Prohibiting the marketing and use of the “Mosquito” youth dispersal device
Reply to Recommendation
| Doc. 12545
| 21 March 2011
- Author(s):
- Committee of Ministers
- Origin
- adopted
at the 1109th meeting of the Ministers’ Deputies (16 March 2011) 2011 - Second part-session
- Reply to Recommendation
- : Recommendation 1930
(2010)
- Thesaurus
1. The Committee of Ministers has carefully
examined Parliamentary Assembly
Recommendation 1930 (2010) on “Prohibiting the marketing and use of the “Mosquito”
youth dispersal device”. It has brought the recommendation to the
attention of governments and has also communicated it to the relevant intergovernmental
committees, the comments of which have been taken into account in
this reply.
Note
2. The Committee of Ministers has taken note of the possible
human rights and health implications of the use of such devices.
In this respect, it has in particular noted the Assembly’s concern
that the use of “Mosquito” devices may constitute a disproportionate
interference with the right to respect for one’s private life, including the
right to respect for physical integrity (Article 8 of the European
Convention on Human Rights), the possible interference with the
right to freedom of peaceful assembly (Article 11), and the possibility
that it be considered “degrading treatment” (prohibited by Article
3) and that the use of acoustic dispersal devices may be considered
both discriminatory (Article 14), as it is targeted specifically
at children and young people, but also indiscriminate insofar as
it affects all children and young people, not just those that are
engaging in criminal or antisocial behaviour.
3. The Committee of Ministers has also taken particular note
of the Assembly’s concern with regard to health and safety and of
the provisions of the United Nations Convention on the Rights of
the Child most relevant in this area. In this respect, the Committee
of Ministers is aware that in certain countries where studies on
the device have taken place, concerns have been voiced because the
potential health hazard cannot be ruled out. The Committee of Ministers
is also aware that concerns have been raised for infants and the
very young who, if subjected to the emissions of the device, are
unable to either leave the area of their own accord or to make themselves
understood when complaining of discomfort to those caring for them.
4. Whilst fully acknowledging the above, the Committee of Ministers
also recognises that actual human rights violations and long-term
health implications, if any, of being subjected to the “Mosquito”
device are not clearly evidenced or confirmed. There also lacks
clarity as to how the “Mosquito” youth dispersal device affects some
groups more than others.
5. The protection of children’s rights is a priority for the
Council of Europe. Its programme “Building a Europe with and for
children” is committed to both the promotion of children’s rights
and the protection of children from abuse or violence, however minor.
In the light of the concerns expressed by the Assembly, the Committee
of Ministers would therefore call on member states, for which a
primary responsibility is to protect the rights of children, to
consider assessing, where appropriate, the possible human rights
and health implications of the use of such devices and to review
national regulations concerning the marketing, installation and
use of “mosquito” devices. With regard to the latter, the Committee
of Ministers would draw particular attention to the Assembly’s recommendation
that public warnings and information be available when such devices
are being used. In the interim, given the current uncertainty over
the implications arising from the use of such acoustic devices,
member states may wish to consider applying the “precautionary principle”.
6. The Committee shares the view of the Assembly that using the
“mosquito” device to deal with antisocial behaviour may not necessarily
be an appropriate solution as it does not deal with the root cause
of the problem. In this respect, it would encourage the relevant
local and national authorities of member states to work with young
people to find positive solutions that address the underlying causes
of antisocial behaviour and in this respect would draw particular
attention to paragraph 15.3 of the Assembly’s recommendation.
7. The Committee of Ministers would also highlight the risk that
the use of such devices may create intergenerational tensions, create
negative stereotyping and alienate young people in society. To
reduce these risks, the Committee of Ministers would endorse the
Assembly’s recommendation as it appears in paragraph 16.2.
