Strasbourg, 16 March 2015CDDECS (2015)4
EUROPEAN COMMITTEE FOR SOCIAL COHESION,
HUMAN DIGNITY AND EQUALITY
(CDDECS)
Review of the Council of Europe Conventions
CDDECS
2014-2015
FOR INFORMATION
Review of the Council of Europe Conventions
CDDECS
Contents
I.Review of the Council of Europe conventions
II.Tasks for the Steering Committees - review of conventions
III.The relevant monitoring bodies for the work of the CDDECS
Table 1 - Conventions relevant for the work of the CDDECS according to its TOR
Table 2 - Conventions for which CDDECS has responsibility according to its TOR
ANNEX 1 – Quick reference list of Conventions concerning the CDDECS
ANNEX 2 – Table 1 Conventions - situation of signatures and ratifications
In May 2010 the Parliamentary Assembly of the Council of Europe adopted a resolution and recommendation on reinforcing the effectiveness of Council of Europe treaty law, listing the core treaties in its annex.
In February 2011, the Committee of Ministers took note of the general approach proposed by the Secretary General to the preparation of a full report on Council of Europe conventions. The report was to include a critical review of their relevance, with a view to providing the basis for decisions on follow-up, including measures to increase the visibility and the number of Parties to relevant conventions. This report was finalised in May 2012 and transmitted to the Committee of Ministers for examination.
The Committee of Ministers agreed in April 2013 on a series of measures relating to the promotion and management of conventions, the participation of non-member States and reservations to conventions. The implementation of these measures will be assessed within three years (i.e. by 2016).The Decision is also annexed to the Terms of Reference of the CDDECS.
In the CM decision of 10 April 2013, all the steering committees were given the task to:
The relevant convention-based and other monitoring bodies with regard to the CDDECS are
The secretariat has prepared two tables (below) gathering all conventions listed in the Terms of Reference of the CDDECS. These tables are for information purposes.
Table 1 Conventions relevant for the work of the CDDECS
Table 2 Conventions for which CDDECS has responsibility
The Annex includes ratification tables for all these conventions for ease of reference for the member States. Updated latest information on all Council of Europe conventions is available on the Treaty office website (www.conventions.coe.int).
In the tables, the listing of “SG Group” is taken directly from the SG report of 2013 as follows:
Group 1: Conventions with numerous ratifications and considered as key
Group 2: Conventions with fewer ratifications but considered as key
Group 3: Other Active Conventions
Group 4: Inactive Conventions
The CDDECS members are invited to :
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The Secretariat of the CDDECS will :
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The CDDECS members are invited to
Conventions relevant for the work of the CDDECS according to its TOR |
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No. |
Title |
Opening of the treaty |
Entry into force |
Parties/ signatures |
SG |
|
048 CDDH |
European Code of Social Security |
16/4/1964 |
17/3/1968 |
21 + 5 |
3 |
Last ratification in 2009. Monitoring. |
148 |
European Charter for Regional or Minority Languages |
5/11/1992 |
1/3/1998 |
25 + 8 |
2 |
Referred to in the Appendix to PACE Resolution 1732(2010). Regular ratifications. |
157 |
Framework Convention for the Protection of National Minorities |
1/2/1995 |
1/2/1998 |
39 + 4 |
2 |
Referred to in the Appendix to PACE Resolution 1732(2010). |
163 |
European Social Charter (revised) |
3/5/1996 |
1/7/1999 |
33 + 12
|
2 |
Referred to in the Appendix to PACE Resolution 1732(2010). Regular ratifications. |
197 |
Council of Europe Convention on Action against Trafficking in Human Beings |
16/5/2005 |
1/2/2008 |
43 + 1 |
2 |
Referred to in the Appendix to PACE Resolution 1732(2010). Recent convention; regular ratifications. |
201
|
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse |
25/10/2007 |
1/7/2010 |
36 + 11 |
2 |
Referred to in the Appendix to PACE Resolution 1732(2010). Recent convention; regular ratifications. |
210
|
Council of Europe Convention on preventing and combating violence against women and domestic violence |
11/5/2011 |
1/8/2014 |
16 + 21 |
3 |
Recent Convention. Monitoring (GREVIO). |
The CDDECS members are invited to
Conventions for which CDDECS has responsibility according to its TOR |
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No. |
Title |
Opening of the treaty |
Entry into force |
Parties/ signatures |
SG |
|
012 |
European Interim Agreement on Social Security Schemes Relating to Old Age, Invalidity and Survivors |
11/12/1953 |
1/7/1954 |
21 |
3 |
Application limited to the relations between the 20 States Parties members of the EEA (bound by EU rules covering the subject – particularly Rule (EC) n° 883/2004) and Turkey (Last ratification in 2002). |
013 |
European Interim Agreement on Social Security other than Schemes for Old Age, Invalidity and Survivors |
11/12/1953 |
1/7/1954 |
21 |
3 |
Application limited to the relations between the 20 States Parties members of the EEA (bound by EU rules covering the subject – particularly Rule (EC) n° 883/2004) and Turkey (Last ratification in 2002). |
014 |
European Convention on Social and Medical Assistance |
11/12/1953 |
1/7/1954 |
18 |
3 |
Application limited to the relations between the 17 States Parties members of the EEA (bound by EU rules covering the subject) and Turkey (Last ratification in 2004). |
020 |
Agreement on the Exchange of War Cripples between Member Countries of the Council of Europe with a view to Medical Treatment |
13/12/1955 |
1/1/1956 |
17 + 1 |
4 |
Last ratification in 1979. |
033 |
Agreement on the Temporary Importation, free of duty, of Medical, Surgical and Laboratory Equipment for use on free loan in Hospitals and other Medical Institutions for purposes of Diagnosis or Treatment |
28/4/1960 |
29/7/1960 |
24 |
3 |
EU Party to the Agreement (Last ratification in 2002).
|
038 |
European Agreement on Mutual Assistance in the matter of Special Medical Treatments and Climatic Facilities |
14/5/1962 |
15/6/1962 |
8 + 3 |
3 |
Last ratification in 1966. 6 States Parties are EU members and bound by EU rules covering the subject (Rules No. 1408/71 and 574/72). |
040 |
Agreement between the Member States of the Council of Europe on the issue to Military and Civilian War-Disabled of an International Book of Vouchers for the repair of Prosthetic and Orthopaedic Appliances |
17/12/1962 |
27/12/1963 |
8 + 2 |
3 |
Last ratification in 1967. |
059 |
European Agreement on the Instruction and Education of Nurses |
25/10/1967 |
7/8/1969 |
11 + 2 |
3 |
Last ratification in 2002. |
064 |
European Agreement on the Restriction of the Use of certain Detergents in Washing and Cleaning Products |
16/9/1968 |
16/2/1971 |
10 |
3 |
Last ratification in 1980. |
068 |
European Agreement on Au Pair Placement |
24/11/1969 |
30/5/1971 |
5 + 7 + 1 |
3 |
Last ratification in 1990. |
078 |
European Convention on Social Security |
14/12/1972 |
1/3/1977 |
8 + 5 |
3 |
Last ratification in 1990. Application limited to the relations between the 7 States Parties members of the EU (bound by EU rules covering the subject – particularly Rule (EC) n° 883/2004) and Turkey. |
078A |
Supplementary Agreement for the Application of the European Convention on Social Security |
14/12/1972 |
1/3/1977 |
8 + 5 |
3 |
Last ratification in 1990. Application limited to the relations between the 7 States Parties members of the EU (bound by EU rules covering the subject – particularly Rule (EC) n° 883/2004) and Turkey. |
083 |
European Convention on the Social Protection of Farmers |
6/5/1974 |
17/6/1977 |
9 + 2 |
3 |
Last ratification in 1987. 2001 ILO Convention No. 184 on Safety and Health in Agriculture. |
093 |
European Convention on the Legal Status of Migrant Workers |
24/11/1977 |
1/5/1983 |
11 + 4 |
n/a |
(Bureau of the CDCJ) Could usefully be opened to participation by States which are not members of the Council of Europe. Could play a more important role in the times of economic crisis. |
154 |
Protocol to the European Convention on Social Security |
11/5/1994 |
|
1 + 4 |
4 |
Not entered into force 20 years after its opening (Last ratification in 2002). |
197 |
Council of Europe Convention on Action against Trafficking in Human Beings |
16/5/2005 |
1/2/2008 |
43 + 1 |
2 |
Referred to in the Appendix to PACE Resolution 1732(2010). Recent convention; regular ratifications. |
210 |
Council of Europe Convention on preventing and combating violence against women and domestic violence |
11/5/2011 |
1/8/2014 |
16 + 21 |
3 |
Recent Convention. Monitoring (GREVIO). |
|
CETS |
Convention |
|
12 |
European Interim Agreement on Social Security Schemes Relating to Old Age, Invalidity and Survivors |
|
13 |
European Interim Agreement on Social Security other than Schemes for Old Age, Invalidity and Survivors |
|
14 |
European Convention on Social and Medical Assistance |
|
20 |
Agreement on the Exchange of War Cripples between Member Countries of the Council of Europe with a view to Medical Treatment |
|
33 |
Agreement on the Temporary Importation, free of duty, of Medical, Surgical and Laboratory Equipment for use on free loan in Hospitals and other Medical Institutions for purposes of Diagnosis or Treatment |
|
38 |
European Agreement on Mutual Assistance in the matter of Special Medical Treatments and Climatic Facilities |
|
40 |
Agreement between the Member States of the Council of Europe on the issue to Military and Civilian War-Disabled of an International Book of Vouchers for the repair of Prosthetic and Orthopaedic Appliances |
|
48 |
European Code of Social Security |
|
59 |
European Agreement on the Instruction and Education of Nurses |
|
64 |
European Agreement on the Restriction of the Use of certain Detergents in Washing and Cleaning Products |
|
68 |
European Agreement on Au Pair Placement |
|
78 |
European Convention on Social Security |
|
78A |
Supplementary Agreement for the Application of the European Convention on Social Security |
|
83 |
European Convention on the Social Protection of Farmers |
|
93 |
European Convention on the Legal Status of Migrant Workers |
|
148 |
European Charter for Regional or Minority Languages |
|
154 |
Protocol to the European Convention on Social Security |
|
157 |
Framework Convention for the Protection of National Minorities |
|
163 |
Revised European Social Charter |
|
197 |
Council of Europe Convention on Action against Trafficking in Human Beings |
|
201 |
Convention on the protection of Children against Sexual Exploitation and Sexual Abuse |
|
210 |
Council of Europe Convention on preventing and combating violence against women and domestic violence |
|
European Code of Social Security
Open for signature by the member States of the Council of Europe, in Strasbourg, on 16 April 1964.
Entry into force: 17 March 1968.
Summary of the treaty
The Code aims at encouraging the development of social security in all member States of the Council of Europe in order that they may gradually reach the highest level possible. The Code fixes a series of standards which Parties undertake to include in their social security systems.
The Code defines norms for social security coverage and establishes minimum levels of protection which Parties must provide in such areas as medical care, sickness benefits, unemployment benefit, old-age benefits, employment injury benefits, family benefits, maternity benefits, invalidity benefits, survivors' benefits, etc.
The Protocol opened for signature by the member States, in Strasbourg, on 16 April 1964, and entered into force on 17 March 1968, contains provisions allowing Parties to achieve a higher level of social security than that provided for in the provisions of the Code.
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Status as of: 9/3/2015 Member States of the Council of Europe
Non-members of the Council of Europe
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
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European Charter for Regional or Minority Languages
Open for signature by the member States of the Council of Europe, in Strasbourg, on 5 November 1992.
Entry into force: 1 March 1998.
This treaty aims to protect and promote the historical regional or minority languages of Europe. It was adopted, on the one hand, in order to maintain and to develop the Europe's cultural traditions and heritage, and on the other, to respect an inalienable and commonly recognised right to use a regional or minority language in private and public life.
First, it enunciates objectives and principles that Parties undertake to apply to all the regional or minority languages spoken within their territory: respect for the geographical area of each language; the need for promotion; the facilitation and/or encouragement of the use of regional or minority languages in speech and writing, in public and private life (by appropriate measures of teaching and study, by transnational exchanges for languages used in identical or similar form in other States).
Further, the Charter sets out a number of specific measures to promote the use of regional or minority languages in public life. These measures cover the following fields: education, justice, administrative authorities and public services, media, cultural activities and facilities, economic and social activities and transfrontier exchanges. Each Party undertakes to apply a minimum of thirty-five paragraphs or sub-paragraphs chosen from among these measures, including a number of compulsory measures chosen from a "hard core". Moreover, each Party has to specify in its instrument of ratification, acceptance or approval, each regional or minority language, or official language which is less widely used in the whole or part of its territory, to which the paragraphs chosen shall apply.
Enforcement of the Charter is under control of a committee of experts which periodically examines reports presented by the Parties.
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Status as of: 9/3/2015 Member States of the Council of Europe
Non-members of the Council of Europe
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
Framework Convention for the Protection of National Minorities
Open for signature by the member States of the Council of Europe, in Strasbourg, on 1 February 1995.
Entry into force: 1 February 1998.
The Convention is the first legally binding multilateral instrument concerned with the protection of national minorities in general. Its aim is to protect the existence of national minorities within the respective territories of the Parties. The Convention seeks to promote the full and effective equality of national minorities by creating appropriate conditions enabling them to preserve and develop their culture and to retain their identity.
The Convention sets out principles relating to persons belonging to national minorities in the sphere of public life, such as freedom of peaceful assembly, freedom of association, freedom of expression, freedom of thought, conscience and religion, and access to the media, as well as in the sphere of freedoms relating to language, education, transfrontier co-operation, etc.
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Treaty open for signature by the member States and up until the date of entry into force by any other State so invited by the Committee of Ministers
Status as of: 9/3/2015 Member States of the Council of Europe
Non-members of the Council of Europe
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
European Social Charter (revised)
Open for signature by the member States of the Council of Europe, in Strasbourg, on 3 May 1996.
Entry into force: 1 July 1999.
The European Social Charter (revised) of 1996 (ETS No. 163) embodies in one instrument all rights guaranteed by the Charter of 1961 (ETS No. 035), its additional Protocol of 1988 (ETS No. 128) and adds new rights and amendments adopted by the Parties. It is gradually replacing the initial 1961 treaty.
The European Social Charter (revised) guaranteed fundamental social and economic rights of all individuals in their daily lives. It takes account of the evolution which has occurred in Europe since the Charter was adopted in 1961, and includes the following:
New rights: right to protection against poverty and social exclusion; right to housing; right to protection in cases of termination of employment; right to protection against sexual harassment in the workplace and other forms of harassment; rights of workers with family responsibilities to equal opportunities and equal treatment; rights of workers’ representatives in undertakings;
Amendments: reinforcement of principle of non-discrimination; improvement of gender equality in all fields covered by the treaty; better protection of maternity and social protection of mothers; better social, legal and economic protection of employed children; better protection of handicapped people.
Enforcement of the new Charter is submitted to the same system of control as the Charter of 1961, developed by the Amending Protocol of 1991 (ETS No. 142) and by the Additional Protocol of 1995 providing a system of collective complaints (ETS No. 158).
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Status as of: 9/3/2015 Member States of the Council of Europe
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
Council of Europe Convention on Action against Trafficking in Human Beings
Entry into force: 1 February 2008.
The Convention is a comprehensive treaty mainly focused on the protection of victims of trafficking and the safeguard of their rights. It also aims at preventing trafficking as well as prosecuting traffickers.
The Convention applies to all forms of trafficking; whether national or transnational, whether or not related to organised crime and whoever the victim, women, men or children and whatever the form of exploitation, sexual exploitation, forced labour or services, etc.
The Convention provides for the setting up of an independent monitoring mechanism ("GRETA") guaranteeing Parties’ compliance with its provisions.
Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Union, and for accession by other non-member States
Status as of: 10/3/2015 Member States of the Council of Europe
Non-members of the Council of Europe
International Organisations
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
This Convention is the first instrument to establish the various forms of sexual abuse of children as criminal offences, including such abuse committed in the home or family, with the use of force, coercion or threats.
Preventive measures outlined in the Convention include the screening, recruitment and training of people working in contact with children, making children aware of the risks and teaching them to protect themselves, as well as monitoring measures for offenders and potential offenders.
The Convention also establishes programmes to support victims, encourages people to report suspected sexual exploitation and abuse, and sets up telephone and internet helplines for children.
It also ensures that certain types of conduct are classified as criminal offences, such as engaging in sexual activities with a child below the legal age and child prostitution and pornography. The Convention also criminalises the solicitation of children for sexual purposes ("grooming") and "sex tourism".
With the aim of combating child sex tourism, the Convention establishes that individuals can be prosecuted for some offences even when the act is committed abroad.
The new legal tool also ensures that child victims are protected during judicial proceedings, for example with regard to their identity and privacy.
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Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Union, and for accession by other non-member States
Status as of: 9/3/2015 Member States of the Council of Europe
Non-members of the Council of Europe
International Organisations
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
Entry into force: 1 August 2014.
This new landmark treaty of the Council of Europe opens the path for creating a legal framework at pan-European level to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence.
The Convention also establishes a specific monitoring mechanism ("GREVIO") in order to ensure effective implementation of its provisions by the Parties.
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Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Union, and for accession by other non-member States
Status as of: 10/3/2015 Member States of the Council of Europe
Non-members of the Council of Europe
International Organisations
Notes: Source : Treaty Office on http://conventions.coe.int – * Disclaimer |
[1] Status of ratifications and signatures as of 10 March 2015. The Council of Europe has 47 member States.
[2] Status of ratifications and signatures as of 10 March 2015. The Council of Europe has 47 member States.