Appendix 1 – Comments of the Steering Committee
for Human Rights (CDDH) on Parliamentary Assembly Recommendation 1791 (2007)
1. The Steering
Committee for Human Rights (CDDH) warmly welcomes Parliamentary
Assembly Recommenda tion 1791 (2007) – “State of human rights and
democracy in Europe” which, with
Resolution 1547 (2007), is yet another illustration of the important initiating
and stimulating role that the Assembly plays in the dynamics of
the Council of Europe’s work in the human rights field. These political
texts provide a clear overview of what has been achieved in the
field of human rights and the challenges with which Europe is confronted
in this area. They show the way forward in the active respect for
human rights and democracy on our continent. In particular, by requiring
Europe to have zero tolerance for human rights violations, the recommendation
and resolution provide most useful food for thought as regards priorities
to be set for intergovernmental co-operation in the field for the
years to come. In this sense, these comments to
Recommendation 1791 (2007) – which just focus on issues which fall within the remit
of the terms of reference of the CDDH – should be seen only as a
first response to the many ideas and proposals formulated by the Assembly.
The state of human rights in Europe
2. Overall, the CDDH takes on board
the analyses and orientations proposed by the Assembly in the recommendation
and resolution and concurs that follow-up should be given to the
human rights issues raised therein, as appropriate (see paragraph
2.1).
3. The CDDH strongly endorses the necessity to fully and speedily
implement the 2005 Warsaw Summit Declaration and Action Plan (see
paragraph 2.2).
4. The CDDH believes it essential that the Council of Europe’s
work on awareness raising and its programmes of cooperation and
assistance should be reinforced, as does the Parliamentary Assembly.
It recalls the relevance of Recommendation Rec(2004)4 of the Committee
of Ministers concerning the European Convention on Human Rights
in university education and professional training that was developed
within the CDDH and the implementation of which it is reviewing.
The CDDH also highlights its contribution to the drafting of a feasibility
study on a political framework document on education of democratic
citizenship and human rights
Note (see
paragraph 2.3).
5. The CDDH recalls that it has already drafted a study on legal
and technical questions concerning accession of the EU/European
Community to the European Convention on Human Rights.
Note The
proposed EU Reform Treaty may also have relevant implications. The
CDDH reiterates its readiness to carry out further work in connection
with this issue (see paragraph 2.5).
6. The CDDH endorses the need to strengthen political support
for the European Court of Human Rights and agrees with the Assembly
on the measures that the latter recommends to this end. In this
regard, the CDDH recalls that, as requested by the Ministers’ Deputies,
it is preparing for April 2008 a detailed report on the follow-up
to the Committee of Ministers’ Declaration on sustained action to
ensure the effectiveness of the implementation of the European Convention
on Human Rights at national and European levels. Furthermore, in
July 2007, the Deputies also requested the CDDH to thoroughly examine
concrete follow-up action to the recommendations contained in the
Report of the Group of Wise Persons to the Committee of Ministers (November
2006) and to examine any other relevant proposal liable to contribute
to the consolidation of the human rights protection system established
by the Convention. The CDDH will present an interim report by April
2008, stressing proposed measures that may be adopted without amending
the Convention. A subsequent report on proposals requiring amendments
to the Convention will be presented by April 2009. Finally, the
CDDH is also to evaluate the first effects of Protocol No. 14 during
the first year of its entry into force and to report on this to
the Deputies (see paragraph 2.6).
7. The CDDH also agrees with the Assembly that political support
for the Council of Europe’s other supervisory and monitoring mechanisms,
as well as the institution of the Commissioner for Human Rights, should
be strengthened. It recalls the role outlined for the latter in
its report on the protection of human rights during armed conflict,
as well as during internal disturbances and tensions
Note and
in the framework of its ongoing discussions on human rights defenders
(see paragraphs 2.6-2.7).
8. Like the Assembly, the CDDH agrees on the need for an adequate
political response by the Committee of Ministers to serious human
rights violations and emphasises that the Court and other monitoring mechanisms
cannot be left to deal with such violations on their own and that
the Committee of Ministers should strengthen its political support.
In this regard, the CDDH endorses that the Committee of Ministers
should call on member states to consider signing and ratifying the
new UN Convention for the Protection of All Persons from Enforced
Disappearances. It also agrees that member states should be called
on to fully cooperate with the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment and
to systematically publish its reports (see paragraphs 3-3.2).
9. As to allegations of secret detentions and unlawful interstate
transfers, the CDDH agrees with the Assembly that there is a need
to examine any possible human rights problems in this area. It will
address these issues in separate comments, which the Committee of
Ministers has requested in Parliamentary Assembly
Recommendations 1754 (2006) and 1801 (2007) (see paragraph 3.3).
10. The CDDH shares the views of the Assembly on the usefulness
of guidelines to member states addressing the issue of the impunity
which perpetrators of certain serious human rights violations enjoy
in certain member states. Such an instrument, drawing from, inter alia, the case law of the
European Court of Human Rights, would send a clear signal of Europe’s
willingness to end impunity of human rights violations and would
have a real added value not only to member states, but also beyond
our continent. The CDDH expresses its readiness to contribute to
such drafting, in co-operation in particular with the European Committee
on Crime Problems (CDPC) (see paragraph 4).
11. As to the need to support human rights defenders in Europe
and to ensure the existence of effective mechanisms of protection
in urgent cases, the CDDH recalls that in 2006 the Council of Europe
organised a colloquy specifically on this topic. This event enabled
the identification of obstacles faced by human rights defenders
at national level and the definition of measures to be taken so
as to encourage and promote action by them, and to ensure the existence
of efficient protection mechanisms in urgent cases. In April 2007,
the CDDH noted the activity report on Council of Europe action to
improve the protection of human rights defenders and promote their
activities, developed by a specific working group. The final report
contains concrete proposals for Council of Europe action in this
field and a declaration (see paragraph 5).
12. Bearing in mind the existing mechanisms (e.g. Article 52,
the Commissioner for Human Rights, etc.), the CDDH recognises that
further consideration should be given to the available ways and
means to react rapidly and effectively to allegations of systematic
human rights abuse. In this context, it expresses its readiness
to the Committee of Ministers to examine, in close cooperation with
the Assembly, the advisability of a mechanism with appropriate investigative
powers (see paragraph 7).
13. As to terrorism, further to the drafting of the Guidelines
on the protection of human rights and the fight against terrorism,
adopted by the Committee of Ministers in July 2002, the CDDH developed
another series of guidelines on the protection of victims of terrorist
acts (March 2005). These instruments have become reference documents
on the subject. The CDDH also recalls that the seminar it organised
in June 2005 on the protection of human rights in the fight against
terrorism meant that these aspects could be developed further in
order to help member states fully implement the guidelines. The
CDDH stresses that its current workload prevents it from embarking
on a largescale undertaking such as regular monitoring of member
states’ legislation and practice in this area, as advocated by the
Assembly. However, this undertaking might be reconsidered in a year’s
time, after the completion of some of its ongoing priority activities
(see paragraph 8).
14. The CDDH agrees with the Assembly that Council of Europe activities
in the fight against discrimination should be reinforced. In this
regard, it recalls its contribution through the drafting of Protocol
No. 12 to the European Convention on Human Rights and welcomes the
Committee of Ministers’ call to member states to consider signing
and ratifying this instrument. As to the respect for and acceptance
of diversity, the CDDH is carrying out work to ensure that law and
policy in multicultural societies are based on the Council of Europe’s human
rights standards. This work
Note has already contributed to the preparation
of the Council of Europe’s future White Paper on Intercultural Dialogue
(see paragraph 9).
15. The CDDH also plays an active part in the field of protection
of national minorities through its Committee of Experts DH-MIN,
Note which
provides an appropriate forum for the exchange of information and
experience in policies and good practices regarding the protection
of these minorities. This committee is currently examining topical
themes such as access of national minorities to new media, or the
promotion of use of native languages in minority communities. It
is also examining a proposal to deal with the issue of the use of
existing binding and non-binding instruments concerning the protection
of national minorities and non-discrimination in relation to new
communities (see paragraph 9).
16. Like the Assembly, the CDDH believes that, to further improve
the protection of fundamental social and economic rights, all member
states should consider signing and/or ratifying the European Social
Charter (revised) (ETS No. 163) and ensuring full compliance with
it, as well as accepting the Charter’s collective complaints procedure
and considering EU accession to this Charter. As for the CDDH, it
drafted Recommendation No. R (2000) 3 on the right to the satisfaction
of basic material needs of persons in situations of extreme hardship,
which was adopted by the Committee of Ministers in January 2000,
and, since its adoption, has initiated exchanges of views on the
issue of the possible protection of certain social rights within the
framework of the European Convention on Human Rights. It keeps abreast
of developments in the field of social rights within the various
bodies of the Council of Europe, as well as in the framework of
the European Union and the United Nations (see paragraph 10).
17. Among the persons in particularly vulnerable situations referred
to by the Assembly, the CDDH is currently focusing on the protection
of the human rights of persons subject to accelerated asylum procedures. It
is considering drafting guidelines in this area, mainly on the basis
of extensive information that it is in the process of collecting
on the legal situation and practices of member states relating to
these issues. Moreover, like the Assembly, the CDDH agrees that
the issue of rights of irregular immigrants deserves further consideration
and expresses its willingness to contribute to work in this field
(see paragraphs 11-12).
18. The very serious problems mentioned by the Assembly concerning
violence towards women, including domestic violence, are being handled
in particular by the Steering Committee for Equality between Women
and Men (CDEG). In relation to the Assembly’s invitation to develop
an effective strategy to eliminate forced and child marriages, it
should be noted that Recommendation Rec(2002)5 of the Committee
of Ministers to member states on the protection of women against
violence defines forced marriages as a form of violence against women
and calls on member states to prohibit such marriages, including
early marriages. Furthermore, the CDEG has closely examined this
issue, including child and early marriages, in 28 member states
in its study on “Forced marriages in Council of Europe member states
– a comparative study of legislation and political initiatives”.
Note The study concludes with proposals for recommended
action in various fields, thereby putting forward a strategy to
effectively eliminate this practice. The body overseeing implementation
of the ongoing Council of Europe Campaign to Combat Violence against
Women, including Domestic Violence, is the Council of Europe Task
Force to Combat Violence against Women, including Domestic Violence.
Note In
line with its terms of reference, the task force will present a
final activity report to the Committee of Ministers for consideration
at the end of the campaign in June 2008. This report will contain
conclusions and assessments of measures and actions taken at national
level within the framework of the campaign to combat violence against
women, including domestic violence, as well as its recommendations
to the Council of Europe for future action in this field. These
recommendations will provide the Committee of Ministers with a basis
from which to further define the necessary measures to combat violence
against women. The CDDH expresses its readiness to contribute, from
its human rights perspective, to intergovernmental work which might
be conducted in this field (see paragraph 13).
19. As regards the Assembly’s recommendation concerning measures
intended to guarantee the right to a healthy, viable and decent
environment,
Note the CDDH
recalls work that it carried out which resulted in the publication
in 2006 of the manual
Human rights and
the environment – principles emerging from the case law of the European
Convention on Human Rights, which was intended to shed
light on the relationship between human rights and the environment
and thereby to contribute to strengthening environmental protection
at the national level. The manual shows that the Convention already
indirectly offers, through Convention rights, a certain degree of
protection regarding environmental matters. The CDDH would welcome
it if the Committee of Ministers encouraged member states to have
the manual translated and distributed to all competent national authorities
(see paragraph 14).
20. The CDDH fully shares the view of the Assembly that the effectiveness
of Council of Europe conventions in the human rights field is considerably
reduced by reservations or restrictive interpretative declarations.
In 2008, the CDDH resolves to include in its regular “tours de table” on the status of
signatures and ratifications of Protocols Nos. 12, 13 and 14 to
the Convention, exchanges of information on reservations or restrictive interpretative
declarations made by member states at the time of signature/ratification
of these protocols. In this context, the CDDH feels obliged to point
out a most pressing concern: Protocol No. 14 should be ratified by
the sole member state that has not yet done so – the Russian Federation
– as the non-entry into force of this protocol is adversely affecting
the effectiveness of the Convention.
The state of democracy in Europe
21. Without commenting in detail
on this section as it is not directly within the scope of its terms
of reference, the CDDH wishes to point out that human rights and
democracy are intrinsically linked, as is respect for the rule of
law. The CDDH wishes to inform the Committee of Ministers that work
is nearing completion on a draft Council of Europe Convention on
Access to Official Documents. This Convention is expected to make
a major contribution to strengthening participatory democracy in
member states.
