 15 of the Constitution of Georgia:
All the rights related to visiting the penitentiary institutions under the Code of Imprisonment shall be suspended.
4. Article 18 of the Constitution of Georgia:
The Government of Georgia should be authorized to establish by the Resolution the different rules from the current legislation of Georgia for the performance of public services and administrative proceedings.
5. Article 19 of the Constitution of Georgia:
The Government of Georgia shall be authorized, in case of necessity, to restrict property rights and to use the property of natural persons and legal entities for quarantine, insulation and medical purposes in accordance with the rules established by it.
6. Article 21 of the Constitution of Georgia:
Any kind of assembly, manifestation and gathering of people shall be restricted, except as otherwise provided by the Decree of the Government of Georgia.
7. Article 26 of the Constitution of Georgia:
     a) Private law entities shall be prohibited, restricted, or tasked to perform certain activities by the Decree of the Government of Georgia in accordance with the procedures provided in the same regulation.
     b) Special regulations for protection of sanitary and hygienic rules by natural persons, legal entities and public institutions, shall be specified by the Decree of the Government of Georgia.
     c) The Government of Georgia in case of necessity shall ensure regulation of prices for medicines, services and primary/essential products of importance to human life and health.
     d) The Government of Georgia should be authorized to establish different rules and terms from the current laws of Georgia on "Early and Preschool Education", “General Education”, “Professional Education”, Special Professional Education”, “Higher Education”.
     e) The Government of Georgia shall be authorized to mobilize persons with appropriate medical education and qualifications in accordance with the procedure established by the Resolution of the Government of Georgia.
Article 2. The percentage limitations envisaged by Paragraphs 3 and 4 of Article 31 of the Budget Code of Georgia should be suspended for the whole duration of the State of Emergency.
Article 3. The Government of Georgia shall be entitled to increase the maximum amount of the Reserve Fund up to 5% of the total allocations of the 2020 State Budget.
Article 4. The Government of Georgia shall be entitled to use the exceptional rights envisaged by Paragraph 7 of Article 2 of the Organic Law of Georgia on the Economic Freedom, also, if necessary to submit to the Parliament of Georgia the Emergency Budget in accordance with Article 32 of the Budget Code of Georgia.
Article 5. Georgian Government shall be authorized to suspend the power to spend appropriations of the State budget, republic budgets of the autonomous republics and budget of municipalities, in accordance with the budget classification codes and provisions, as well as to suspend or limit state procurements in accordance with the unified procurement codes (CPV).
Article 6. The Minister of Justice of Georgia is hereby authorized to regulate the regime defined by the law to be observed by conditionally sentenced person and person released on parole. The Minister is also authorized to regulate the schedule of those persons established by the probationary officer in a different manner than it is defined by legislation of Georgia.
Article 7. Court sessions under the Criminal Procedural legislation of Georgia may be held remotely using the electronic means. In such cases, party to the case has no right to deny conduct of remote session while requesting direct participation in it.
Article 8. Every individual and legal entity is obliged to observe the State of Emergency regime. Any breach of the State of Emergency regime defined by this Decree and the Decision of the Government of Georgia shall result in:
     1. Administrative responsibility – fine for individuals amounting to 3000 GEL, fine for legal entities amounting to 15000 GEL.
     2. Recurrence of the same activity by the person already held responsible according to administrative regulations shall result in criminal responsibility, in particular, with imprisonment for a term of 3 years. Same action committed by the legal entity shall be punishable by the deprivation of the right to or carry out activities or by liquidation and fine.
Article 9. Responsibility prescribed in Article 8 shall be imposed by persons designated in the decision of the Government of Georgia in compliance with the rules envisaged in the legislation of Georgia.
Article 10. The law enforcement agencies shall apply coercive measures stipulated by the legislation of Georgia in order to protect the regime established during the State of Emergency.
Article 11. The Decree shall be submitted to the Parliament of Georgia for approval immediately after the Prime Minister's signature.
Article 12. The Decree is effective from the moment of its publication and is effective until the State of Emergency is lifted.

The President of Georgia (signed and sealed) Salome Zourabichvili
The Prime-Minister of Georgia (signed) Giorgi Gakharia

Unofficial translation
[Seal of the Parliament of Georgia]
Resolution of the Parliament of Georgia
On the Approval of the Order N1 of the President of Georgia of 21 March 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia


The Parliament of Georgia,
Pursuant to Article 71, paragraphs 2 and 7 of the Constitution of Georgia, Article 2, paragraph 1 of the Law of Georgia on the State of Emergency and Article 83, paragraphs 2 and 4 of the Rules of Procedure of the Parliament of Georgia,
Declares:

1. The Order N1 of the President of Georgia of 21 March 2020 on the Declaration of the State of Emergency in the Entire Territory of Georgia is hereby approved.
2. This resolution is effective upon its adoption.

Signed by the Chairperson of the Parliament of Georgia
Mr. Archil Talakvadze
Tbilisi
21 March 2020
N5864-ss.

Unofficial translation
[Seal of the Parliament of Georgia]
Resolution of the Parliament of Georgia
On the Approval of the Decree N1 of the President of Georgia on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020


The Parliament of Georgia,
Pursuant to Article 71, paragraphs 3, 4 and 7 of the Constitution of Georgia, Article 2, paragraphs 3 of the Law of Georgia on the State of Emergency and Article 83, paragraph 2 of the Rules of Procedure of the Parliament of Georgia,
Declares:

1. The Decree N1 of the President of Georgia on the Measures to be Taken in Relation to the Declaration of the State of Emergency in the Entire Territory of Georgia of 21 March 2020 is hereby approved.
2. This resolution is effective upon its adoption.

Signed by the Chairperson of the Parliament of Georgia
Mr. Archil Talakvadze
Tbilisi
21 March 2020
N5865-ss.
Period covered: 23/03/2020 -
Articles concerned : 2, 1

Reservation contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

Georgia declares that it interprets Article 2 of the Protocol as not imposing on the State additional financial commitments relating to special educational establishments (with a specific philosophical or religious orientation) other than those provided by the legislation of Georgia.
Period covered: 07/06/2002 -
Articles concerned : 2

Reservation contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

The Parliament of Georgia declares that:

1. Article 1 of the Protocol shall not apply to persons who have or will obtain status of “internally displaced persons” in accordance with “the Law of Georgia on Internally Displaced Persons” until the elimination of circumstances motivating the granting of this status (until the restoration of the territorial integrity of Georgia). In accordance with the aforementioned law, Georgia assumes responsibility to ensure the exercise of rights over property that exist on the place of permanent residence of internally displaced persons after the reasons mentioned in Article 1, paragraph 1, of this law have been eliminated.

2. Article 1 of the Protocol shall be applied to the operational sphere of “the Law of Georgia on the Ownership of Agricultural Land” in accordance with the requirements of Articles 4, 8, 15 and 19 of this Law.

3. Article 1 of the Protocol shall be applied within the limits of Articles 2 and 3 of the Law of Georgia on Transference into Private Property of the Non-Agricultural Lands Being in Possession of Natural Persons and Legal Persons of Private Law”.

4. Article 1 of the Protocol shall be applied within the limits of the “Law of Georgia on Privatisation of the State Property”.

5. With regard to the compensation of pecuniary assets placed on accounts of the former Georgian public-commercial banks, Article 1 of the Protocol shall be applied within the limits of the normative act adopted in pursuance of the Decree No. 258 of the President of Georgia of 2 July 2001.
Period covered: 07/06/2002 -
Articles concerned : 1

Declaration contained in the instrument of ratification deposited on 7 June 2002 - Or. Engl./Geo.

Georgia declares, that due to the existing situation in Abkhazia and Tskhinvali region, Georgian authorities are unable to undertake commitments concerning the respect and protection of the provisions of the Convention and its Additional Protocols on these territories. Georgia therefore declines its responsibility for violations of the provisions of the Protocol by the organs of self-proclaimed illegal forces on the territories of Abkhazia and Tskhinvali region until the possibility of realization of the full jurisdiction of Georgia is restored over these territories.
Period covered: 07/06/2002 -
Articles concerned : -


Germany

Declaration made at the time of ratification, on 13 February 1957 - Or. Germ.

The Federal Republic of Germany adopts the opinion according to which the second sentence of Article 2 of the (First) Protocol entails no obligation on the part of the State to finance schools of a religious or philosophical nature, or to assist in financing such schools, since this question, as confirmed by the concurring declaration of the Legal Committee of the Consultative Assembly and the Secretary General of the Council of Europe, lies outside the scope of the Convention for the Protection of Human Rights and Fundamental Freedoms and of its Protocol.
Period covered: 13/02/1957 -
Articles concerned : 2


Ireland

Declaration contained in the instrument of ratification, deposited on 25 February 1953 - Or. Engl.

At the time of signing the (First) Protocol the Irish Delegate puts on record that, in the view of the Irish Government, Article 2 of the Protocol is not sufficiently explicit in ensuring to parents the right to provide education for their children in their homes or in schools of the parents' own choice, whether or not such schools are private schools or are schools recognised or established by the State.
Period covered: 25/02/1953 -
Articles concerned : 2


Latvia

Partial withdrawal of derogation contained in the Note Verbale No. EP-10058 from the Permanent Representation of Latvia, dated 2 June 2020, received and registered by the Secretariat General on 2 June 2020 - Or. Engl.

The Permanent Representation of Latvia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that, following a thorough evaluation of the necessary restrictions with respect to right to education, especially regarding the necessity to continue the remote education process, the Government of the Republic of Latvia has decided to ease them. Consequently, the Government withdraws its derogation from Article 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Latvia to the Council of Europe recalls that on 15 March, 2020 it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 12 March 2020 the Government of the Republic of Latvia declared an emergency situation in the entire territory of the Republic of Latvia until 14 April 2020, which necessitated a derogation from certain obligations under Articles 8 and 11 of the Convention, as well as Article 2 of Protocol and Article 2 of Protocol no.4 to the Convention. In light of the decision of the Government to ease the imposed restrictions with respect to freedom of assembly, on 14 May 2020, the Permanent Representation of Latvia to the Council of Europe informed the Secretary General of the withdrawal of its derogation from Article 11 of the Convention while maintaining the rest of the restrictions in place until 9 June 2020. In the meantime, the Government has taken further steps and declared that as from 1 June education process is no longer conducted remotely and that students are allowed to take in-class exams in order to complete their studies or apply for other further education. The Government has thereby eased the restrictions imposed by the order No. 103 of the Cabinet of Ministers of 12 March 2020 “On the Declaration of Emergency Situation” with respect to right to education and therefore informs the Secretary General of the Council of Europe that it withdraws its derogation from Article 2 of Protocol to the Convention. The rest of the measures, as transmitted to the Secretary General on 15 March 2020, continue to apply to the same extent.

  Pursuant to Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation of Latvia to the Council of Europe will inform the Secretary General of the Council of Europe about future developments with regard to the emergency situation and notify her when these emergency measures have ceased to operate and the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are fully implemented again.
Period covered: 02/06/2020 -
Articles concerned : 2

Reservation contained in a Note Verbale from the Minister of Foreign Affairs of Latvia, dated 25 June 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 27 June 1997 - Or. Engl.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Republic of Latvia declares that the provisions of Article 1 of the First Protocol shall not apply to the laws on property reform which regulate the restoration or compensation to the former owners or their legal heirs of property nationalised, confiscated, collectivised or otherwise unlawfully expropriated during the period of Soviet annexation; and privatisation of collectivised agricultural enterprises, collective fisheries and of State and local self-government owned property.

The reservation concerns the Law On Land Reform in the Republic of Latvia Rural Regions (published in Zinotajs [The Bulletin] 1990, No. 49; 1991, No. 41; 1992, No. 6/7; 1992, No. 11/12; 1993, No. 18/19; Latvijas Vestnesis [The Latvian Herald] 1994, No. 137), Law On Privatisation of Agricultural Enterprises and Collective Fisheries (Zinotajs 1991, No. 31; 1992, No. 40/41; 1993, No. 5/6; Latvijas Vestnesis 1995, No. 90; 1996, No. 177), Law On Land Reform in the Republic of Latvia Cities (Zinotajs 1991, No. 49/50; Latvijas Vestnesis 1994, No. 47; 1994, No. 145; 1995, No. 169; 1997, No. 126/127), Law On Land Privatisation in Rural Regions (Zinotajs 1992, No. 32; 1993, No. 18/19; Latvijas Vestnesis 1993, No. 130; 1994, No. 148; 1995, No. 162; 1996, No. 111; 1996, No. 225), Law On Privatisation of Property in Agroservice Enterprises (Zinotajs 1993, No. 14), Law On Privatisation Certificates (Latvijas Vestnesis 1995, No. 52), Law On the Privatisation of Objects of State and Municipal Property (Latvijas Vestnesis 1994, No. 27; 1994, No. 77; 1996, No. 192; 1997, No. 16/17/18/19/20/21), Law On Privatisation of Co-operative Apartments (Zinotajs 1991, No. 51; Latvijas Vestnesis 1995, No. 135), Law On the Privatisation of State and Local Self-Government Apartment Houses (Latvijas Vestnesis 1995, No. 103; 1996, No. 149; 1996, No. 223), Law On Denationalisation of Real Estate in the Republic of Latvia (1991, No. 46; Latvijas Vestnesis 1994, No. 42; 1994, No. 90; 1995, No. 137; 1996, No. 219/220), Law On the Return of Real Estate to the Legitimate Owners (Zinotajs 1991, No. 46; Latvijas Vestnesis 1994, No. 42; 1996, No. 97) and their wording being in force at the moment the Law On Ratification entered into force.

Annex to the reservation contained in a Note Verbale from the Minister of Foreign Affairs of Latvia, dated 25 June 1997, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 27 June 1997 - Or. Engl.

In addition to the reservation to Article 1 of the First Protocol, made in accordance with Article 64 of the Convention, the Republic of Latvia hereby gives a brief summary of the laws concerned.

The goal of the Law On Land Reform in the Republic of Latvia Rural Regions is to allocate the land for paying use to natural persons and legal persons and to renew to the Republic of Latvia citizens, who desire so, the land ownership rights in the procedure stipulated by law or to deliver the land into ownership without compensation or for pay.

The Law On Privatisation of Agricultural Enterprises and Collective Fisheries regulates privatisation of agricultural enterprises and collective fisheries. The objective of the Law is to decrease sequels of unlawful methods of collectivisation changing the forms of property in agricultural enterprises and collective fisheries as well as to promote the process of privatisation in agriculture and development of private entrepreneurial activity.

The aim of the Law On Land Reform in the Republic of Latvia Cities, during the gradual process of State property denationalisation, conversion, privatisation and the return of unlawfully expropriated land, is to restructure the legal, social and economic relations between city land owners and users in order to promote the respective city's construction, land protection and its rational utilisation in accordance with the interests of society.

The main objectives of the Law On Land Privatisation in Rural Regions are:
1. to create a basis and guarantees for agricultural development;
2. to renew land ownership rights to the former landowners who owned the land on July 21, 1940 or their heirs; and
3. to give the land into ownership of the Republic of Latvia citizens for compensation.

The Law On Privatisation of Property in Agroservice Enterprises regulates the change of ownership rights on property under the use and disposal of agroservice enterprises. The main objective of the Law is to promote the development of entrepreneurial activity in this branch by property privatisation, and to create conditions for organisation of the system for protection of the interests of agricultural producers on the basis of co-operation and competition.

The Law establishes the rights of the State and local self-governments, agricultural producers and employees of an enterprise, as well as of other natural persons and legal persons, and the procedure by which the ownership rights on the property under use and disposal of agroservice enterprise shall be obtained or specified.

The goal of the Law On Privatisation Certificates is to establish a legal basis for most of Latvia's residents to participate in the process of privatisation of State and local self-government owned property, using privatisation certificates as form of payment.

Certificates are issued to Latvia's residents according to the years of residence in Latvia. Additional certificates can be issued to former owners or their heirs, as compensation for illegally nationalised real estate which cannot be returned; politically repressed persons who are recognised as such, according to the Republic of Latvia Law of May 13, 1992 "On the Determination of the Status of a Politically Repressed Person", corresponding to time of imprisonment, deportation or time of settling.

The Law On the Privatisation of Objects of State and Municipal Property determines the procedure for privatisation of objects of State and local self-government property, as far as it is not regulated by other laws, as well as the establishment and operational principles of the Latvian Privatisation Agency.

The Law On Privatisation of Co-operative Apartments establishes the legal basis for the privatisation of the co-operative dwelling fund of house-building co-operatives in the territory of the Republic of Latvia. Apartments in large dwelling houses owned by house-building co-operatives shall be considered as the object of privatisation.

The Law On the Privatisation of State and Local Self-Governments Apartment Houses establishes the procedure for privatising State and local self-government apartment houses, and the goal is to develop the real estate market and stimulate the upkeep of apartment houses, while protecting the interests of residents.

The Law On Denationalisation of Real Estate defines the real estate which can be denationalised, fixes the terms and procedure of denationalisation, the form of compensation and social guarantees of present tenants.

The Law On the Return of Real Estate to the Legitimate Owners guarantees that the real estate which has been expropriated by the State in the 1940s-1980s without compensation will be returned to the former owners or their legal heirs.
Period covered: 27/06/1997 -
Articles concerned : 1


Luxembourg

Reservation made at the time of deposit of the instrument of ratification, on 3 September 1953 - Or. Fr.

The Government of the Grand Duchy of Luxembourg, having regard to Article 64 of the Convention and desiring to avoid any uncertainty as regards the application of Article 1 of the Protocol in relation to the Luxembourg Law of 26 April 1951 concerning the liquidation of certain ex-enemy property, rights and interests subject to measures of sequestration, makes a reservation relating to the provisions of the above-mentioned Law of 26 April 1951.
Period covered: 18/05/1954 -
Articles concerned : 1


Malta

Declaration made at the time of signature, on 12 December 1966, and contained in the instrument of ratification deposited on 23 January 1967 - Or. Engl.

The Government of Malta, having regard to Article 64 of the Convention, declares that the principle affirmed in the second sentence of Article 2 of the Protocol is accepted by Malta only in so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic.
Period covered: 23/01/1967 -
Articles concerned : 2


Netherlands

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration
......
9 Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (1952).
......
Period covered: 01/01/1986 -
Articles concerned : 4

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 29 November 1953, handed to the Secretary General at the time of deposit of the instrument of ratification, on 31 August 1954 - Or. Fr.

The Protocol shall apply to Surinam and the Netherlands Antilles.

Notes by the Secretariat:
The Protocol no longer applies to Surinam since this territory became independent on 25 November 1975.
As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Period covered: 31/08/1954 -
Articles concerned : 4

Declaration contained in the instrument of approval deposited on 31 august 1954 – Or. Fr.

The Kingdom of the Netherlands approves the Protocol for the Kingdom in Europe.
Period covered: 31/08/1954 -
Articles concerned : 4

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 29 November 1953, handed to the Secretary General at the time of deposit of the instrument of ratification, on 31 August 1954 - Or. Fr.

In the opinion of the Netherlands Government, the State should not only respect the rights of parents in the matter of education but, if need be, ensure the possibility of exercising those rights by appropriate financial measures.
Period covered: 31/08/1954 -
Articles concerned : 2


North Macedonia

Withdrawal of Derogation contained in the Note verbale No. 35-01-296/2 of the Permanent Representation of North Macedonia, dated 29 June 2020, registered at the Secretariat General on 29 June 2020 - Or. Engl.

The Permanent Representation of the Republic of North Macedonia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and, with reference to its Note Verbale 35-01-155/2 dated 1 April 2020 related to the exercise of the right of derogation from obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms and further to the Notes Verbales 35-01-200/1 dated 29 April 2020, 35-01-226/2 dated 22 Маy 2020, 35-01-241/2 dated 2 June 2020 and 35-01-272/2 dated 17 June 2020 has the honour to inform that the State of emergency in the entire territory of the Republic of North Macedonia, established by the President of the Republic of North Macedonia by Decision No.08-777/3 of 15 June 2020, published in the Official Gazette of the Republic of North Macedonia No.159 of 15 June 2020, has ceased to exist as of 24 June 2020.

Pursuant to Article 15 of the Convention on the Protection of Human Rights and Fundamental Freedoms, the Government of the Republic of North Macedonia therefore withdraws its derogations under Article 8 and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 2 of the Protocol of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms and declares that provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are fully implemented again.
Period covered: 29/06/2020 -
Articles concerned : 2

Reservation contained in the instrument of ratification, deposited on 10 April 1997 - Or. Eng.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Macedonia makes the following reservation with regard to the right guaranteed by Article 2 of the Protocol to the abovementioned Convention:

Pursuant to Article 45 of the Constitution of the Republic of Macedonia, the right of parents to ensure education and teaching in conformity with their own religious and philosophical convictions cannot be realised through primary private education, in the Republic of Macedonia.

Article 45 of the Constitution reads as follows:
"Citizens have a right to establish private schools at all levels of education, with the exception of primary education, under conditions determined by law".
Period covered: 10/04/1997 -
Articles concerned : 2


Republic of Moldova

Declaration contained in the instrument of ratification, deposited on 12 September 1997 - Or. Mol./Fr.

The Republic of Moldova interprets the provisions set out in the second sentence of Article 2 of the first Additional Protocol as precluding additional financial obligations for the State in respect of philosophically or religiously oriented schools, other than those provided for in domestic legislation.
Period covered: 12/09/1997 -
Articles concerned : 2


Romania

Declaration contained in the instrument of ratification, deposited on 20 June 1994 - Or. Fr.

Romania interprets Article 2 of the first Protocol to the Convention as not imposing any supplementary financial burdens connected with private educational institutions other than those established by domestic legislation.
Period covered: 20/06/1994 -
Articles concerned : 2


San Marino

Reservation contained in the instrument of ratification, deposited on 22 March 1989 - Or. It.

The Government of the Republic of San Marino declares that having regard to the provisions of law in force which govern the use of goods in conformity with the general interest, the principle set forth in Article 1 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature, in Paris, on 20 March 1952, has no bearing on the regulations in force concerning the real estate of foreign citizens.
Period covered: 22/03/1989 -
Articles concerned : 1


Spain

Reservation contained in the instrument of ratification deposited on 27 November 1990 - Or. Sp./Fr.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms, in order to avoid any uncertainty as to the application of Article 1 of the Protocol, Spain expresses a Reservation in the light of Article 33 of the Spanish Constitution, which stipulates the following:

1. The right to private property and to inheritance is recognised.
2. The social function of these rights shall determine their scope, as provided for by law.
3. No person shall be deprived of their property or their rights except for a cause recognised as being in the public interest or in the interest of society and in exchange for fitting compensation as provided for by law.
Period covered: 27/11/1990 -
Articles concerned : 1


Turkey

Reservation made at the time of deposit of the instrument of ratification, on 18 May 1954 - Or. Fr.

Having seen and examined the Convention and the Protocol (First), we have approved the same with the reservation set out in respect of Article 2 of the Protocol by reason of the provisions of Law No. 6366 voted by the National Grand Assembly of Turkey dated 10 March 1954.

Article 3 of the said Law No. 6366 reads:
Article 2 of the Protocol shall not affect the provisions of Law No. 430 of 3 March 1924 relating to the unification of education.
Period covered: 18/05/1954 -
Articles concerned : 2


United Kingdom

Declaration contained in a letter from the Permanent Representative of the United Kingdom dated 19 December 2012, registered at the Secretary General on 19 December 2012 – Or. Engl.

On 15 October 2012, the new constitution of the Turks and Caicos Islands came into force. Elections were held on 9 November 2012: there was an 84% turnout of voters. International election observers concluded that the process was transparent, accountable and that the results reflected the will of the people.

In light of these welcome and significant developments, in accordance with Article 4 of Protocol No. 1, the United Kingdom now ends its withdrawal of the application of Article 3 of Protocol No. 1 to the Turks and Caicos Islands, such as that the Article 3 of the Protocol No. 1 will once again apply there.
Period covered: 19/12/2012 -
Articles concerned : 4

Communication contained in a letter from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 – Or. Engl.

I have the honour to inform you that, pursuant to the St Helena, Ascension and Tristan da Cunha Constitution Order 2009 (United Kingdom Statutory Instrument 2009/1751), the name of the British overseas territory formerly called "St Helena and Dependencies" has been changed to "St Helena, Ascension and Tristan da Cunha". The status of the territory as a British overseas territory is unchanged, and accordingly the United Kingdom remains responsible for its external relations. To the extent that treaties extend to St Helena and Dependencies, they continue to extend to St Helena, Ascension and Tristan da Cunha.
Period covered: 19/11/2009 -
Articles concerned : -

Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 9 October 2001, registered at the Secretariat General on 10 October 2001 - Or. Engl.

In view of certain provisions of Education Act 2001 (of Tynwald) or, until the comint into operation of that Act, the Isle of Man Education Act 1949, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure in the Isle of Man.
Period covered: 10/10/2001 -
Articles concerned : 4

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 9 October 2001, registered at the Secretariat General on 10 October 2001 – Or. Engl.

In accordance with Article 4 of the Protocol, the Government of the United Kingdom declares that the Protocol shall apply to the Isle of Man being a territory for whose international relations the Government of the United Kingdom is responsible.
Period covered: 10/10/2001 -
Articles concerned : 4

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 22 February 1988, registered at the Secretariat General on 25 February 1988 - Or. Engl.

In accordance with Article 4 of the said Protocol I hereby declare, on behalf of the Government of the United Kingdom, that the Protocol shall apply to:

The Bailiwick of Guernsey
The Bailiwick of Jersey
Anguilla
British Virgin Islands
Cayman Islands
Gibraltar
Montserrat
St. Helena, Ascension and Tristan da Cunha (*)
Turks and Caicos Islands,

being territories for whose international relations the Government of the United Kingdom are responsible.

[(*) Note by the Secretariat: See the communication from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 – Or. Engl. ]
Period covered: 26/03/1988 -
Articles concerned : 4

Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 22 February 1988, registered at the Secretariat General on 25 February 1988 - Or. Engl.

Concerning Guernsey and Gibraltar : in view of certain provisions of the Education (Guernsey) Laws and of the Education Ordinance of Gibraltar, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure in Guernsey and Gibraltar.
Period covered: 26/03/1988 -
Articles concerned : 2

Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 22 February 1988, registered at the Secretariat General on 25 February 1988 - Or. Engl.

Concerning the following territories for whose international relations the Government of the United Kingdom are responsible : the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only insofar as it does not affect the application of the following legal provisions:

i. the common law of Anguilla which permits the imposition by teachers of moderate and reasonable corporal punishment;
ii. section 26 of the Education Act 1977 of the British Virgin Islands (which permits the administration of corporal punishment to a pupil only where no other punishment is considered suitable or effective and only by the principal or any teacher appointed by the principal for that purpose);
iii. section 30 of the Education Law 1983 of the Cayman Islands (which permits the administration of corporal punishment to a pupil only where no other punishment is considered suitable or effective and only by the principal or any teacher appointed in writing by him for that purpose);
iv. the common law of Montserrat which permits the imposition by teachers of moderate and reasonable corporal punishment;
v. the law of St. Helena, which permits the administration by teachers of reasonable corporal punishment; and section 6 of the Children and Young Persons Ordinance 1965 of St. Helena (which states that the right of a teacher to administer such punishment is not affected by the provisions of that section which relate to the offence of cruelty to children);
vi. the law of Ascension and Tristan da Cunha (*), which permits the administration by teachers of reasonable corporal punishment; and section 6 of the Children and Young Persons Ordinance 1965 of St. Helena (which states that the right of a teacher to administer such punishment is not affected by the provisions of that section which relate to the offence of cruelty to children);
vii. the common law of the Turks and Caicos Islands which permits the administration by teachers of reasonable corporal punishment; and section 5 of the Juveniles Ordinance (Chapter 28) of the Turks and Caicos Islands (which states that the right of a teacher to administer such punishment is not affected by the provisions of that section which relate to the offence of cruelty to juveniles).

[(*) Note by the Secretariat: See the communication from the Permanent Representative of the United Kingdom, dated 18 November 2009, registered at the Secretariat General on 19 November 2009 – Or. Engl. ]
Period covered: 26/03/1988 -
Articles concerned : 2

Reservation made at the time of signature, on 20 March 1952 - Or. Engl.

At the time of signing the present (First) Protocol, I declare that, in view of certain provisions of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure.
Period covered: 18/05/1954 -
Articles concerned : 2


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