ROMSO Cyprus Knowledge Base

**Article 1 of the European Convention on Human Rights**
=====================================================

**Scope and Application**
------------------------

Article 1 of the European Convention on Human Rights provides that States parties to the Convention shall accord to any person within their jurisdiction the rights and freedoms defined in Title I of the Convention (articles 2 to 18). This article defines the scope of application in the space of the Convention.

The primary intention of the drafters of the Convention was, in 1949, to ensure respect for the fundamental rights of all persons "resident" in the territory of a Member State. However, with the aim of maximising the category of persons entitled to the protection granted by the Convention, an amendment proposed to replace "resident" with "inhabitant", which was ultimately preferred.

**Jurisdiction**
---------------

The concept of jurisdiction has been challenged several times at the European Court of Human Rights. The principle question is to what extent jurisdiction is territorial in nature. In practice, this means that a State's responsibility may arise not only when its territory is involved but also when it exercises effective control over an area outside its national territory.

In **Loizidou v Turkey (Preliminary Objections)** (1995) 20 EHRR 99, the European Court of Human Rights stated:

> Bearing in mind the object and purpose of the Convention, the responsibility of a Contracting Party may also arise when as a consequence of military action - whether lawful or unlawful - it exercises effective control of an area outside its national territory. The obligation to secure, in such an area, the rights and freedoms defined in Section I of this Convention.

This interpretation has significant implications for the scope of application of the Convention, particularly in situations where States exercise extraterritorial jurisdiction.

**Provision, Implementation, National Case Law, and Interpretations**
----------------------------------------------------------------

The European Court of Human Rights has provided important case law on Article 1, including:

* The concept of jurisdiction and its territorial implications
* The responsibility of Contracting Parties in situations where they exercise effective control over an area outside their national territory
* The scope of application of the Convention in various contexts

These interpretations have shaped the understanding of Article 1 and its role in protecting human rights across Europe.