Ministers’ Deputies
Decisions
CM/Del/Dec(2016)1249 4 March 2016
1249th meeting, 2 and 3 March 2016
Decisions adopted
CONTENTS
Page
List of those present .................................................................................................................. 6
Introduction................................................................................................................................. 9
1. General questions
1.1 Adoption of the agenda............................................................................................................... 9
1.2 Preparation of forthcoming meetings............................................................................................ +
1.3 Dialogue with the Secretary General and the Deputy Secretary General – Staff matters................... 9
1.4 Report of the Bureau................................................................................................................. 10
1.5 Conferences of specialised ministers – State of preparation.......................................................... +
1.6 Exchange of views with Mr John Murray, President of the Advisory Panel of Experts on
Candidates for Election as Judge to the European Court of Human Rights..................................... +
1.7 Exchange of views with Judge Silvia Alejandra Fernández De Gurmendi, President of the
International Criminal Court at the Hague....................................................................................... +
2. Democracy and political questions
2.1 The Council of Europe and the conflict in Georgia......................................................................... +
2.1bis Current political questions............................................................................................................ +
- Statement by the Representative of the Russian Federation
- Statement by the Representative of Ukraine
- Statement by the Representative of the European Union
2.2 Situation in Cyprus....................................................................................................................... +
3. Parliamentary Assembly
3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 700 by Mr Nikolaj Villumsen: “Implementation of the recommendation
of the Secretary General of the Council of Europe concerning Roma inclusion”............................. 10
b. Written Question No. 691 by Ms Liliane Maury Pasquier: “Surgical castration of detained sex offenders in the Czech Republic”........................................................................................................................ 11
c. Written Question No. 689 by Mr Pieter Omtzigt: “Legal proceedings concerning Mr van der Dussen and failures in the Spanish judicial system”........................................................................................ 11
4. Human rights
4.1 Committee on Bioethics (DH-BIO)............................................................................................... 11
a. Abridged report of the 8th meeting (Strasbourg, 1-4 December 2015)
b. Draft Recommendation CM/Rec(2016)… of the Committee of Ministers to member States on research on biological materials of human origin and its Explanatory Memorandum
4.2 Framework Convention for the Protection of National Minorities................................................... 11
a. Draft Resolution CM/ResCMN(2016)… on the implementation of the Framework Convention
for the Protection of National Minorities by the Slovak Republic
b. Draft Resolution CM/ResCMN(2016)… on the implementation of the Framework Convention
for the Protection of National Minorities by Spain
Page
4.3 Steering Committee for Human Rights (CDDH) ‒
Draft Recommendation CM/Rec(2016)… of the Committee of Ministers to member States on
human rights and business and its Explanatory Memorandum...................................................... 12
4.4 European Social Charter ‒
Governmental Committee of the European Social Charter and the European Code of Social Security
a. Abridged report concerning Conclusions XX-3 (2014) of the European Social Charter................ 12
b. Abridged report concerning Conclusions 2014 of the European Social Charter (revised)............ 13
4.5 “Implementation of judgments of the European Court of Human Rights” ‒
Parliamentary Assembly Recommendation 2079 (2015)................................................................ 13
4.6 Steering Committee for Human Rights (CDDH) –
Draft Guidelines of the Committee of Ministers to member States on the protection and
promotion of human rights in culturally diverse societies............................................................. 13
6. Social cohesion
6.1 Ad hoc Committee of Experts on Roma Issues (CAHROM) –
Abridged report of the 10th meeting (Bucharest, 27-30 October 2015).......................................... 14
6.2 “Countries of transit: meeting new migration and asylum challenges” ‒
Parliamentary Assembly Recommendation 2078 (2015)................................................................ 14
6.3 “Championing children’s rights in times of austerity” ‒ Congress of Local and Regional Authorities
of the Council of Europe Recommendation 382 (2015)................................................................ 14
6.4 Council of Europe Strategy for the Rights of the Child................................................................ 14
a. Draft Council of Europe Strategy for the Rights of the Child (2016-2021) ‒
Children’s human rights
b. Draft terms of reference of an Ad hoc Committee for the Rights of the Child (CAHENF)
6.5 Implementation of the “Strasbourg Declaration on Roma” –
Draft Thematic Action Plan on the Inclusion of Roma and Travellers (2016-2019)........................... 15
10. Legal questions
10.1 Ad hoc Committee on Data Protection (CAHDATA) ‒ Draft terms of reference.............................. 15
10.2 European Committee on Crime Problems (CDPC)
a. Abridged report of the 69th meeting (Strasbourg, 1-4 December 2015)..................................... 15
b. Draft Guidelines for prison and probation services concerning radicalisation and
violent extremism and its commentary........................................................................................ 15
c. Draft terms of reference for the Committee on Offences relating to Cultural Property (PC-IBC).. 15
d. Draft Action Plan on transnational organised crime.................................................................. 15
e. Model provisions for Council of Europe Criminal law conventions and elements for an
explanatory report..................................................................................................................... 16
Page
APPENDICES
APPENDIX 1 1249th meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 2 (10 a.m.) and 3 (noon) March 2016)
Agenda............................................................................................................. 17
APPENDIX 2 Reply to Written Question No. 691 by Ms Liliane Maury Pasquier on
(Item 3.1b) “Surgical castration of detained sex offenders in the Czech Republic”.................. 21
APPENDIX 3 Reply to Written Question No. 689 by Mr Pieter Omtzigt on “Legal proceedings
(Item 3.1c) concerning Mr van der Dussen and failures in the Spanish judicial system”........... 22
APPENDIX 4 Recommendation CM/Rec(2016)3
(Item 4.3) of the Committee of Ministers to member States on human rights
and business..................................................................................................... 23
APPENDIX 5 Resolution CM/ResChS(2016)1
(Item 4.4a) on the implementation of the European Social Charter during the period 2009-2012 (Conclusions XX-3 (2014), provisions related to the thematic group
“Labour rights”).................................................................................................. 34
APPENDIX 6 Resolution CM/ResChS(2016)2
(Item 4.4b) on the implementation of the European Social Charter during the period 2009-2012 (Conclusions 2014, provisions related to the thematic group “Labour rights”)........ 35
APPENDIX 7 Reply to Parliamentary Assembly Recommendation 2079 (2015) on
(Item 4.5) “Implementation of judgments of the European Court of Human Rights”............... 36
APPENDIX 8 Steering Committee for Human Rights (CDDH) ‒
(Item 4.6) Guidelines of the Committee of Ministers to member States on the promotion and protection of human rights in culturally diverse societies...................................................... 37
APPENDIX 9 Reply to Congress Recommendation 382 (2015) on
(Item 6.3) “Championing children’s rights in times of austerity”............................................ 48
APPENDIX 10 Guidelines for prison and probation services regarding radicalisation and
(Item 10.2b) violent extremism.............................................................................................. 49
The 1249th meeting of the Ministers’ Deputies opened on 2 March 2016 at 10.00 a.m. and continued on 3March 2016 at noon under the chairmanship of Ms K. Todorova, Deputy for the Minister for Foreign Affairs of Bulgaria.
PRESENT
ALBANIA
Ms A. Hobdari
Ms A. Kasa
Mr E. Begalla
ANDORRA
Ms M.E. Rabasa Grau
Mr J. Forner Rovira
ARMENIA
Mr A. Papikyan
Mr A. Khachatryan
Mr V. Barseghyan
AUSTRIA
Mr R. Lennkh
Ms E. Bernhard
Mr M. Reichard
AZERBAIJAN
Mr U. Machanov
BELGIUM
Mr D. Van Eeckhout
Mr M. Creffier
BOSNIA AND HERZEGOVINA
Mr P. Grgić
Ms S. Radjo
Mr S. Kragulj
BULGARIA
Ms K. Todorova, Chair
Mr E. Valev
Ms D. Stambolova-Ivanova
Mr A. Manov
Ms J. Parparova
Ms K. Nikolova
CROATIA
Mr M. Papa
Ms B. Babić
Ms A. Vrkljan Sučić
CYPRUS
Mr M. Karagiorgis
Ms M. Savvidou
Ms I. Demosthenous
CZECH REPUBLIC
Mr J. Šlais
Mr M. Bouček, Ministry of Foreign Affairs
DENMARK
Mr A. de Fine Skibsted
Mr T. Sand Kirk
ESTONIA
Ms K. Kivi, Vice-Chairperson
Ms K. Juhasoo-Lawrence
Mr M. Tiigimäe
FINLAND
Ms S. Mattila-Budich
Ms V.R. Laukkanen
FRANCE
Ms J. Caballero
Mr J.-C. Bou
Ms C. Bobko
Ms V. Lübken
GEORGIA
Mr K. Korkelia
Ms I. Kubetsia
Mr M. Sulaberidze
GERMANY
Mr G. Küntzle
Mr A. Huber
Ms V. Wolf
GREECE
Mr S. Perrakis
Mr V. Vikas
Mr T. Zafeirakos
HUNGARY
Ms K. Jensen-Magyar
Ms A. Tóth-Ferenci
ICELAND
Ms B. Ásgeirsdóttir
IRELAND
Mr P. Gunning
Mr F. Power
Mr M. Switzer
Ms S. Kennefick
ITALY
Ms G. Piccarreta
LATVIA
Mr R. Lappuķe
Mr M. Klīve
Mr E. Rubīns
LIECHTENSTEIN
Mr D. Ospelt
LITHUANIA
Ms L. Jurevičienė
Ms D. Mardosaitė-Vaišnorienė
Mr A. Tumėnas
LUXEMBOURG
Ms M. Eisenbarth
Ms A. Kayser-Attuil
Ms R. Spoto
MALTA
Mr J. Filletti
Ms T. Carabott
REPUBLIC OF MOLDOVA
Ms C. Călugăru
Mr M. Cebotari
Ms C. Burian
Ms I. Botnari
MONACO
Mr R. Mortier
MONTENEGRO
Ms B. Krunić
Mr P. Karanikić
Ms A. Radusinović
NETHERLANDS
Mr O. Elderenbosch
Mr H. De Witt
NORWAY
Ms A. Helle
Mr Å. Eriksen
Mr Y.O. Hvoslef
POLAND
Mr A. Stepkowski, Deputy Minister of
Foreign Affairs
Ms R. Kowalska
Ms I. Marczyk-Stępniewska
Ms M. Kaczmarska
PORTUGAL
Ms M. Caldas Faria
ROMANIA
Ms A.-L. Rusu
Mr L. Bleoca
Ms I. Rustem
Ms I.M. Dumitriu
RUSSIAN FEDERATION
Mr I. Soltanovsky
Mr V. Egorov
Ms M. Molodtsova
Mr S. Savushkin
Mr E. Ryzhkin
Mr A. Vlasov
Mr A. Tarasov
Ms O. Agrinenko
Ms M. Astakhova
SAN MARINO
Mr G. Bellatti Ceccoli
Ms M. Bovi
SERBIA
Mr Z. Popović
Mr I. Vučinić
Mr D. Ninkov
SLOVAK REPUBLIC
Mr D. Štefánek
Ms M. Hanusová
Mr T. Grünwald
SLOVENIA
Ms M. Štrumelj Piškur
Mr H. Hartman
SPAIN
Mr L.J. Gil Catalina
Mr F. Torres Muro
Mr L. Tarin Martin
SWEDEN
Mr T. Haak
SWITZERLAND
Mr M. Börlin
Mr U. Beer
Mr C. Tutumlu
“THE FORMER YUGOSLAV
REPUBLIC OF MACEDONIA”
Mr P. Pop-Arsov
Mr T. Pavloski
TURKEY
Mr E. Işcan
Mr M.M. Ülkü
Mr C. Öztas
Ms S. Birand Cınar
Ms M. Yilmaz Öskiper
Mr M.T. Çiçek
Ms M.U. Gültekin
Mr M.Z. Uzun
Mr A. Vural
Mr Y. Şimşek
Mr E. Özalp
UKRAINE
Mr M. Kononenko
Mr O. Kulikovskyi
Ms O. Popescu
Ms T. Hrytsak
Mr D. Nebrat
UNITED KINGDOM
Mr C. Yvon
Ms L. Dauban
Mr M. Gorey
*
* *
EUROPEAN UNION
Mr J. Vilén
Mr B. Bollendorff
*
* *
CANADA
-
HOLY SEE
Mgr J.B. Itaruma
JAPAN
Mr S. Shimizu
Mr K. Wada
Mr S. Kitagawa
Ms W. Fujita
MEXICO
Mr S. Oñate Laborde
Mr A. Martinez Peralta
UNITED STATES OF AMERICA
-
Introduction
At the start of the meeting, the Chair bade farewell to Ambassador Peter Gunning, Permanent Representative of Ireland, and thanked him for his contribution to the work of the Committee. She also welcomed Ambassador Christopher Yvon, Permanent Representative of the United Kingdom, and wished him a pleasant stay in Strasbourg and a successful mission within the Committee.
Item 1.1
Adoption of the agenda
Decisions
The Deputies
1. agreed to add the following sub-items to the agenda of their present meeting:
|
2.1bis |
Current political questions - Statement by the Representative of the Russian Federation - Statement by the Representative of Ukraine - Statement by the Representative of the European Union |
2. taking into account the decision above, adopted the agenda of their 1249th meeting, as it appears at Appendix 1 to the present volume of Decisions.
Dialogue with the Secretary General and the Deputy Secretary General – Staff matters
SG/Com(2016)1249, SG/Inf(2016)8
Decisions
The Deputies
1. took note of the intention to appoint Ms Maria Tsirli and Mr Abel Chaves de Campos on two posts of Section Registrar (Grade A6) in the Registry of the European Court of Human Rights, in accordance with Article 61bis of the Staff Regulations and with Article 25.5b of the Regulations on Appointments (Appendix II to the Staff Regulations), with effect from 16 March 2016;
2. took note of the communication of the Secretary General and the Deputy Secretary General (SG/Com(2016)1249) and the exchange of views under this item.
Item 1.4
Report of the Bureau
CM/Bur/Del(2016)1249
Decisions
The Deputies
1. approved the Bureau’s recommendations with regard to the agendas of their 1251st
(15-16 March 2016) and 1252nd (30 March 2016) meetings, as they appear in the appendix to the Bureau report;
2. agreed to invite to their thematic debate on “Rising extremism, radicalisation and xenophobia in the fight against terrorism: Building inclusive societies as a cure/The need for collective action” (1251st meeting, 15 March 2016): Ms Saliha Ben Ali, founder of the “S.A.V.E Belgium” association (Society Against Violent Extremism) and a representative from the European Network Against Racism (ENAR);
3. approved the Bureau’s recommendation as regards use of the Committee of Ministers’ Foyer, as set out in item 3 of the Bureau report;
4. took note of the report of the meeting of the Bureau of 29 February 2016 (document CM/Bur/Del(2016)1249) as a whole.
Item 3.1a
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 700 by Mr Nikolaj Villumsen: “Implementation of the recommendation of the Secretary General of the Council of Europe concerning Roma inclusion”
Decisions
The Deputies
1. instructed the Secretariat to prepare a draft reply to the above mentioned written question;
2. agreed to resume consideration of this question at one of their forthcoming meetings.
Item 3.1b
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
b. Written Question No. 691 by Ms Liliane Maury Pasquier: “Surgical castration of detained sex offenders in the Czech Republic”
CM/Del/Dec(2015)1234/3.1d, CM/AS(2016)Quest691-prov
Decision
The Deputies adopted the reply to the above mentioned written question, as it appears at Appendix 2 to the present volume of Decisions.[1]
Item 3.1c
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
c. Written Question No. 689 by Mr Pieter Omtzigt: “Legal proceedings concerning Mr van der Dussen and failures in the Spanish judicial system”
CM/Del/Dec(2015)1232/3.2c, CM/AS(2016)Quest689-prov
Decision
The Deputies adopted the reply to the above mentioned written question, as it appears at Appendix 3 to the present volume of Decisions.[2]
Item 4.1
Committee on Bioethics (DH-BIO)
a. Abridged report of the 8th meeting (Strasbourg, 1-4 December 2015)
b. Draft Recommendation CM/Rec(2016)… of the Committee of Ministers to member States on research on biological materials of human origin and its Explanatory Memorandum
This item was postponed.
Item 4.2
Framework Convention for the Protection of National Minorities
a. Draft Resolution CM/ResCMN(2016)… on the implementation of the Framework Convention for the Protection of National Minorities by the Slovak Republic
b. Draft Resolution CM/ResCMN(2016)… on the implementation of the Framework Convention for the Protection of National Minorities by Spain
This item was postponed.
Item 4.3
Steering Committee for Human Rights (CDDH) ‒
Draft Recommendation CM/Rec(2016)… of the Committee of Ministers to member States on human rights and business and its Explanatory Memorandum
CM(2016)18-rev, CM(2016)18-add
Decision
The Deputies adopted Recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human rights and business, as it appears at Appendix 4 to the present volume of Decisions, and took note of the Explanatory Memorandum thereto (document CM(2016)18-addfinal).
Item 4.4a
European Social Charter –
Governmental Committee of the European Social Charter and the European Code of Social Security
a. Abridged report concerning Conclusions XX-3 (2014) of the European Social Charter
CM(2016)12
Decision
In accordance with Article 29 of the European Social Charter and the decision adopted by the Committee of Ministers at the 541st meeting of the Ministers’ Deputies (June 1995, item 4.6), the Deputies, in their composition restricted to the representatives of the Contracting Parties to the European Social Charter or to the Revised Charter in the Committee of Ministers,[3] on the basis of the abridged report of the Governmental Committee of the European Social Charter and the European Code of Social Security concerning Conclusions XX-3 (2014) of the European Social Charter (CM(2016)12), adopted Resolution CM/ResChS(2016)1 on the implementation of the European Social Charter during the period 2009-2012 (Conclusions XX-3 (2014), provisions related to the thematic group “Labour rights”), as it appears at Appendix 5 to the present volume of Decisions, in the light of comments made by delegations.
Item 4.4b
European Social Charter –
Governmental Committee of the European Social Charter and the European Code of Social Security
b. Abridged report concerning Conclusions 2014 of the European Social Charter (revised)
CM(2016)13
Decision
In accordance with Article 29 of the European Social Charter and the decision adopted by the Committee of Ministers at the 541st meeting of the Ministers’ Deputies (June 1995, item 4.6), the Deputies, in their composition restricted to the representatives of the Contracting Parties to the European Social Charter or to the Revised Charter in the Committee of Ministers,[4] on the basis of the abridged report of the Governmental Committee of the European Social Charter and the European Code of Social Security concerning Conclusions 2014 of the European Social Charter (revised) (CM(2016)13), adopted Resolution CM/ResChS(2016)2 on the implementation of the European Social Charter during the period 2009-2012 (Conclusions 2014, provisions related to the thematic group “Labour rights”), as it appears at Appendix 6 to the present volume of Decisions, in the light of comments made by delegations.
Item 4.5
“Implementation of judgments of the European Court of Human Rights” –
Parliamentary Assembly Recommendation 2079 (2015)
Parliamentary Assembly REC_2079(2015), CM/AS(2016)Rec2079-prov
Decision
The Deputies adopted the reply to Parliamentary Assembly Recommendation 2079 (2015) on “Implementation of judgments of the European Court of Human Rights”, as it appears at Appendix 7 to the present volume of Decisions.[5]
Item 4.6
Steering Committee for Human Rights (CDDH) ‒
Draft Guidelines of the Committee of Ministers to member States on the promotion and protection of human rights in culturally diverse societies
CM(2015)176-add2rev4
Decision
The Deputies adopted the Guidelines of the Committee of Ministers to member States on the protection and promotion of human rights in culturally diverse societies, as they appear at Appendix 8 to the present volume of Decisions, and agreed to examine the follow-up given to them by member States in five years.
Item 6.1
Ad hoc Committee of Experts on Roma[6] Issues (CAHROM) ‒
Abridged report of the 10th meeting (Bucharest, 27-30 October 2015)
CM(2016)21
Decision
The Deputies took note of the abridged report of the 10th meeting of the CAHROM, as it appears in document CM(2016)21.
Item 6.2
“Countries of transit: meeting new migration and asylum challenges” ‒
Parliamentary Assembly Recommendation 2078 (2015)
This item was postponed.
Item 6.3
“Championing children’s rights in times of austerity” –
Congress Recommendation 382 (2015)
Congress REC_382(2015), CM/Cong(2016)Rec382-prov
Decision
The Deputies adopted the reply to Congress Recommendation 382 (2015) on “Championing children’s rights in times of austerity”, as it appears at Appendix 9 to the present volume of Decisions.[7]
Item 6.4
Council of Europe Strategy for the Rights of the Child
a. Draft Council of Europe Strategy for the Rights of the Child (2016-2021) ‒
Children’s human rights
b. Draft terms of reference of an Ad hoc Committee for the Rights of the Child (CAHENF)
CM(2015)175-rev2, CM(2015)171-rev
Decisions
The Deputies
1. approved the Council of Europe Strategy for the Rights of the Child (2016-2021), as it appears in document CM(2015)175-final;
2. adopted the terms of reference of the Ad hoc Committee for the Rights of the Child (CAHENF), as they appear in document CM(2015)171-final.
Item 6.5
Implementation of the “Strasbourg Declaration on Roma” ‒
Draft Thematic Action Plan on the Inclusion of Roma and Travellers (2016-2019)
SG/Inf(2015)38-rev2
Decision
The Deputies approved the Thematic Action Plan on the Inclusion of Roma and Travellers (2016-2019), as it appears in document SG/Inf(2015)38-final.
Item 10.1
Ad hoc Committee on Data Protection (CAHDATA) ‒ Draft terms of reference
This item was postponed.
Item 10.2abcd
European Committee on Crime Problems (CDPC)
a. Abridged report of the 69th meeting (Strasbourg, 1-4 December 2015)
b. Draft Guidelines for prison and probation services regarding radicalisation and violent extremism and its commentary
c. Draft terms of reference for the Committee on Offences relating to Cultural Property (PC-IBC)
d. Draft Action Plan (2016-2020) on transnational organised crime
CM(2016)2, CM(2016)2-add1, CM(2016)31
Decisions
The Deputies
1. adopted the Guidelines for prison and probation services regarding radicalisation and violent extremism, as they appear at Appendix 10 to the present volume of Decisions;
2. adopted the terms of reference of the Committee on Offences relating to Cultural Property (PC-IBC), as they appear in document CM(2016)31;
3. adopted the Action Plan (2016-2020) on transnational organised crime, as it appears in document
CM(2016)2-add1final;
4. in the light of decisions 1 to 3 above, took note of the abridged report of the 69th meeting of the CDPC, as it appears in document CM(2016)2, as a whole.
Item 10.2e
European Committee on Crime Problems (CDPC)
e. Model provisions for Council of Europe Criminal law conventions and elements for an explanatory report
This sub-item was postponed.
Appendix 1
(Item 1.1)
1249 meeting of the Ministers’ Deputies
(Strasbourg, 2 (10 a.m.) and 3 (12 noon) March 2016)
Agenda
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Preparation of forthcoming meetings |
|
|
1.3 |
Dialogue with the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau |
|
|
1.5 |
Conferences of specialised ministers – State of preparation |
|
|
1.6 |
Exchange of views with Mr John Murray, President of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights |
|
|
1.7 |
Exchange of views with Judge Silvia Alejandra Fernández De Gurmendi, President of the International Criminal Court at the Hague |
|
|
2. |
Democracy and political questions |
|
|
2.1 |
The Council of Europe and the conflict in Georgia |
|
|
CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-final, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, REC_1846(2008) de l’Assemblée parlementaire, CM/AS(2009)Rec1846-final, REC_1857(2009) de l’Assemblée parlementaire, CM/AS(2009)Rec1857-final, CM(2009)164, REC_1869(2009) de l’Assemblée parlementaire et CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5, SG/Inf(2012)28-rev, SG/Inf(2013)13, SG/Inf(2013)38, DD(2014)490, SG/Inf(2014)17, SG/Inf(2014)41, SG/Inf(2015)18, SG/Inf(2015)41 |
||
|
2.1bis |
Current political questions - Statement by the Representative of the Russian Federation - Statement by the Representative of Ukraine |
|
|
2.2 |
Situation in Cyprus |
|
|
3. |
Parliamentary Assembly |
||
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers |
||
|
a. Written Question No. 700 by Mr Nikolaj Villumsen: “Implementation of the recommendation of the Secretary General of the Council of Europe concerning Roma inclusion” |
|||
|
CM/Notes/1249/3.1a of 23.2.2016 |
|||
|
b. Written Question No. 691 by Ms Liliane Maury Pasquier: “Surgical castration of detained sex offenders in the Czech Republic” |
|||
|
CM/Del/Dec(2015)1234/3.1d, CM/AS(2016)Quest691-prov |
|||
|
c. Written Question No. 689 by Mr Pieter Omtzigt: “Legal proceedings concerning Mr van der Dussen and failures in the Spanish judicial system” |
|||
|
CM/Del/Dec(2015)1232/3.2c, CM/AS(2016)Quest689-prov |
|||
|
4. |
Human rights |
||
|
4.1 |
Committee on Bioethics (DH-BIO) |
||
|
a. Abridged report of the 8th meeting (Strasbourg, 1-4 December 2015) |
|||
|
b. Draft Recommendation CM/Rec(2016)… of the Committee of Ministers to member States on research on biological materials of human origin and its Explanatory Memorandum |
|||
|
|||
|
4.2 |
Framework Convention for the Protection of National Minorities |
||
|
a. Draft Resolution CM/ResCMN(2016)… on the implementation of the Framework Convention for the Protection of National Minorities by the Slovak Republic |
|||
|
b. Draft Resolution CM/ResCMN(2016)… on the implementation of the Framework Convention for the Protection of National Minorities by Spain |
|||
|
CM(2016)22 of 10.2.2016 |
|||
|
|||
|
4.3 |
Steering Committee for Human Rights (CDDH) ‒ |
||
|
CM(2016)18-rev, CM(2016)18-add |
|||
|
4.4 |
European Social Charter ‒ |
||
|
a. Abridged report concerning Conclusions XX-3 (2014) of the European Social Charter |
|||
|
b. Abridged report concerning Conclusions 2014 of the European Social Charter (revised) |
|||
|
CM/Notes/1249/4.4 of 26.2.2016 |
|||
|
4.5 |
“Implementation of judgments of the European Court of Human Rights” ‒ |
||
|
Parliamentary Assembly REC_2079 (2015), CM/AS(2016)Rec2079-prov |
|||
|
4.6 |
Steering Committee for Human Rights (CDDH) – |
||
|
CM/Del/Dec(2016)1247/4.3, CM(2015)176-add2rev4 |
|||
|
6. |
Social cohesion |
||
|
6.1 |
Ad hoc Committee of Experts on Roma Issues (CAHROM) – |
||
|
CM(2016)21 |
|||
|
6.2 |
“Countries of transit: meeting new migration and asylum challenges” ‒ |
||
|
|||
|
6.3 |
“Championing children’s rights in times of austerity” ‒ |
||
|
Congress REC_382 (2015), CM/Cong(2016)Rec382-prov |
|||
|
6.4 |
Council of Europe Strategy for the Rights of the Child |
||
|
a. Draft Council of Europe Strategy for the Rights of the Child (2016-2021) ‒ |
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b. Draft terms of reference of an Ad hoc Committee for the Rights of the Child (CAHENF) |
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CM/Del/Dec(2016)1247/1.1 |
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6.5 |
Implementation of the “Strasbourg Declaration on Roma” – |
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SG/Inf(2015)38-rev2 |
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10. |
Legal questions |
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|
10.1 |
Ad hoc Committee on Data Protection (CAHDATA) ‒ Draft terms of reference |
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GR-J(2016)CB1, GR-J(2016)2-rev, GR-J(2016)CB2, DD(2016)142, GR-J(2016)3-rev |
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10.2 |
European Committee on Crime Problems (CDPC) |
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a. Abridged report of the 69th meeting (Strasbourg, 1-4 December 2015) |
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b. Draft Guidelines for prison and probation services concerning radicalisation and violent extremism and its commentary |
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c. Draft terms of reference for the Committee on Offences relating to Cultural Property (PC-IBC) |
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d. Draft Action Plan on transnational organised crime |
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CM/Notes/1249/10.2 of 1.3.2016 |
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e. Model provisions for Council of Europe Criminal law conventions and elements for an explanatory report |
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(Sub-item postponed) |
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13. |
Any other business |
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Appendix 2
(Item 3.1b)
Reply to Written Question No. 691 by Ms Liliane Maury Pasquier on
“Surgical castration of detained sex offenders in the Czech Republic”
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
1. During the examination of the question raised by the Honourable Parlamentarian, the delegation of the Czech Republic informed the Committee of Ministers on recent developments that had taken place in that country in this field, also in the light of the recommendations of the CPT and case law of the European Court of Human Rights. Particular attention has been given to the question of strengthening legal safeguards for its application and to the issue of consent to surgical castration being truly free and informed.
2. Regarding the question dealt with in the CPT and Parliamentary Assembly recommendations, whether patients who are confined to a psychiatric hospital by a court order are capable of making a free decision about their treatment, the Committee of Ministers wishes to draw the attention of the Honourable Parliamentarian to the judgment of the European Court of Human Rights in Dvořáček v. Czech Republic of 6 November 2014. In the judgment, the Court acknowledged that the applicant had faced a difficult choice between taking anti-androgen drugs with the prospect of earlier release from hospital, and being treated by psychotherapy and sociotherapy with the prospect of longer confinement. However, it noted that anti-androgen treatment had been a therapeutic necessity and that the applicant had not been pressured into undergoing it. Therefore, the Court found that there had been no violation of Article 3. Moreover, the Court noted that surgical castration was strictly regulated by the law and was subject to a patient's free and informed consent.
Appendix 3
(Item 3.1c)
Reply to Written Question No. 689 by Mr Pieter Omtzigt on “Legal proceedings concerning Mr van der Dussen and failures in the Spanish judicial system”
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
1. The Committee of Ministers is pleased to be able to inform the Honourable Parliamentarian that following a re-opening of the case of Mr Van der Dussen on the basis of new elements, part of the original judgment against him, i.e. the part concerning one of the convictions for sexual assault, has been set aside. However, the parts of the judgment concerning other convictions including for sexual assault, were upheld.
2. The Committee of Ministers notes that the proceedings, which led to the release of the Mr Van der Dussen, began with a decision by the Criminal Chamber of the Supreme Court of 12 November 2015, authorising the lodging of an application for review of the judgment delivered by the Second Section of the Malaga Provincial Court on 25 May 2005. On 22 December 2015, the public prosecution service stated that it agreed to a review of the judgment. According to the information the Committee of Ministers has received from the Spanish authorities, the review of a final judgment is an exceptional measure which is only authorised if new and irrefutable evidence concerning the applicant’s innocence has been produced. In the present case, such evidence was produced in the form of DNA results and the confession of a British citizen arrested in 2007 and currently in prison.
3. The Spanish authorities have recently informed the Committee of Ministers that Mr Van der Dussen has been released after having served the part of the sentence concerning the charges relating to the other convictions. They have also informed the Committee that Section V of the Spanish Courts Act governs State liability and compensation for matters concerning the functioning of the justice system.
Appendix 4
(Item 4.3)
Recommendation CM/Rec(2016)3
of the Committee of Ministers to member States
on human rights and business
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
The Committee of Ministers,
Considering that the aim of the Council of Europe is to achieve a greater unity among its member States, inter alia by promoting common standards and carrying out activities in the field of human rights;
Believing in economic and social progress as a means to promote the aims of the Council of Europe;
Recalling member States’ obligation to secure to everyone within their jurisdiction the rights and freedoms defined in the European Convention on Human Rights (ETS No. 5) and the protocols thereto, including providing an effective remedy before a national authority for violation of those rights and freedoms, and where relevant their obligations arising from the European Social Charter (ETS No. 35), the European Social Charter (revised) (ETS No. 163) and from other European and international human rights instruments;
Reaffirming that all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated;
Recognising that business enterprises have a responsibility to respect human rights;
Considering the United Nations (UN) “Protect, Respect and Remedy” Framework, welcomed by the UN Human Rights Council on 18 June 2008, and the UN “Guiding Principles on Business and Human Rights: Implementing the UN ‘Protect, Respect, and Remedy’ Framework”, endorsed by the UN Human Rights Council on 16 June 2011 (“the UN Guiding Principles on Business and Human Rights”);
Considering the UN Committee on the Rights of the Child’s General Comment No. 16 on State obligations regarding the impact of the business sector on children’s rights addressed in 2013 to all States that have ratified the UN Convention on the Rights of the Child;
Recalling its Declaration on the UN Guiding Principles on Business and Human Rights of 16 April 2014 and, in particular, that their effective implementation, by both States and business enterprises, is essential to ensure respect for human rights in the business context;
Stressing, through this recommendation, its commitment to contribute to the effective implementation of the UN Guiding Principles on Business and Human Rights at the European level,
Recommends that the governments of the member States:
1. review their national legislation and practice to ensure that they comply with the recommendations, principles and further guidance set out in the appendix, and evaluate the effectiveness of the measures taken at regular intervals;
2. ensure, by appropriate means and action, a wide dissemination of this recommendation among competent authorities and stakeholders, with a view to raising awareness of the corporate responsibility to respect human rights and contribute to their realisation;
3. share examples of good practices related to the implementation of this recommendation with a view to their inclusion in a shared information system, to be established and maintained by the Council of Europe, and which is to be accessible to the public, including through reference to existing information systems;
4. share plans on the national implementation of the UN Guiding Principles on Business and Human Rights (“National Action Plans”), including revised National Action Plans and best practice concerning the development and review of National Action Plans in a shared information system, to be established and maintained by the Council of Europe, which is to be accessible to the public, including through reference to existing information systems;
5. examine, within the Committee of Ministers, the implementation of this recommendation no later than five years after its adoption, with the participation of relevant stakeholders.
Appendix to Recommendation CM/Rec(2016)3
I. Implementation of the UN Guiding Principles on Business and Human Rights
a. General measures
1. Member States should effectively implement the UN Guiding Principles on Business and Human Rights as the current globally agreed baseline in the field of business and human rights, which rests on three pillars:
• States’ existing obligation to respect, protect and fulfil human rights and fundamental freedoms (“the State duty to protect human rights”);
• the role of business enterprises as specialised organs of society performing specialised functions, required to comply with all applicable laws and to respect human rights (“the corporate responsibility to respect human rights”);
• the need for rights and obligations to be matched to appropriate and effective remedies when breached (“access to remedy”).
2. They should implement the UN Guiding Principles on Business and Human Rights and this recommendation in a non-discriminatory manner with due regard to gender-related risks.
3. In their implementation of the UN Guiding Principles on Business and Human Rights, member States should take into account the full spectrum of international human rights standards and ensure consistency and coherence at all levels of government. Member States which have not expressed their consent to be bound by a convention referred to in this recommendation should consider doing so.
4. Member States should give due consideration to statements, general comments, recommendations and thematic commentaries, provided by the competent monitoring bodies, relating to the human rights provisions of relevant international and regional conventions.
5. In addition to their own implementation of the UN Guiding Principles on Business and Human Rights, member States should set out clearly the expectation that all business enterprises which are domiciled or operate within their jurisdiction should likewise implement these principles throughout their operations.
6. Where necessary, member States should foster the translation and dissemination of the UN Guiding Principles, particularly in specific sectors or with regard to certain types of business enterprises where awareness is not yet sufficiently advanced, or in relation to which the risk of human rights abuses is high.
7. Member States should encourage third countries to implement the UN Guiding Principles on Business and Human Rights and other relevant international standards. They should also consider developing partnerships with or offering other forms of support to countries seeking to implement those standards.
8. Member States should offer advice and support to third countries wishing to strengthen, in line with the UN Guiding Principles on Business and Human Rights, their own judicial and non-judicial grievance mechanisms and to reduce barriers to remedies against business-related human rights abuses within their jurisdiction.
9. Member States should support the work of the UN, including the UN Working Group on Business and Human Rights, to promote the effective and comprehensive dissemination and implementation of the UN Guiding Principles on Business and Human Rights.
b. National Action Plans
10. If they have not yet done so, member States should develop and adopt plans on the national implementation of the UN Guiding Principles on Business and Human Rights (“National Action Plans”) which address all three pillars of those principles and this recommendation. They should ensure their publication and wide distribution.
11. In the process of developing such National Action Plans, member States should refer to the available guidance, including that provided by the UN Working Group on Business and Human Rights and seek the expertise and involvement of all stakeholders, including business organisations and enterprises, national human rights institutions, trade unions and non-governmental organisations.
12. With the participation of all stakeholders, member States should continuously monitor the implementation of their National Action Plans and, periodically evaluate and update them. Bearing in mind that a suitable model may vary from State to State, member States should share their best practices concerning the development and review of National Action Plans with each other, with third countries and relevant stakeholders.
II. The State duty to protect human rights
13. Member States should:
• apply such measures as may be necessary to require business enterprises operating within their territorial jurisdiction to respect human rights;
• apply such measures as may be necessary to require, as appropriate, business enterprises domiciled in their jurisdiction to respect human rights throughout their operations abroad;
• encourage and support these business enterprises by other means so that they respect human rights throughout their operations.
14. Member States should ensure that everyone within their jurisdiction may easily have access to information about existing human rights in the context of corporate responsibility in a language which they can understand.
15. Within their jurisdiction, member States have a duty to protect individuals against human rights abuses by third parties, including business enterprises. This includes their positive and procedural obligations under the European Convention on Human Rights, as applied and interpreted by the European Court of Human Rights. Such obligations consist of requirements to prevent human rights violations where the competent authorities had known or ought to have known of a real risk of such violations, to undertake an independent and impartial, adequate and prompt official investigation where such violations are alleged to have occurred; to undertake an effective prosecution, and to take all appropriate measures to establish accessible and effective mechanisms which require that the victims of such violations receive prompt and adequate reparation for any harm suffered.
16. The European Social Charter, the European Social Charter (revised) and the Additional Protocol to the European Social Charter Providing for a System of Collective Complaints (ETS No. 158) are other key instruments that afford protection against business-related human rights abuses, in particular with regard to the rights of workers. Member States which have ratified these instruments accept as the aim of their policy, to be pursued by all appropriate means both national and international in character, the attainment of conditions in which all the rights and principles set out in Part I of the European Social Charter (revised) may be effectively realised, and should consider increasing the number of accepted provisions.
17. In line with their international obligations, member States should ensure that their laws relating to employment are effectively implemented and require business enterprises not to discriminate against workers on any grounds, as reflected in Article 14 of the European Convention on Human Rights and interpreted by the European Court of Human Rights in its case law.
18. Member States should ensure that their legislation creates conditions that are conducive to the respect for human rights by business enterprises and do not create barriers to effective accountability and remedy for business-related human rights abuses. They should evaluate new relevant legislation with regard to any impact on human rights.
19. Member States should pay particular attention to the rights and needs of, as well as the challenges faced by, individuals, groups or populations that may be at heightened risk of becoming vulnerable or marginalised.
III. State action to enable corporate responsibility to respect human rights
20. Member States should apply such measures as may be necessary to encourage or, where appropriate, require that:
• business enterprises domiciled within their jurisdiction apply human rights due diligence throughout their operations;
• business enterprises conducting substantial activities within their jurisdiction carry out human rights due diligence in respect of such activities;
including project-specific human rights impact assessments, as appropriate to the size of the business enterprise and the nature and context of the operation.
21. Member States should encourage and, where appropriate, require business enterprises referred to in paragraph 20 to display greater transparency in order to enable them better to “know and show” their corporate responsibility to respect human rights. Member States should also encourage and, where appropriate, require such businesses to provide regularly, or as needed, information on their efforts on corporate responsibility to respect human rights.
22. Member States should apply additional measures to require business enterprises to respect human rights, including, where appropriate, by carrying out human rights due diligence, that may be integrated into existing due diligence procedures, when member States:
• own or control business enterprises;
• grant substantial support and deliver services through agencies, such as export credit agencies and official investment insurance or guarantee agencies, to business enterprises;
• grant export licenses to business enterprises;
• conduct commercial transactions with business enterprises, including through the conclusion of public procurement contracts;
• privatise the delivery of services that may impact upon the enjoyment of human rights.
Member States should evaluate the measures taken and respond to any deficiencies, as necessary. They should provide for adequate consequences if such respect for human rights is not honoured.
23. When concluding and during the term of trade and investment agreements or other relevant conventions, member States should consider possible human rights impacts of such agreements and take appropriate steps, including through the incorporation of human rights clauses, to mitigate and address identified risks of adverse human rights impacts.
24. In order not to facilitate the administration of capital punishment or torture in third countries by providing goods which could be used to carry out such acts, member States should ensure that business enterprises domiciled within their jurisdiction do not trade in goods which have no practical use other than for the purpose of capital punishment, torture, or other cruel, inhuman or degrading treatment or punishment.
25. Member States should, when business enterprises referred to in paragraph 20 are represented in a trade mission to member States and third countries, address and discuss possible adverse effects future operations might have on the human rights situation in those countries and require participating companies to respect the UN Guiding Principles or the Guidelines for Multinational Enterprises of the Organisation for Economic Co-operation and Development (OECD).
26. Member States should advise, for example, through their competent ministries or diplomatic or consular missions, business enterprises which intend to operate or are operating in a third country on human rights issues, including challenges faced by individuals from groups or populations that may be at a heightened risk of becoming vulnerable or marginalised, and with due regard to gender-related risks.
27. Member States should be in a position to inform business enterprises referred to in paragraph 20 on the potential human rights consequences of carrying out operations in conflict-affected areas, and in other sectors or areas that involve a high risk of a negative impact on human rights, and provide assistance to these business enterprises, in line with relevant international instruments, such as the OECD Risk Awareness Tool for Multinational Enterprises in Weak Governance Zones or the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. Member States should facilitate business enterprises’ adherence to sector-specific standards, such as the Voluntary Principles on Security and Human Rights and the International Code of Conduct for Private Security Providers. Member States should consider performing a sector-risk analysis in order to identify the sectors in which activities are most at risk of having a negative impact on human rights.
28. Where appropriate, member States should promote, support and participate in training and workshops for business enterprises and their local trading partners, including on human rights due diligence in their business activities in third countries. This should be done in co-operation with business organisations and enterprises, national human rights institutions, trade unions and non-governmental organisations.
29. Member States should offer training on business and human rights for government officials whose tasks are relevant to the issue of corporate responsibility, for example diplomatic and consular staff assigned to third countries with a sensitive human rights situation.
30. Member States should adopt effective enforcement measures with respect to human rights and business standards, and ensure that relevant regulatory bodies are engaged to this end.
IV. Access to remedy
a. Access to judicial mechanisms
31. Member States should ensure the effective implementation of their obligations under Articles 6 and 13 of the European Convention on Human Rights and other international and European human rights instruments, to grant to everyone access to a court in the determination of their civil rights, as well as to everyone whose rights have been violated under these instruments, an effective remedy before a national authority, including where such violation arises from business activity.
i. Civil liability for business-related human rights abuses
32. Member States should apply such legislative or other measures as may be necessary to ensure that human rights abuses caused by business enterprises within their jurisdiction give rise to civil liability under their respective laws.
33. Member States which have not expressed their consent to be bound by the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (the “Lugano Convention”) should consider initiating the procedure for accession.
34. Member States should apply such legislative or other measures as may be necessary to ensure that their domestic courts have jurisdiction over civil claims concerning business-related human rights abuses against business enterprises domiciled within their jurisdiction. The doctrine of forum non conveniens should not be applied in these cases.
35. Member States should consider allowing their domestic courts to exercise jurisdiction over civil claims concerning business-related human rights abuses against subsidiaries, wherever they are based, of business enterprises domiciled within their jurisdiction if such claims are closely connected with civil claims against the latter enterprises.
36. Where business enterprises are not domiciled within their jurisdiction, member States should consider allowing their domestic courts to exercise jurisdiction over civil claims concerning business-related human rights abuses against such a business enterprise, if no other effective forum guaranteeing a fair trial is available (forum necessitatis) and there is a sufficiently close connection to the member State concerned.
37. Where a member State owns or controls a business enterprise, or contracts with a business enterprise to provide public services, each member State should apply such legislative and other measures as may be necessary to ensure that civil claims in connection with human rights abuses by such enterprises may be brought before its domestic courts, and that it will refrain from invoking any domestic privileges or immunities in such cases.
38. Member States should apply such legislative and other measures as may be necessary to ensure that civil claims concerning business-related human rights abuses against business enterprises subject to their jurisdiction are not unduly restricted by the application of doctrines such as “the act of State” or “the political question”.
39. Member States should consider adopting measures that allow entities such as foundations, associations, trade unions and other organisations to bring claims on behalf of alleged victims.
40. Member States should apply such legislative or other appropriate measures as may be necessary to ensure that their domestic courts refrain from applying a law that is incompatible with their international obligations, in particular those stemming from the applicable international human rights standards.
41. When alleged victims of business-related human rights abuses bring civil claims related to such abuses against business enterprises, member States should ensure that their legal systems sufficiently guarantee an equality of arms within the meaning of Article 6 of the European Convention on Human Rights. In particular, they should provide in their legal systems for legal aid schemes regarding claims concerning such abuses. Such legal aid should be obtainable in a manner that is practical and effective.
42. Member States should consider possible solutions for the collective determination of similar cases in respect of business-related human rights abuses.
43. Member States should consider revising their civil procedures where the applicable rules impede access to information in the possession of the defendant or a third party if such information is relevant to substantiating victims’ claims of business-related human rights abuses, with due regard for confidentiality considerations.
ii. Criminal or equivalent liability for business-related human rights abuses
44. Member States should consider applying such legislative and other measures as may be necessary to ensure that business enterprises can be held liable under their criminal law or other equivalent law for the commission of:
• crimes under international law caused by business enterprises;
• offences established in accordance with treaties, such as the Criminal Law Convention on Corruption (ETS No. 173), the Convention on Cybercrime (ETS No. 185), the Council of Europe Convention on Action against Human Trafficking (CETS No. 197), the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201), the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210), the UN Convention against Transnational Organised Crime of 15 November 2000, and the UN Convention against Corruption of 31 October 2003, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 25 May 2000;
• other offences constituting serious human rights abuses involving business enterprises.
Such measures should also ensure that business enterprises can be held liable for their participation in the commission of such crimes.
45. Irrespective of whether business enterprises can be held liable under criminal or other equivalent law, member States should consider applying such legislative and other measures as may be necessary to ensure that representatives of business enterprises can be held criminally liable for the commission of crimes under international law, offences established in accordance with international agreements, and other offences that would constitute serious human rights abuses involving business enterprises.
46. Irrespective of whether they are directed against natural or legal persons, investigations must satisfy the effectiveness criteria under the European Convention on Human Rights, namely that they must be adequate, thorough, impartial and independent, prompt, and contain an element of public scrutiny, including the effective participation of victims in the investigation. Member States have a duty to prosecute where warranted by the outcome of an investigation. Given that victims are entitled to request an effective official investigation, any decision not to start an investigation, or to stay an investigation or prosecution, must be sufficiently reasoned.
iii. Administrative remedies
47. Member States should apply such legislative and other measures as may be necessary to ensure that decisions of competent authorities such as those granting support, delivering services or granting export licenses to business enterprises:
a. take into account human rights risks, for example, on the basis of a human rights impact assessment;
b. are disclosed, as appropriate; and
c. are subject to administrative or judicial review.
48. Member States should provide for appropriate measures to address credible allegations of human rights abuses in connection with the business activities that form the basis of the decisions referred to in paragraph 47.
b. Access to non-judicial mechanisms
49. Member States should assist in raising awareness of and in facilitating access to non-judicial grievance mechanisms, and contribute to knowledge sharing of the available non-judicial grievance mechanisms.
50. Member States should provide for State-based non-judicial grievance mechanisms that meet the effectiveness criteria listed in Principle 31 of the UN Guiding Principles on Business and Human Rights and facilitate the implementation of their decisions. They should ensure that non-State based non-judicial grievance mechanisms also meet these effectiveness criteria.
51. Member States should evaluate the adequacy and availability of State-based non-judicial mechanisms, such as labour inspectorates, consumer protection authorities and environmental agencies, national human rights institutions, ombudsperson institutions and national equality bodies, in addition to the remedies they may provide for. This could include extending the mandate of existing State-based non-judicial bodies or creating new ones with the capacity to receive and adjudicate complaints of business-related human rights abuses and afford reparation to the victims.
52. Member States which have not yet done so should take steps to adhere to and/or implement the OECD Guidelines for Multinational Enterprises. They should support the effective implementation of the Tripartite Declaration of principles concerning multinational enterprises and social policy of the International Labour Organization (ILO).
53. Those member States which have implemented the OECD Guidelines should ensure the effectiveness of their National Contact Points (NCPs) established under these guidelines, in particular by making available human and financial resources so that they can carry out their responsibilities; ensuring that the NCPs are visible, accessible, transparent, accountable and impartial; promoting dialogue-based approaches; considering whether to make public the recommendations of NCPs; and ensuring that such recommendations are taken into account by governmental authorities in their decisions on public procurement, export credits or investment guarantees.
54. Member States should encourage business enterprises referred to in paragraph 20 to establish their own grievance mechanisms in line with the effectiveness criteria in Principle 31 of the UN Guiding Principles. Where such mechanisms are put in place, it should be ensured that they are not used to impede the alleged victim’s access to the regular court system or State-based non-judicial mechanisms.
c. General measures
55. In order to improve access to remedies for victims of business-related human rights abuses, member States should fulfil their obligations of judicial co-operation with each other or with third countries, including criminal investigations, mutual legal assistance, exchange of information and data, collection of evidence and the recognition and enforcement of judgments, in a manner consistent with the human rights of all parties involved in the proceedings. To this end, member States are encouraged to intensify their
co-operation, with each other, with third countries and with non-State based, non-judicial grievance mechanisms, beyond their existing obligations. Moreover, member States should undertake more efforts to support each other through technical co-operation and the exchange of experience.
56. Member States should provide for sufficient resources and consider developing special guidance and training for judges, prosecutors, inspectors, arbitrators and mediators to deal with business-related human rights abuses, in particular those which have a transnational component.
57. Alleged victims of business-related human rights abuses within the territorial jurisdiction of member States should have general access to information about the content of the respective human rights and about existing judicial and non-judicial remedies in a language which they can understand.
V. Additional protection of workers
58. Member States should require business enterprises to respect the rights of workers when operating within their territorial jurisdiction and, as appropriate, throughout their operations abroad when domiciled in their jurisdiction.
59. Member States should reinforce efforts to meet their obligations with regard to workers under the UN Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights, the European Social Charter, the European Social Charter (revised) and the fundamental conventions of the International Labour Organization concerning in particular freedom of association, the right to collective bargaining, the prohibition of discrimination, child and forced labour, and all other relevant international instruments, including those relating to the health and safety of workers and people working in the informal economy.
60. Member States should involve social partners in the drafting and implementation of policies on matters which are particularly sensitive with regard to workers’ rights.
VI. Additional protection of children
61. Member States should require that business enterprises respect the rights of children when operating within their territorial jurisdiction and, as appropriate, throughout their operations abroad when domiciled in their jurisdiction.
62. When implementing the UN Convention on the Rights of the Child of 20 November 1989 and its optional protocols, member States should give due consideration to General Comment No. 16 on State obligations regarding the impact of the business sector on children’s rights adopted by the United Nations Committee on the Rights of the Child. Member States should also reinforce efforts to meet their obligations with regard to children under the European Convention on Human Rights, the European Social Charter (revised), the conventions of the International Labour Organization concerning child labour, and other relevant international instruments, and give consideration to the Children’s Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children.
63. Member States should involve all relevant stakeholders in the elaboration and implementation of policies on matters which are particularly sensitive with regard to children’s rights, such as measures provided for by the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
64. Recognising that children often lack access to relevant information and face particular difficulties in exercising their right to be heard, member States should, in particular:
a. encourage or, where appropriate, require that business enterprises specifically consider the rights of the child when carrying out human rights due diligence;
b. implement measures to remove social, economic and juridical barriers so that children can have access to effective judicial and State-based non-judicial mechanisms without discrimination of any kind, in accordance with the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice;
c. specifically consider the rights of children in their National Action Plans.
VII. Additional protection of indigenous peoples
65. Member States should require that business enterprises respect the rights of indigenous peoples, in accordance with international standards, when operating within their territorial jurisdiction and, as appropriate, throughout their operations abroad when domiciled in their jurisdiction.
66. Member States should reinforce efforts to meet their commitments with regard to business and the rights of indigenous peoples under the UN Declaration on the Rights of Indigenous Peoples of 13 September 2007, the ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries of 27 June 1989, and any other international instrument that protects the rights and culture of indigenous peoples.
67. Member States should apply such legislative and other measures as may be necessary to encourage or, where appropriate, require business enterprises domiciled within their jurisdiction to:
a. respect the rights and interests of indigenous peoples; and
b. consult and co-operate in good faith in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilisation or exploitation of mineral, water or other resources.
With regard to business enterprises conducting substantial activities within their jurisdiction, member States should apply such measures in respect of those activities.
68. Member States should pay special attention to the rights of indigenous peoples in their National Action Plans.
VIII. Protection of human rights defenders
69. Member States should ensure that the activities of human rights defenders within their jurisdiction who focus on the adverse effects of business-related activities on human rights are not obstructed, for example through political pressure, harassment, politically motivated or economic compulsion. In particular, the fundamental rights enjoyed by human rights defenders in accordance with Articles 10 and 11 of the European Convention on Human Rights must be protected.
70. Member States should protect and also support, for example through their diplomatic and consular missions, the work of human rights defenders who focus on business-related impacts on human rights in third countries, in accordance with existing international and European standards.
Appendix 5
(Item 4.4a)
Resolution CM/ResChS(2016)1
on the implementation of the European Social Charter during the period 2009-2012
(Conclusions XX-3 (2014), provisions related to the thematic group “Labour rights”)
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
The Committee of Ministers,[8]
Referring to the European Social Charter, in particular to the provisions of Part IV thereof;
Having regard to Article 29 of the Charter;
Considering the reports on the European Social Charter submitted by the Governments of the Czech Republic, Denmark, Germany, Greece, Iceland, Latvia, Luxembourg, Poland, Spain and the United Kingdom;
Having regard to the failure to submit a report in due time by Croatia;
Considering Conclusions XX-3 (2014) of the European Committee of Social Rights appointed under Article 25 of the Charter;
Following the proposal made by the Governmental Committee established under Article 27 of the Charter,
Recommends that governments take account, in an appropriate manner, of all the various observations made in the Conclusions XX-3 (2014) of the European Committee of Social Rights and in the report of the Governmental Committee.
Appendix 6
(Item 4.4b)
Resolution CM/ResChS(2016)2
on the implementation of the European Social Charter during the period 2009-2012
(Conclusions 2014, provisions related to the thematic group “Labour rights”)
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
The Committee of Ministers,[9]
Referring to the European Social Charter, in particular to the provisions of Part IV thereof;
Having regard to Article 29 of the Charter;
Considering the reports on the European Social Charter submitted by the Governments of Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Hungary, Ireland, Italy, Lithuania, Malta, the Republic of Moldova, Montenegro, the Netherlands, Norway, Portugal, Romania, the Russian Federation, Serbia, the Slovak Republic, Slovenia, Sweden, Turkey, Ukraine and “the former Yugoslav Republic of Macedonia”;
Having regard to the failure to submit a report in due time by Albania;
Considering Conclusions 2014 of the European Committee of Social Rights appointed under Article 25 of the Charter;
Following the proposal made by the Governmental Committee established under Article 27 of the Charter,
Recommends that governments take account, in an appropriate manner, of all the various observations made in the Conclusions 2014 of the European Committee of Social Rights and in the report of the Governmental Committee.
Appendix 7
(Item 4.5)
Reply to Parliamentary Assembly Recommendation 2079 (2015) on
“Implementation of judgments of the European Court of Human Rights”
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
1. The Committee of Ministers welcomes Parliamentary Assembly Recommendation 2079 (2015) on “Implementation of judgments of the European Court of Human Rights”, calling on the Committee of Ministers to use all available means to effectively fulfil its task of supervising the implementation of judgments of the Court.[10] The Committee reaffirms that full and prompt execution of Court judgments, in accordance with the obligation set out in Article 46 of the Convention, is essential for the effective functioning of the Convention system and that the supervision of the execution of the Court’s judgments is a task to which the Committee of Ministers attaches great importance.
2. The Committee recalls that at its 125th Ministerial Session held in Brussels on 19 May 2015, it endorsed the Declaration unanimously adopted on the occasion of the High-level Conference on “The implementation of the European Convention on Human Rights, our shared responsibility”, which took place in Brussels on 26 and 27 March 2015. In the light of this Declaration and as part of its follow-up, the Committee invited its Deputies to explore possibilities to further increase the efficiency of the supervision process, including the Human Rights meetings. The Committee wishes to inform the Assembly that this work, which is a priority for the Committee of Ministers, is underway, inter alia, on the basis of contributions regarding both the execution and the supervision process made by the Steering Committee for Human Rights (CDDH), in particular in the latter’s report on the longer-term future of the system of the European Convention on Human Rights. It also recalls a number of previous technical contributions of the CDDH to this reflection.[11] The Committee also informs the Assembly that a reinforcement of the resources of the Department for the Execution of Judgments has been decided.
3. The Committee of Ministers welcomes the Assembly’s strong involvement in these issues and will continue to keep the Assembly informed about the progress made.
Appendix 8
(Item 4.6)
Guidelines of the Committee of Ministers to member States
on the protection and promotion of Human rights in culturally diverse societies
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
Preamble
The Committee of Ministers,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members, inter alia, by promoting common standards and carrying out activities in the field of human rights;
Reaffirming the principle of equal dignity of all human beings and the principle of full and equal enjoyment of human rights and fundamental freedoms by all members of society;
Recalling the member States’ obligation to secure to everyone within their jurisdiction the rights and freedoms defined in the European Convention on Human Rights (adopted in 1950, ETS No. 5) and the Protocols thereto, and where relevant their obligations arising from the European Social Charter (adopted in 1961, ETS No. 35, and from its revised version adopted in 1996, ETS No. 163), and from other European and international human rights instruments, in so far as they have ratified them;
Reaffirming that human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated and should be enjoyed by everyone without discrimination;
Recalling that pluralism, which is one of the foundations of our democratic societies, is built upon the respect of human rights and on the genuine recognition of, and respect for, diversity and the dynamics of cultural traditions, ethnic and cultural identities, religious and other beliefs, artistic and socio-economic ideas, works and concepts;
Conscious of the increasing cultural diversity in European societies and underlining that diversity is a source of enrichment which calls for mutual understanding and respect for each other;
Underlining that managing cultural diversity in full respect of the principles of democracy, human rights and the rule of law is a common challenge for all societies throughout Europe and beyond, and that integration strategies should take appropriate account of diversity;
Considering that, for the purposes of these guidelines, the exercise of the rights mentioned therein must be guaranteed for all individuals without discrimination, including on grounds of their affiliation to any group, notwithstanding the possibility for the State to take positive action;
Underlining that living in a democratic society entails responsibilities and duties with regard to other persons and groups;
Being convinced that the satisfaction of basic human needs is a requirement intrinsic to the dignity of every human being and constitutes a pre-condition for the genuine enjoyment of human rights and fundamental freedoms;
Stressing that social cohesion and inclusion help to ensure the welfare of all members of society, minimise disparities and avoid polarisation;
Being aware that education, including human rights education, plays an essential role in preventing the rise of violence, extremism, racism, xenophobia, stigmatisation and all other forms of discrimination and intolerance;
Noting with regret the continuing lack of understanding and exclusion, xenophobic attitudes, hate speech, and even extremism and violence between individuals or groups forming culturally diverse societies in Europe and beyond;
Being convinced that full and equal enjoyment of human rights and fundamental freedoms by all members of democratic and culturally diverse societies directly contributes to peace and stability and may help to prevent intolerance potentially leading to violence and conflicts,
1. adopts the following guidelines which provide practical advice on how to address the above challenges and ensure better protection of human rights and fundamental freedoms in the context of culturally diverse societies, based on respect for the inherent and equal dignity of every human being;
2. invites member States to:
– take appropriate account of the principles set out in these guidelines when reviewing relevant legislation and practice;
– ensure the dissemination of the guidelines among competent authorities and stakeholders;
3. agrees to examine the follow-up given by member States to the present guidelines five years after their adoption.
I. Relevant general principles
Obligation to respect human rights
1. Member States are under an obligation to secure the effective enjoyment of all human rights and fundamental freedoms enshrined in the European Convention on Human Rights and in other binding human rights treaties to which they are parties for everyone within their jurisdiction.
Human rights as a common basis
2. Member States should ensure that the policies and actions of public authorities comply with human rights obligations.
Positive obligations
3. To comply with their obligations, member States may need to take positive steps to secure the effective enjoyment of human rights and fundamental freedoms for persons within their jurisdiction. This may also involve the protection of the rights and freedoms of individuals against the acts or omissions of others. Member States should promote equal opportunities and good relations in society based on mutual respect for human rights and fundamental freedoms.
Limitations and restrictions
4. In accordance with the European Convention on Human Rights, member States must ensure that any limitations and restrictions on the exercise of freedom of thought, conscience and religion, freedom of expression and freedom of assembly and association are prescribed by law, are necessary in a democratic society and pursue a legitimate aim as set out in the Convention.
Balancing of rights
5. Member States should strive to find a fair balance between conflicting interests which may result from the exercise of competing human rights and fundamental freedoms.
Margin of appreciation
6. Member States enjoy a margin of appreciation in how they apply and implement the European Convention on Human Rights depending on the circumstances of the case and the rights and freedoms engaged.
Living together
7. Member States should strive to ensure conditions that enable individuals and groups to live together in their diversity and allow the expression of pluralism, tolerance and broadmindedness that are hallmarks of a democratic society. This protection of “living together” can be linked to the legitimate aim of protecting the rights and freedoms of others. In this respect, although sometimes it is necessary for individual interests to be subordinated to those of a group, democracy does not simply mean that the views of a majority shall always prevail: a balance should be achieved which ensures the fair treatment of the majority and the minority. Pluralism and democracy should also be based on dialogue and a spirit of compromise necessarily entailing various concessions on the part of individuals or groups which are justified in order to maintain and promote the ideals and values of a democratic society.
II. Fundamental freedoms
8. Member States must ensure that freedom of thought, conscience and religion, freedom of expression and freedom of assembly and association are adequately and effectively guaranteed in their legal systems to all persons within their jurisdiction without discrimination on any ground, and that these national provisions are properly enforced.
A. Freedom of thought, conscience and religion
9. Member States must ensure respect for freedom of thought, conscience and religion, which constitutes one of the essential foundations of a democratic and pluralist society and encompasses two components:
– the freedom of thought, conscience and religion as a matter of individual conscience (internal freedom), including the freedom to hold or not to hold or change one’s religion or belief. This freedom in its internal dimension is an absolute right and may not be limited under any circumstances;
– the freedom to manifest one’s religion or belief (external freedom), whether in community with others, in public and within the circle of those whose faith one shares, or alone and in private. It includes the right to manifest one’s religion or belief in worship, teaching, practice and observance. This freedom to manifest one’s religion or belief may be subject to certain limitations, but only to those which are prescribed by law and necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
10. The freedom to manifest one’s religion or beliefs also includes the right of every individual not to be obliged to disclose his or her religion or beliefs and not to be obliged to act in such way that one can conclude that he or she holds ‒ or does not hold ‒ such religion or beliefs. This is without prejudice to situations where the disclosure of religion or beliefs is necessary to enable persons to benefit from a special privilege made available in domestic law on the grounds of religion or beliefs.
Impartiality
11. The member States’ role as facilitators for impartially creating the conditions for the exercise of various religions and beliefs is conducive to public order, religious harmony and tolerance in a democratic society.
12. This impartiality is incompatible with any power on the part of member States to assess the legitimacy of religious beliefs or the ways in which those beliefs are expressed.
13. Member States should promote mutual tolerance and refrain from taking sides in religious disputes.
14. In remaining impartial, member States should also be inclusive and diversity friendly.
Diversity of approaches
15. In view of the diversity of approaches in Europe in the sphere of cultural and historical development and the place of religion in society, member States are afforded a margin of appreciation in determining the steps to be taken to ensure compliance with the European Convention on Human Rights in this sphere. A reference to a tradition cannot, however, relieve them of their obligation to respect the rights and freedoms enshrined in the European Convention on Human Rights.
Legal status and autonomy of religious communities
16. Member States are reminded of their obligation to ensure that all religious communities which respect shared fundamental values are able to benefit from appropriate legal status and autonomy guaranteeing the exercise of freedom of religion.
17. Member States should ensure that religious communities and their members are able, in compliance with the national law:
a. to practice their faith publicly and freely, in places of worship designed for that purpose by themselves or in other places accessible to the general public, in accordance with their own rites and customs;
b. to make their opinion publicly known without being subjected to censorship and also exercise the right to freedom of expression, freedom of peaceful assembly and the freedom to use the media.
Education of children
18. In the exercise of any functions which they assume in relation to education and teaching, member States should, in accordance with European Convention on Human Rights, respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. They are afforded a margin of appreciation on whether to provide religious instruction in public schools and, if so, what particular system of instruction should be adopted. It should, however, respect the freedom of thought, conscience and religion of others.
B. Freedom of expression
19. Member States must ensure respect for freedom of expression, which equally constitutes one of the essential foundations of a democratic and pluralist society and one of the basic conditions for its progress and for the development of every human being. This right includes the freedom to hold opinions and receive and impart information and ideas without interference by public authorities and regardless of frontiers. It is necessary for the fulfilment and enjoyment of a wide range of other human rights, including the right to take part in cultural life, the right to vote and all other political rights related to participation in public affairs.
20. Member States should ensure that freedom of expression is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that may criticise, offend, shock or disturb the State or individuals or groups within society.
21. The exercise of the right to freedom of expression carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only in so far as such restrictions are provided for by national law and are necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the rights or the reputation of others, for the prevention of disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. Opinion makers and opinion leaders should be aware of the responsibilities which are inherent to free speech in culturally diverse societies.
22. Member States should remember that “hate speech” is not protected under the European Convention on Human Rights.
C. Freedom of assembly and association
23. Member States must respect freedom of peaceful assembly and freedom of association. This is crucial to the functioning of a pluralist and democratic society and instrumental for individuals and groups to collectively address and resolve challenges and issues that are important to society.
24. No restrictions shall be placed on the exercise of these rights other than those prescribed by law and necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, the police or the State administration.
25. Member States should encourage the participation of individuals and groups in the democratic process through the creation of a favourable environment conducive to the work of associations and political parties in which individuals and groups may interact freely with each other and pursue common objectives collectively.
26. Member States should avoid unduly interfering with freedom of peaceful assembly and association, and also secure its effective enjoyment in the sphere of relations between individuals. They should protect the peaceful exercise of freedom of assembly, including through measures to ensure that counter-demonstrations do not affect the right to demonstrate.
III. Equality and non-discrimination
Prohibition of discrimination in the enjoyment of human rights
27. Member States must secure the enjoyment of the rights and freedoms set forth in the European Convention on Human Rights without discrimination on any ground.
National legislation
28. Member States must respect the fundamental principle according to which all persons are equal before the law and are entitled to equal protection under the law without discrimination on any ground. Member States should ensure that their national legislation recognises and provides full and effective guarantees for the principle of equality and the prohibition of discrimination to all members of society.
Promotion of the principle of equality
29. Member States should ensure the promotion of the principle of equality and the right of every person to be free from all forms of discrimination on any ground.
Positive action
30. Member States should bear in mind that the prohibition of discrimination is violated when persons in analogous situations are treated differently without an objective and reasonable justification but also when, without such justification, persons whose situations are significantly different are not treated differently. Member States should take all appropriate measures, including positive action, to ensure full respect for the prohibition of discrimination.
Multiple discrimination
31. Member States should recognise that individuals may require effective measures to solve the problem of multiple discrimination, particularly against women and the most vulnerable groups of individuals.
Gender equality
32. Member States should ensure equality between women and men in culturally diverse societies and the systematic integration of the gender equality dimension in the framework of securing human rights and fundamental freedoms. Gender equality should be ensured regardless of traditional or cultural attitudes.
Elimination of discrimination in all its forms in all areas of life
33. Member States should take all necessary measures to eliminate, in law and practice, discrimination on any grounds in all areas of life, such as employment, education, health care, culture, housing, access to goods and services, and access to justice and decision making both in the public and private sectors.
Law enforcement measures
34. Member States should ensure that law enforcement measures do not result in the violation of human rights or in the ostracism of and discrimination against individuals.
IV. Countering hatred and violence
Countering stereotypes
35. Member States should promote mutual respect and diversity and counter negative stereotypes, prejudices and any form of intolerance.
Combating racism and xenophobia
36. Member States should ensure that all available means are used to combat racism and xenophobia, which are a particular affront to human dignity, thereby reinforcing the vision of a democratic society in which diversity is not perceived as a threat but as a source of enrichment.
37. Member States should ensure special vigilance and a vigorous reaction to any act of racist and xenophobic nature, including acts committed via computer systems.
38. Member States should take appropriate action against organisations that promote hatred, intolerance and xenophobia. This may include the dissolution of organisations that incite racial hatred. Member States should provide measures to suppress public financing of such organisations. Efforts should be taken to ensure that these provisions are effectively enforced.
39. Member States should address the problem of racism and violence in sports.
Combating hate crime and hate speech
40. Member States should ensure that various forms of hate crime, including acts of violence and hate speech, including public incitement to hatred and violence, are punishable under their national law.
41. Member States should take measures to prevent and combat cases of hate crime and hate speech, in particular by carrying out effective investigations in order to avoid impunity.
Protection of the right to life and of the right to freedom from torture and inhuman or degrading treatment or punishment
42. Member States are required to adopt reasonable and effective measures and policies designed to ensure that individuals within their jurisdiction, including persons belonging to vulnerable or minority groups, are not subjected to attacks violating their right to life or their right to freedom from torture and inhuman or degrading treatment or punishment, irrespective of whether such acts are committed by public officials or private individuals.
43. Member States must combat all acts of violence and ill-treatment targeting persons belonging to vulnerable or minority groups and bring perpetrators to justice. They must ensure that their national authorities conduct prompt and effective investigations into such incidents, meeting the requirements of the fundamental rights enshrined in Articles 2 and 3 of the European Convention on Human Rights, even in the absence of a formal complaint, if there are sufficiently clear indications that an attack violating the right to life or the right to freedom from torture and inhuman or degrading treatment or punishment might have occurred.
44.[12] Member States should consistently combat any form of physical, sexual, psychological and economic violence particularly directed against women and girls (including stalking, sexual violence, forced and child marriage, female genital mutilation, forced abortion and forced sterilisation, sexual harassment, crimes committed in the name of so-called “honour”, aiding or abetting and attempt to commit any of these offences), and violence against persons on the basis of their sexual orientation or gender identity, including situations when violence is perpetrated under the pretext of a cultural and religious prescription or practice. The same would apply to other persons in vulnerable situations, such as children and persons with disabilities. They should strive to adopt adequate legislation and introduce initiatives to prevent such violence, protect the victims and prosecute the perpetrators.
45. With a view to effective investigation and prosecution of violent criminal offences, member States should take all appropriate legislative, administrative and other measures to uncover any racial, xenophobic or religious motive behind an attack violating the right to life or the freedom from torture and inhuman or degrading treatment or punishment and to establish whether or not hatred or prejudice might have played a role in the events, even when the attack is inflicted by private individuals.
International protection
46. The right to life and the prohibition of torture may also encompass protection against expulsion if there are substantial grounds to believe that a person if deported would face a real risk of being subjected to treatment contrary to Articles 2 and 3 of the European Convention on Human Rights, in view of persecutions based on race, religion, nationality, membership of a particular social group or political opinions.
47. In order to adopt appropriate measures to counter hatred and violence and prevent persecutions, member States should co-operate among themselves and within the framework of international organisations and initiatives.
Training for the judiciary and other authorities
48. Member States are encouraged to ensure that members of the judiciary, prosecution service, law enforcement agencies and other relevant services have access to training regarding the national and international standards related to the effective fight against hatred and violence.
V. Participation, social inclusion and dialogue
Participation in the democratic process
49. Member States should adopt specific strategies and targeted policies to ensure that every member of society has adequate opportunities to effectively participate in public affairs and democratic decision making, which is an essential condition for social cohesion.
Participation in the making of legislation
50. Member States are encouraged, as far as possible, to enable all relevant segments of society, including non-governmental organisations, to participate in the preparation and consideration of legislation so as to ensure inclusivity and the genuine recognition of the diversity within societies.
Representation in public administration and decision-making bodies
51. Member States should strive for adequate representation of social diversity in all structures of decision-making bodies and public administration, including the judiciary, law enforcement agencies and executive bodies.
Participation and inclusion in social, economic and cultural life
52. Member States should strive for the effective participation on an equal footing of all members of society, including persons belonging to vulnerable and minority groups, in social, economic and cultural life, which is an essential precondition for equal opportunities in practice.
53. Member States should formulate and implement policies in relevant areas, such as education and training, culture, employment, access to healthcare and housing, and access to goods and services, in order to support effective participation in these fields on an equal footing and inclusion for all members of society, which is essential for successful integration.
Rights concerning identity
54. Member States should recognise the particular needs of persons belonging to minorities, bearing in mind the value of cultural diversity.
55. Member States are encouraged to promote the conditions necessary for persons belonging to national, linguistic and religious minorities to maintain and develop their culture and preserve the essential elements of their identity.
56. Member States should fully respect the principle of the individual’s voluntary self-identification as belonging to a specific group in society.
Reasonable accommodation
57. With a view to guaranteeing equality that is effective, and not merely formal, in the right to freedom of thought, conscience and religion, member States are invited to seek reasonable accommodation, where appropriate, when exercising their margin of appreciation.
Inclusion in the workplace
58. Member States are encouraged to provide diversity training and advisory services concerning tolerance and non-discrimination in the workplace. This should include advice as regards policies to accommodate religious and cultural diversity in the workplace.
Participation and inclusion of youth
59. Member States should adopt policies or measures designed to promote youth participation in society, including the participation of young people belonging to vulnerable and minority groups. They should ensure a democratic and cultural environment of respect for young people and take into account their diverse needs, circumstances and aspirations. They should also encourage and support initiatives by young people which promote mutual respect, dialogue, inclusion and responsibility for others in culturally diverse societies.
Participation and inclusion of foreign residents
60. Member States should promote, in so far as appropriate, equal opportunities for foreign residents, for example through the provision of adequate information about their rights and duties in society. Member States are encouraged to consider granting foreigners who are lawfully resident on their territory the right to vote and stand for election at the local level provided they fulfil the requirements set out in their national law.
Promotion of intercultural dialogue
61. Member States should encourage and support intercultural dialogue, including its religious dimension, to promote a spirit of inclusion and create an open and respectful exchange of views between individuals, groups and associations with different cultural or religious backgrounds, on the basis of mutual respect and understanding. To this end, they should also treat religious communities or communities representing different cultural backgrounds as partners in the development of inclusive and mutually supportive societies, while respecting the importance of impartiality.
VI. Safeguards and remedies
Access to rights
62. Member States should implement concrete measures, including at the regional and local level, and raise awareness thereof, to allow everyone the full and equal enjoyment and exercise of their rights in culturally diverse societies without discrimination on any ground.
Access to justice
63. Member States must ensure access to justice and effective remedies before national authorities in cases where human rights are violated. In order to ensure that this access to justice and remedies is provided on an equal footing in culturally diverse societies, member States are encouraged to establish appropriate legal aid schemes.
64. Member States are encouraged to establish accessible procedures and promote alternative dispute resolution processes such as mediation, conciliation and arbitration in the context of culturally diverse societies.
Sharing of the burden of proof
65. Member States should consider providing in civil and administrative law, that if persons who consider themselves victims of a discriminatory act establish before a court or any other competent authority prima facie evidence of facts from which it may be presumed that there has been discrimination, it should be for the respondent to prove that there has been no discrimination.
Access to information and consultation
66. Member States should explore ways of ensuring that everyone has access without discrimination and in a timely manner to sufficient information about his or her rights.
VII. Other relevant actors
The role of national human rights institutions
67. Member States should consider establishing, if they have not yet done so, an effective, pluralist and independent national human rights institution. They should also ensure the existence of appropriate conditions for the fulfilment of the institution’s human rights mission, including sufficient funding. They should consider establishing, where appropriate, branches of such institutions at the regional or local level to facilitate access for those whose rights have been violated. They should also encourage national human rights institutions to pay appropriate attention to supporting respect for human rights in the context of culturally diverse societies.
The role of civil society
68. Member States should take concrete measures to create an environment conducive to the development of civil society, including defenders of human rights, and make consultation and collaboration with civil society a common practice when drafting policies and action plans at national, regional and local levels, with a view to protecting and promoting human rights in culturally diverse societies.
The role of the media and information society
69. Member States are reminded thatmedia and the information society should play an active role in promoting mutual understanding, respect and cultural diversity, and in countering negative stereotypes, prejudices and any form of intolerance.
Responsibility of opinion leaders
70. Opinion leaders, including political and religious leaders, should speak and act resolutely in such a way as to foster a climate of mutual understanding, respect and diversity, based on universally recognised human rights.
The role of the private sector
71. Member States are reminded that the private sector can play an active role in promoting cultural diversity and countering negative stereotypes in their operation and activities and that they should be encouraged to do so.
VIII. Education and awareness-raising
Human rights education and training
72. Member States should guarantee the fundamental right of children to education in accordance with the European Convention on Human Rights, and the relevant case law of the European Court of Human Rights and should provide such education in an objective, critical and pluralistic manner.
73. Member States should adopt practical measures to promote education as a key to combating intolerance, breaking down stereotypes, developing intercultural dialogue, including its religious dimension, building trust and mutual respect and promoting sincere support for the shared values of living together.
74. To this end, member States should consider adopting education policies that include the principles and values of education for democratic citizenship and human rights education. Such education policies should also be formulated as part of integration policies and cover formal, non-formal and informal education. This should also include the teaching of diversity and promoting the attitudes of social inclusion, mutual understanding and responsibility towards others. Member States should also review curricula and teaching materials and ensure participatory learning methods and inclusive environments at educational institutions.
Raising awareness of human rights
75. Member States should assess and address the needs of expertise of public officials and other professionals concerning the protection of human rights, to ensure that they have thorough and up-to-date knowledge of the human rights standards and instruments, including relevant national law and practice,and appropriate guidelines on how to take into account cultural diversity when interacting with individuals and groups in their field of competence.
76. Member States should also examine the need for awareness-raising activities targeting the general public.
IX. Other measures
National strategies
77. Member States should consider adopting a strategic approach towards the human rights challenges of culturally diverse societies.
Action plans
78. Member States should consider encouraging public authorities, including at local and regional level, to adopt a strategic approach towards the human rights challenges of culturally diverse societies by integrating the relevant issues into the related action plans adopted at national level.
Indicators
79. Member States should consider monitoring the impact of the measures taken, for instance by developing, where appropriate, human rights indicators to measure their impact in the context of culturally diverse societies. Adequate systems should be established to monitor the provision of health care, education or social services and social aid.
Appendix 9
(Item 6.3)
Reply to Congress Recommendation 382 (2015) on
“Championing children’s rights in times of austerity”
(Adopted by the Committee of Ministers on 2 March 2016
at the 1249th meeting of the Ministers’ Deputies)
1. The Committee of Ministers has examined with interest of Congress Recommendation 382 (2015) on “Championing children’s rights in times of austerity”, which it transmitted to the relevant intergovernmental committee for information and possible comments. The Committee of Ministers recognises the need for public authorities, at all levels, to be particularly attentive to the potential risks of measures being taken to counter the effects of the current economic crisis to human rights protection, particularly with regard to more vulnerable groups of persons, such as children.
2. The protection and promotion of children’s rights continue to be a priority for the Committee of Ministers. It recently examined the implementation report of the Council of Europe Strategy for the Rights of the Child (2012-2015) and, in March 2016, approved the new Strategy for the Rights of the Child (2016-2021) which will guide the work of the Organisation for the coming years. The new Strategy has identified five priority areas to guarantee the rights of the child: equal opportunities for all children; participation of all children; a life free from violence for all children; child-friendly justice for all children and finally the rights of the child in the digital environment. Given the key role of local and regional authorities with regard to public policy that directly or indirectly impacts on children or their families, the Committee of Ministers counts on the continued support and contribution of the Congress in promoting and implementing the Strategy with a view to ensuring the protection of children’s rights in all member States, also in times of austerity.
3. The Strategy gives particular focus to tackling poverty, inequality and exclusion of children. To this end, the Council of Europe will promote the European Social Charter as a key set of standards safeguarding the rights of families and children, which is particularly relevant in times of economic austerity. The Strategy underlines that child poverty and social exclusion can most effectively be addressed through child protection systems that carefully integrate preventive measures, family support, early childhood education and care, social services, education and housing policies.
4. To this end, member States are encouraged to promote the dissemination and implementation of a number of relevant Council of Europe instruments. These include Committee of Ministers’ Recommendations on the participation of children and young people under the age of 18; on children’s rights and social services friendly to children and families; on the access of young people from disadvantaged neighbourhoods to social rights as well as the Congress Recommendation on the social re-integration of children living and/or working on the streets. The Committee of Ministers would also underline the relevance of the Guidelines on child-friendly health care (2011) and on child-friendly justice (2010). Finally, it invites member States to consider the suggested action and measures outlined in paragraphs 6.a., b. and c. of the Congress Recommendation 382 (2015).
Appendix 10
(Item 10.2b)
Guidelines for prison and probation services regarding radicalisation and violent extremism
(Adopted by the Committee of Ministers on 2 March 2016,
at the 1249th meeting of the Ministers' Deputies)
I. Terminology used for the purpose of these Guidelines:[13]
Radicalisation represents a dynamic process whereby an individual increasingly accepts and supports violent extremism. The reasons behind this process can be ideological, political, religious, social, economic or personal.
Violent extremism consists in promoting, supporting or committing acts which may lead to terrorism and which are aimed at defending an ideology advocating racial, national, ethnic or religious supremacy or opposing core democratic principles and values.
Dynamic security is a concept and a working method by which staff prioritise the creation and maintenance of everyday communication and interaction with prisoners based on professional ethics. It aims at better understanding prisoners and assessing the risks they may pose as well as ensuring safety, security and good order, contributing to rehabilitation and preparation for release. This concept should be understood within a broader notion of security which also comprises structural, organisational and static security (walls, barriers, locks, lighting and equipment used to restrain prisoners when necessary).
II. Scope
The present Guidelines recommend measures to be taken by prison and probation services in order to prevent persons under their responsibility from being radicalised to accepting violent extremist views which may lead to terrorist acts, as well as to detect, manage and resettle radicalised persons.
Prisoners, including pre-trial detainees, as well as probationers and conditionally released offenders are the primary subjects of the interventions recommended.
Prison and probation staff are the primary actors to implement these guiding principles. Representatives of other agencies and of religious denominations working with prisoners and probationers, as well as legal counsel, family members and peer groups may also be concerned with these guiding principles.
Radicalisation is a social and political problem that concerns public authorities as a whole. Prisons are only one of the institutions in which radicalisation might occur, but only a comprehensive social and political approach to the root causes of the problem can efficiently address it.
Although prisoners and probationers at risk of being radicalised or of becoming violent extremists represent a small number in the Council of Europe member States, it is nevertheless important to put sufficient resources and efforts into dealing with this problem efficiently given the potential danger it represents for society.
The present Guidelines shall be applied in conformity with the relevant international human rights instruments and standards and in full compliance with the European Convention on Human Rights.
These Guidelines underscore and further develop existing Council of Europe standards and shall be read together with the rules contained in the relevant Council of Europe recommendations, in particular the European Prison Rules (Recommendation Rec(2006)2 of the Committee of Ministers), the Council of Europe Probation Rules (Recommendation CM/Rec(2010)1 of the Committee of Ministers), the European Rules for juvenile offenders subject to sanctions or measures (Recommendation CM/Rec(2008)11), Recommendation CM/Rec(2012)12 of the Committee of Ministers concerning foreign prisoners, Recommendation CM/Rec(2014)3 of the Committee of Ministers concerning dangerous offenders and Recommendation CM/Rec(2014)4 of the Committee of Ministers on electronic monitoring.
The attention to some of the most relevant rules and principles contained in the European Prison Rules is specifically drawn by listing them in the text of the Guidelines in order to remind the prison and probation services that they should not depart from these when dealing with radicalised persons under their responsibility.
III. BASIC PRINCIPLES AND GENERAL CONSIDERATIONS
a. Respect for human rights and fundamental freedoms
1. Preventing and tackling radicalisation and violent extremism shall always be based on the rule of law and shall comply with international human rights standards because respect for human rights and the rule of law is an essential part of a successful counter-radicalisation effort. Failure to comply with these is one of the factors which may contribute to increased radicalisation.
2. Torture and inhuman or degrading treatment or punishment is prohibited. Freedom of expression and freedom of religion shall be respected.
b. Respect for data protection and privacy
3. Any supervision and restriction of contacts, communications and visits to prisoners, due to radicalisation concerns, shall be proportionate to the assessed risk and shall be carried out in full respect of international human rights standards and national law related to persons deprived of their liberty and shall be in accordance with Rule 24 of the European Prison Rules concerning contact by prisoners with the outside world.
4. Where there is exchange of information related to radicalisation and violent extremism between prison and probation services and national law enforcement and intelligence agencies, strict and clear procedures shall be agreed and respected in terms of privacy and data protection.
5. Those working towards the rehabilitation of prisoners should be able to operate with appropriate autonomy and independence from those engaged in intelligence gathering on violent extremists. The success of rehabilitation is indeed premised upon the trust derived from such autonomy.
c. Imprisonment as a measure of last resort
6. In order to effectively apply the principle according to which prison shall be used as a last resort, a variety of individually tailored sanctions and measures shall be applied where possible in order to keep offenders in the community and to improve their crime-free life prospects. Co-operation with other agencies in this respect could contribute to exchanging good practices regarding general prevention measures related to radicalisation and violent extremism.
7. Young offenders may be particularly vulnerable to radicalisation. In order to avoid the negative effects of imprisonment, sanctions and measures in the community shall be considered first. Additional efforts and resources shall be allocated for working with these offenders.
d. Good prison management
8. Good management and good order in prison shall respect diversity, tolerance and human dignity of both prisoners and staff as this helps avoid situations conducive to radicalisation and violent extremism.
9. While not necessarily sufficient in themselves to trigger radicalisation – violence, racism, islamophobia and other forms of discrimination – generate resentment and provide the ground for radicalising narratives to take root. Inadequate detention conditions and overcrowding can also be factors enhancing the risk of radicalisation in prison. Tackling these issues should therefore be considered as an integral part of the counter-radicalisation effort.
10. Similarly, radicalisation processes can be accentuated and reinforced when disproportionate measures are deployed by the prison administration. Therefore punitive measures, use of force and means of restraint shall be proportionate to direct and serious threats of disruption of good order, safety and security in a given prison in order to preserve to the extent possible relations of trust and support in helping the reintegration of the offender.
11. Prison management shall involve consulting staff and, subject to the needs of good order, safety and security, taking the opinion of prisoners on matters of concern regarding the general conditions of imprisonment.
12. Prisoners’ feelings of safety and trust in the legitimacy of staff’s actions are likely to induce positive change and facilitate their rehabilitation and resettlement. Every effort shall therefore be made to preserve and build on such relations of trust in order to help offenders start or develop a crime-free life.
13. As much as possible, prison and probation services shall select and recruit staff with relevant linguistic abilities and cultural sensitivity. Intercultural and multifaith awareness training for staff shall form an integral part of education and training in order to promote understanding of and tolerance to diversity of beliefs and traditions.
14. Staff shall be selected, supported and trained in order to develop and maintain their professional ethics and resilience to potential pressure leading to radicalisation.
15. Educational activities are essential in the rehabilitation process of probationers or prisoners that may have adopted violent extremist views. Not only does it provide a structure to the daily routines during imprisonment, but it also provides the opportunity to develop new skills that can facilitate resettlement.
16. Tackling the issue of radicalisation in prison requires that good prison management is not only related to high professional ethics and attitudes but requires adequate resources. This can mean that additional funds might be needed for recruitment and training.
IV. PRISON AND PROBATION work
a. Assessment
17. Risk and needs assessment should be carried out by multi-disciplinary teams. When initial and subsequent risk and needs assessment of offenders is carried out, special attention shall be paid to identify offenders vulnerable to radicalisation. In conformity with the existing national procedures regarding risk assessment, offenders’ views should be recorded in relation to this and offenders should be given the opportunity to challenge such assessments.
18. In order to establish individual treatment programmes aimed at successful rehabilitation of prisoners and probationers, assessment tools specifically tailored to identify risks of radicalisation shall be developed and used from the outset of the implementation of a penal sanction or measure and repeated at regular intervals as necessary when there is a concern that the prisoner might be undergoing a process of radicalisation.
b. Admission to prison and allocation
19. Special attention shall be paid to admission procedures of all prisoners as the good carrying out of such procedures allows feelings of trust and safety to be established in prisoners, enabling proper assessment of their health condition at entry, and contributing to good risk and needs assessment, sentence planning, classification, allocation and accommodation.
20. Regardless of whether prisoners sentenced for terrorist-related crimes are kept in separate prisons or wings or are dispersed across the prison system, the risk they may pose, including the risk of radicalising other prisoners, shall be evaluated individually before their allocation is defined and shall be reviewed at regular intervals.
c. High-security prisons or high-security sections in prison and prison transfers
21. The need to keep prisoners sentenced for terrorist-related crimes in high security prisons or under high levels of security in ordinary prisons shall also be evaluated individually and such decisions shall be reviewed at regular intervals. Rule 53 of the European Prison Rules, regulating the use of special high security or safety measures, shall apply in such cases. Furthermore, as stated in rule 70 of the European Prison Rules, any prisoner subjected to such measures shall have a right of complaint and appeal to an independent authority.
22. The regular transfers of prisoners sentenced for terrorist-related crimes may have a negative impact on the reintegration prospects of such prisoners. The need for such transfers shall therefore be carefully evaluated on an individual basis against the risk posed by such prisoners.
d. Culture and religion
23. In accordance with Rule 29 of the European Prison Rules, cultural and religious traditions shall be taken into account regarding nutrition and as far as practicable regarding clothing, opportunities for worship and religious holidays. Where possible, prisoners shall be allowed to take their meals at times that meet their religious requirements.
24. Prison services shall be encouraged to establish agreements with religious denominations in order to allow a number of approved religious representatives proportionate to the number of prisoners of the same faith in a given prison to enter the institution. Religious representatives should be properly trained on how to exercise their functions in a prison environment.
25. In order to induce positive personal change in prisoners, preferences shall be given to religious representatives who are attuned to the cultural norms and values and conversant in the languages spoken by the prisoners. Sufficient time, adequate space and resources shall be provided to enable approved religious representatives to meet prisoners in private and to hold collective services.
e. Inter-agency co-operation
26. Prison and probation services shall co-operate with each other as well as with other law enforcement agencies at local, national and international level, as dealing with radicalisation and violent extremism leading to terrorist acts requires a comprehensive approach based on professional standards.
27. Prison and probation services shall co-operate with other public and private agencies and wider civil society in order to provide aftercare and to contribute to the resettlement and reintegration of offenders.
28. It is in the interest of the prison and probation services to collect knowledge and best practices and share these internationally.
v. DETECTION, prevention and dealing with radicalisation and violent extremism in prison
a. Use of dynamic security
29. Frontline staff shall be trained to act in line with principles of dynamic security in order to maintain safety, security and good order in prison and to contribute to the prisoner’s rehabilitation. They should be trained in particular to use intercultural mediation and different techniques of intervention in case of crisis management.
b. Procedures for detection
30. Frontline staff shall be trained and supported in order to be able to distinguish between religious practices and the adoption of violent extremist behaviour and shall be empowered to react swiftly and proportionately in case of real and imminent risks posed to the life, health or personal integrity of prisoners or staff. In particular, staff shall be given tools to report concerns regarding signs of radicalisation to violent extremism and appropriate procedures shall be applied to assess promptly and professionally such risks.
31. Where specific tools and methods for identifying radicalised prisoners are developed and used by prison and probation services in order to help their frontline staff, these shall be based on professional and ethical standards and shall be reviewed and updated on a regular basis.
32. When developing indicators of radicalisation, staff shall be warned that such indicators are not to be considered in isolation but in the context of personal features and specific circumstances of a given case in order to avoid arbitrary conclusions.
33. Adequately trained members of prison or probation staff may be appointed as necessary, in case radicalisation is an issue of concern in a given prison or probation area, in order to ensure that staff know where they can readily obtain advice on radicalisation issues and prisoners or probationers know how to report concerns about radicalisation.
c. Special programmes
34. Special programmes, including the use of mentors, shall be developed for and offered to prisoners and probationers, where appropriate, and in particular for those who are considered susceptible to radicalisation, in order to help them find life options free from crime and violent extremism. Specially trained staff shall be involved in carrying out or supervising such programmes.
35. Former violent extremists who have renounced violence may serve as legitimate actors for the rehabilitation of probationers or prisoners.
36. Involvement of religious representatives, volunteers, peers and family members can also be considered on a case-by-case basis as they may be very beneficial for efficient reintegration of offenders.
VI. Post-release work
37. In order to aim at successful reintegration, prison and probation services shall not work in isolation, but communicate and establish links with community organisations in order to ensure the continuation of special programmes developed during imprisonment or probation after release, or after probation supervision ends, where appropriate.
38. Similarly, former prisoners shall be assisted in contacting different support structures in the community. On a case-by-case basis, the involvement of families and social networks shall be considered, as these may affect positively the resettlement process.
39. Electronic monitoring schemes and other control measures shall be combined with other professional interventions and supportive measures aimed at the social reintegration of radicalised offenders.
VII. RESEARCH, EVALUATION AND COMMUNICATION
40. Sufficient resources shall be allocated to carry out scientific research and evaluation of existing programmes tackling radicalisation. Any such programme shall be knowledge-based and shall be regularly reviewed.
41. In order to ensure public reassurance and understanding, regular work with the media shall be carried out.
+ There were no decisions under this item.
[1] See also document CM/AS(2016)Quest691-final.
[2] See also document CM/AS(2016)Quest689-final.
[3] At the 492nd meeting of the Ministers’ Deputies in April 1993, the Deputies “agreed unanimously to the introduction of the rule whereby only representatives of those States which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter”. The States having ratified the European Social Charter or the European Social Charter (revised) are (1 January 2016): Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
[4] At the 492nd meeting of the Ministers’ Deputies in April 1993, the Deputies “agreed unanimously to the introduction of the rule whereby only representatives of those States which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter”. The States having ratified the European Social Charter or the European Social Charter (revised) are (1 January 2016): Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
[5] See also document CM/AS(2016)Rec2079-final.
[6] The terms “Roma and Travellers” are being used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies.
[7] See also document CM/Cong(2016)Rec382-final.
[8] At the 492nd meeting of the Ministers’ Deputies in April 1993, the Deputies “agreed unanimously to the introduction of the rule whereby only representatives of those States which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter”. The States having ratified the European Social Charter or the European Social Charter (revised) are (1 January 2016): Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, the Russian Federation, Serbia, the Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
[9] At the 492nd meeting of the Ministers' Deputies in April 1993, the Deputies “agreed unanimously to the introduction of the rule whereby only representatives of those states which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter”. The States having ratified the European Social Charter or the European Social Charter (revised) are (1 January 2016): Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, the Russian Federation, Serbia, the Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
[10] The Assembly’s recommendation was transmitted to the Steering Committee for Human Rights (CDDH) for an opinion.
[11] See CDDH 2008 report on practical proposals for the supervision of the execution of judgments of the Court in situations of slow execution (doc. CM(2009)7), CDDH 2013 report on whether more effective measures are needed in respect of States that fail to implement Court judgments in a timely manner (doc. CM(2013)174), as well as the CDDH contribution to the Brussels Conference on the “Implementation of the European Convention on Human Rights, our shared responsibility” (doc. CM(2015)151 add2).
[12] When these guidelines were adopted, the Representative of the Russian Federation reserved the right of his government to comply or not with paragraph 44 as far as the reference to sexual orientation or gender identity is concerned.
[13] For the purpose of these Guidelines the use of “shall” continues CDPC drafting practice in the penitentiary field. This practice was established with the adoption of the European Prison Rules in 2006 (Recommendation Rec(2006)2 of the Committee of Ministers to member States). The use of “shall” is not to be interpreted in any way as denoting existing obligations under international law or otherwise as implying an imperative or mandatory rule for member States.