European Convention on social and medical assistance:Protocol to the european convention on social and medical assistance

European Convention on social and medical assistance

Protocol to the european convention on social and medical assistance

Geldend

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The Governments signatory hereto, being Members of the Council of Europe,

Having regard to the provisions of the European Convention on Social and Medical Assistance, signed at Paris, on the 11th day of December, 1953 (hereinafter referred to as ‘the Assistance Convention’);

Having regard to the provisions of the Convention relating to the Status of Refugees signed at Geneva on 28th July 1951 (hereinafter referred to as ‘the Geneva Convention’);

Being desirous of extending the provisions of the Assistance Convention so as to apply to refugees as defined in the Geneva Convention,

Have agreed as follows:

Article 1

For the purposes of this Protocol the term ‘refugee’ shall have the meaning ascribed to it in Article 1 of the Geneva Convention, provided that each Contracting Party shall make a declaration at the time of signature or ratification hereof or accession hereto, specifying which of the meanings set out in paragraph B of Article 1 of that Convention it applies for the purpose of its obligations under this Protocol, unless such Party has already made such a declaration at the time of its signature or ratification of that Convention.

Article 2

The provisions of Section I of the Assistance Convention shall apply to refugees under the same conditions as they apply to the nationals of the Contracting Parties thereto.

Article 3

1

The provisions of Section II of the Assistance Convention shall not apply to refugees.

2

In the case of a person who has ceased to qualify for the benefits of the Geneva Convention in accordance with the provisions of paragraph (c) of Article 1 thereof, the period for repatriation laid down in Article 7 (a) (1) of the Assistance Convention shall begin from the date when he has thus ceased to qualify.

Article 4

As between the Contracting Parties, the provisions of Articles 1, 2 and 3 of this Protocol shall be regarded as additional Articles to the Assistance Convention, and the remaining provisions of that Convention shall apply accordingly.

Article 5

1

This Protocol shall be open to the signature of the Members of the Council of Europe who have signed the Assistance Convention. It shall be ratified.

2

Any State which has acceded to the Assistance Convention may accede to this Protocol.

3

This Protocol shall come into force on the first day of the month following the date of deposit of the second instrument of ratification.

4

As regards any Signatory ratifying subsequently, or any acceding State, the Protocol shall come into force on the first day of the month following the date of the deposit of its instrument of ratification or accession.

5

Instruments of ratification and accession shall be deposited with the Secretary-General of the Council of Europe, who shall notify the Members of the Council and acceding States of the names of those who have ratified or acceded.

In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.

Done at Paris, this 11th day of December, 1953, in English and French, both texts being equally authoritative, in a single copy, which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the Signatories.

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