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DRAFT PROTOCOL

CONVENTION FOR PROTECTION OF
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Paris, June 1997
[signatures]


The member States of the Council of Europe, signatory to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"),

Considering that the evolution that has occurred in several member States of the Council of Europe expresses a general tendency in favour of the elimination of any discrmination based on sexual orientation and of the recognition of way of life resulting from the sexual orientation,

Considering that the upheavals of European history have shown that the protection of national minorities is essential to stability, democratic security and peace in this continent;

Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source and a factor of enrichment for each society, and not of division;

Have agreed as follows:

Article 1

  1. Everyone has the right to establish emotional and sexual relationships based on mutual consent and respect, with any person of its choice
    This right includes freedom to manifest the existence of these relationships, either privately or in public space.
  2. The right to establish relationships and to manifest them shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 2

Two persons, of opposite sexes or of same sex, have the right to unite and to found a home, according to the national laws governing the exercise of this right.

Article 3

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as the actual or supposed sexual orientation.

No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.

Article 4

  1. This Protocol shall be open for signature by the members of the Council of Europe, who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of five instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.
  2. The instruments of ratification shall be deposited with the Secretary General of the Council of Europe, who will notify all members of the names of those who have ratified.


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