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

IV.The way forward

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

I.            Review of the Council of Europe conventions

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.

• PA Resolution 1732 (2010) Reinforcing the effectiveness of Council of Europe treaty law
• PA Recommendation 1920 (2010) Reinforcing the effectiveness of Council of Europe treaty law

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.

• Report by the Secretary General on the review of Council of Europe conventions (16 May 2012)

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.

• CM Decision on the review of Council of Europe conventions – Report by the Secretary General (10 April 2013)

 

II.            Tasks for the Steering Committees - review of conventions

In the CM decision of 10 April 2013, all the steering committees were given the task to:

1. propose ways of improving the visibility, impact and efficiency of some or all of the conventions for which they have been given responsibility;

 

2. draw the attention of member States to the relevant conventions;

 

3. where necessary, identify any operational problems or obstacles to ratification of the relevant conventions, and draw the attention of member States to reservations which impact substantively on the effectiveness of their implementation;

 

4. encourage States to regularly examine the possibility and/or desirability of becoming a Party to new Council of Europe conventions;

 

5. assess the necessity or advisability of drafting amendments or additional protocols to the conventions for which they have been given responsibility or drafting supplementary conventions; and

 

6. report back to the Committee of Ministers;

III.            The relevant monitoring bodies for the work of the CDDECS

The relevant convention-based and other monitoring bodies with regard to the CDDECS are

• European Commission against Racism and Intolerance (ECRI)
• Advisory Committee on the Framework Convention for the Protection of National Minorities (FCNM)
• Committee of Experts on the European Charter for Regional or Minority Languages (ECRML)
• Group of Experts on Action against Trafficking in Human Beings  (GRETA)
• Committee of the Parties to the Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse ( “Lanzarote Committee”)
• Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO)

• European Committee of Social Rights (ECSR)

IV.            The way forward

 

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

 

 

 

Table 1 - Conventions relevant for the work of the CDDECS according to its TOR [1]

The CDDECS members are invited to

• Examine Table 1 and discuss on national level if any further signatures or ratifications of these key conventions are possible.
• Discuss on national level what promotional activities with regard to the conventions, respective monitoring mechanisms and their findings could be done on national level to raise awareness and to improve the implementation of human rights in general.

Table 2 - Conventions for which CDDECS has responsibility according to its TOR[2]

The CDDECS members are invited to

• Take note of the conventions in Table 2 and see if any changes are needed on national level.

 

ANNEX 1 – Quick reference list of Conventions concerning the CDDECS

 

 

ANNEX 2 – Table 1 Conventions - situation of signatures and ratifications

 

 

European Code of Social Security

(ETS No. 048)

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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.

 

 

European Charter for Regional or Minority Languages

(ETS No. 148)

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Open for signature by the member States of the Council of Europe, in Strasbourg, on 5 November 1992.

Entry into force: 1 March 1998.

Summary of the treaty

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.

 

Framework Convention for the Protection of National Minorities

(ETS No. 157)

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Open for signature by the member States of the Council of Europe, in Strasbourg, on 1 February 1995.

Entry into force: 1 February 1998.

Summary of the treaty

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.

 

 

European Social Charter (revised)

(ETS No. 163)

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Open for signature by the member States of the Council of Europe, in Strasbourg, on 3 May 1996.

Entry into force: 1 July 1999.

Summary of the treaty

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).

 

Council of Europe Convention on Action against Trafficking in Human Beings

(CETS no. 197)

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Open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and the European Union, in Warsaw, on 16 May 2005.

Entry into force: 1 February 2008.

Summary of the treaty

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.

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

(CETS No. 201)

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Open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration, as well as the European Union, in Lanzarote on 25 October 2007.

Entry into force: 1 July 2010

Summary of the treaty

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.

 

 

Council of Europe Convention on preventing and combating violence against women and domestic violence

(CETS No. 210)

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Open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and the European Union, in Istanbul on 11 May 2011.

Entry into force: 1 August 2014.

Summary of the treaty

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.