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Young people's access to fundamental rights

Doc. 13156: collection of written amendments | Doc. 13156 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Recommendation

1The Parliamentary Assembly is firmly convinced that unhindered access of young people to fundamental rights is an essential element in building a culture of human rights, democracy and the rule of law, and is concerned that youth policies in the Council of Europe member States do not sufficiently safeguard these rights.
2 The Assembly therefore reiterates its call for a binding legal framework at European level in order to secure young people’s access to fundamental rights.

In the draft recommendation, paragraph 2, after the words "fundamental rights" insert the following words: ", including socio-economic rights".

Explanatory note

The amendment reiterates what the Assembly has stressed on multiple occasions and in particular during its debates on the state of human rights in Europe: we deem human rights indivisible, interdependent and complementary; we consider that the notion of fundamental rights covers not only civil and political rights, but also socio-economic rights.

3Conscious of the challenge that the preparation of a binding instrument in this field will involve, the Assembly calls on the Committee of Ministers to prepare as a first step a recommendation on “Improving young people’s access to fundamental rights”, instructing the European Steering Committee for Youth, the Advisory Council on Youth and the Steering Committee for Education Policy and Practice, in co-operation with the European Committee for Social Cohesion, to draft this recommendation. This should bring together and complete the acquis of previous Committee of Ministers’ recommendations, also building on the following texts: key proposals put forward by Youth sector representatives at the Conference of Ministers responsible for Youth held in St Petersburg from 24 to 25 September 2012; the text adopted by the Youth Assembly held in Strasbourg from 5 to 7 October 2012; and relevant resolutions and recommendations of the Parliamentary Assembly.

23 April 2013

Tabled by Mr Robert SHLEGEL, Mr Anvar MAKHMUTOV, Mr Leonid KALASHNIKOV, Mr Alexander SIDYAKIN, Mr Otari ARSHBA

Votes: 10 in favor 48 against 5 abstentions

In the draft recommendation, replace paragraph 3 with the following paragraph:

"The Assembly calls on the Committee of Ministers to prepare a recommendation on "improving young people's access to fundamental rights", instructing the European Steering Committee for Youth, the Advisory Council on Youth and the Steering Committee for Education Policy and Practice, in co-operation with the European Committee for Social Cohesion, to draft this recommendation. This should bring together and complete the acquis of previous Committee of Ministers' recommendations, also building on the following texts: key proposals put forward by Youth sector representatives at the Conference of Ministers responsible for Youth held in St Petersburg from 24 to 25 September 2012; the text adopted by the Youth Assembly held in Strasbourg from 5 to 7 October 2012; and relevant resolutions and recommendations of the Parliamentary Assembly".

Explanatory note

The idea of the preparation of a binding instrument in this field has not enjoyed consensus in the Council of Europe and in this context it would be more appropriate to concentrate efforts on the Committee of Ministers'work on a recommendation on "improving young people's access to fundamental rights".

In the draft recommendation, after paragraph 3, insert the following paragraph:

"The Assembly welcomes the launch, in February 2013, of a Council of Europe campaign "Nurturing human rights" with a view to promoting rights and freedoms enshrined in the European Convention on Human Rights (ETS No.5), with an emphasis on young people. It believes that the campaign should be further widened to encompass also the rights enshrined in the European Social Charter (revised)(ETS No.163)."

4The Assembly also recommends that the Committee of Ministers take action to enhance member States’ capacity to evaluate young people’s access to rights, prevent violations of these rights, provide adequate follow-up and redress, and consider innovative ways to empower young people in accessing their rights. To this end, the Assembly invites the Committee of Ministers to:

23 April 2013

Tabled by Mr Robert SHLEGEL, Mr Anvar MAKHMUTOV, Mr Leonid KALASHNIKOV, Mr Alexander SIDYAKIN, Mr Otari ARSHBA

Votes: 8 in favor 58 against 0 abstention

In the draft recommendation, paragraph 4, replace the word "their" with the following word: "these".

Explanatory note

Such wording - "of these rights" - is used by the rapporteur in paragraph 4. In our view, it seems more logical to use the wording throughout the text of the draft recommendation.

4.1reinforce the cross-sectoral and rights-based approach to youth policy throughout the Organisation, asking different Council of Europe bodies to give careful consideration to young people’s rights in the development of standards, programmes and monitoring activities, and to explore measures to improve the access of young people to these rights;

23 April 2013

Tabled by Mr Robert SHLEGEL, Mr Anvar MAKHMUTOV, Mr Leonid KALASHNIKOV, Mr Alexander SIDYAKIN, Mr Otari ARSHBA

Votes: 6 in favor 59 against 2 abstentions

In the draft recommendation, paragraph 4.1, after the words "young people's", insert the following words: "access to".

Explanatory note

Such wording - "young people's access to rights" - is used by the rapporteur in paragraph 4. In our view, it seems more logical to use the same wording throughout the text of the draft recommendation.

4.2instruct specifically the Steering Committee for Human Rights and its Gender Equality Commission to pay due attention in their work to the situation of young people in each and every Council of Europe member State;
4.3reinforce the programme of international reviews of national youth policies, under the responsibility of the European Steering Committee for Youth, paying particular attention to the establishment of mechanisms ensuring effective access of young people to their rights, and taking corrective action as necessary;
4.4urge the Joint Council on Youth, in co-operation with other sectors of the Council of Europe, to conduct a thorough study concerning young people’s access to rights, to identify difficulties and good practice in this area and to prepare a handbook of instruments, programmes and policies on youth rights;

23 April 2013

Tabled by Mr Robert SHLEGEL, Mr Anvar MAKHMUTOV, Mr Leonid KALASHNIKOV, Mr Alexander SIDYAKIN, Mr Otari ARSHBA

Votes: 8 in favor 57 against 1 abstention

In the draft recommendation, paragraph 4.4, replace the words "youth rights" with the following words: "young people's access to rights".

Explanatory note

Such wording - "young people's access to rights" - is used by the rapporteur in paragraph 4. In our view, it seems more logical to use the same wording throughout the text of the draft recommendation.

In the draft recommendation, after paragraph 4.4, insert the following paragraph:

"instruct relevant bodies of the Council of Europe to intensify the promotion and implementation of the Revised European Charter on the Participation of Young People in Local and Regional Life;"

4.5make use of existing platforms, particularly the European Centre for Global Interdependence and Solidarity (North-South Centre), to promote, facilitate and improve co-operation between educational institutions and non-governmental organisations (NGOs) from the European Union/European Economic Area (EU27/EEA) and other members of the Council of Europe and neighbouring countries, including southern Mediterranean countries;

In the draft recommendation, paragraph 4.5, after the words "educational institutions", insert the following words: ", youth organisations".

Explanatory note

The amendment proposes to involve also youth associations as active stakeholders (alongside educational institutions and NGOs) in intensifying the cooperation process throughout Europe and neighbouring countries.

4.6initiate a project to develop transversal policies aimed at supporting the effective exercise of social and economic rights by young people, in line with the results of the 2nd Council of Europe Conference of Ministers responsible for Social Cohesion “Building a secure future for all”, held on 11 and 12 October 2012 in Istanbul;

In the draft recommendation, paragraph 4.6, after the words "aimed at", insert the following words: "fostering intergenerational dialogue and".

23 April 2013

Tabled by Mr Robert SHLEGEL, Mr Anvar MAKHMUTOV, Mr Leonid KALASHNIKOV, Mr Alexander SIDYAKIN, Mr Otari ARSHBA

Votes: 11 in favor 54 against 1 abstention

In the draft recommendation, paragraph 4.6, after the words "by young people", insert the following words: ", with a particular focus on youth unemployment and entrepreneurial education,"

Explanatory note

In our view, such wording will emphasize the acute problem of unemployment among youth and the necessity to promote entrepreneurial education.

In the draft recommendation, paragraph 4.6, after the words "in Istanbul", insert the following words: "and to invite the European Union to participate in such a project".

Explanatory note

Thus, the Assembly will send a message about the necessity to promote interaction between the Council of Europe and the European Union on this important issue.

4.7consider the appointment of an ombudsperson at the Council of Europe level to ensure that the rights of young people are respected and protected.

23 April 2013

Tabled by Mr Robert SHLEGEL, Mr Anvar MAKHMUTOV, Mr Leonid KALASHNIKOV, Mr Alexander SIDYAKIN, Mr Otari ARSHBA

Votes: 6 in favor 54 against 6 abstentions

In the draft recommendation, delete paragraph 4.7.

Explanatory note

The appointment of an ombudsperson at the Council of Europe level might lead to duplication of his activites with those of the Commissioner for Human Rights of the Council of Europe.

In the draft recommendation, after paragraph 4.7, insert the following paragraph:

"recommend to the governments of the member States of the Council of Europe to closely monitor the compliance with the basic rights of young people to freely express their political differences, including non-violent protest, and to prevent subsequent detention for political reasons."