A comparison of the
47 Members of the Council of Europe for Human Rights
Essential explanatory notes:-
Symbol: * 17 Nations ratifying Protocol 12 of the European Convention of Human Rights. Article 1 (2) “No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1”. (Paragraph 1, includes:- “association with a national minority”). (Not ratified by the United Kingdom).
Symbol: # 27 Members of the European Union. EU Charter of Fundamental Rights, Article 20 provides: “Everyone is equal before the law”. (Opt-outs by Ireland, Poland and the United Kingdom).
Symbol: € 17 Members of the Eurozone plus 4 adoptions of the Euro currency. (Andorra; Montenegro: Monaco; San Marino) (Does not include the United Kingdom).
Symbol: + 44 Members of the United Nations who have ratified the Optional Protocol to the Covenant on Civil and Political Rights:- “Individuals who claim that any of their rights enumerated in the Covenant have been violated may, after exhausting domestic remedies, submit a written communication to the Committee for consideration”. Article 26, “All persons are equal before the law………….”. Article 27, includes, “right of a minority to enjoy their own culture”. (Ratifications at 30.10.2011). (Not ratified by Switzerland; Monaco or the United Kingdom).
Council of Europe Member State
Constitutional provision for equality before the law
Albania* + Article 18 All are equal before the law.
Andorra*€ + Article 5 The United Nations Universal Declaration of Human Rights is binding. (UNUD includes: “Equality before the Law” at Article 7 as important for minorities).
Armenia* + Article 16 All are equal before the law.
Austria# € + Article 2 All citizens are equal before the law.
Azerbaijan + Article 25 All people are equal with respect to the law & law court.
Belgium# € + Article 10 Equality before the law.
Bosnia Herzegovina* + Article 2 Directly applicable European Convention of Human Rights and Protocols.
Bulgaria# + Art. 6 (2) All citizens shall be equal before the law.
Czech Republic# + Article 3 All people are free and equal in their rights.
Croatia* + Article 14 All shall be equal before the law.
Cyprus*# € + Article 28 All people are equal before the law.
Denmark# + Article 83 All privileges by legislation attached to nobility title and rank shall be abolished.
Estonia# € + Para. 12 Everyone is equal before the law.
Finland*# € + Section 6 Everyone is equal before the law.
France# € + Maxim of the Republic “Liberty, Equality, Fraternity”.
Article 71 “Referral may be made to the Defender of Right by every person who considers his rights to have been infringed by the operation of a public service or of a body carrying out a public service mission”.
Georgia* + Article 7 Universal Human Rights as directly acting law.
Germany# € + Article 3 All persons are equal before the law.
Greece# € + Pt.2.Art.1 All Greeks are equal before the law.
Hungary# + Art.XIV.1 Everyone is equal before the law.
Iceland + Article 65 Everyone shall be equal before the law.
Ireland# € + Article 40 All citizens shall be held equal before the law.
Italy# € + Article 3 All citizens are equal before the law.
Latvia# + Article 91 All human beings in Latvia shall be equal before the law and the courts.
Lichtenstein + Article 31 (1) All citizens shall be equal before the law.
Lithuania# + Article 29 All persons shall be equal before the law.
Luxembourg*# € + Art.11 (2) Luxembourgers are equal before the law.
Malta# € + Sect.45 No law shall make any provision that is discriminatory.
Macedonia* + Art.9 (2) All citizens are equal before the constitution and the law.
Moldova + Art.16. (2) All citizens of the Republic are equal before the law.
Monaco € Article 17 All Monegasques are equal before the law.
Montenegro* € + See Serbia.
Netherlands*# € + Article 1 All persons shall be treated equally.
Norway + Article 95 Equality before the law.
Poland# + Article 32 All persons are equal before the law.
Portugal# € + Article 13 All citizens are equal before the law.
& Art. 8 “The rules or principles of general or ordinary
international law are an integral part of Portuguese law”.
Romania + Article 16 Citizens are equal before the law. No one is above the law.
Russia + Article 19 All people shall be equal before the law and court.
San Marino* € + Article 4 All are equal before the law. (Citizens Rights Act 1974).
Serbia* + Article 21 All are equal before the constitution and law.
Slovakia# € + Article 12 People are free and equal in dignity and their rights.
Slovenia# € + Article 14 All are equal before the law.
Spain*# € + Article 14 Spaniards are equal before the law.
Sweden # + Art. 9 (1) The Constitution of the European Monarchy of Sweden
“Courts, public authorities and others performing functions within the public administration shall observe in their work the equality of all persons before the law and shall maintain objectivity and impartiality”.
Switzerland Article 8 All humans are equal before the law.
Ukraine* + Article 24 Citizens have equal constitutional rights and freedoms and are equal before the law.
Turkey + Art.10 (2) All individuals are equal without any discrimination before the law. (3) No privilege may be granted to any individual, family, group or class.
United Kingdom# “The UK has not yet signed or ratified Protocol 12 to the ECHR which recognises a freestanding right to equal treatment”. (RAXEN – Report 4, UK – Comparative constitutional law – 2004), (not by 2011). The Duke of Cornwall’s constitutional rights include:- “Where a bill (draft legislation) affects the hereditary revenues, personal property or other interests of the Duchy of Cornwall (mostly in Cornwall), then, the consent of the Prince of Wales (the Duke of Cornwall) must be signified in both Houses of Parliament before the bill is passed (becomes law). Cabinet Office guidance states”. (The Guardian, 30th October 2011).
By a Freedom of Information Tribunal of 3rd November 2011 (Case No:- EA/2010/0182) Judge Angel ruled:- “In a modern context the Duchy is carrying out the public function or service of providing an income for the undertaking of an extremely important constitutional role in the UK”. (para.109). “The provision of an income for the Duke is a function of public administration”, (para.110). (Quote from:- Preserve Port Navas Quay; Information Tribunal Ruling).
© Save Cornwall – 5th November 2011