Ministers’ Deputies

CM Documents

CM(2016)104         11 July 2016[1]

 

1264 Meeting, 14 September 2016

4 Human Rights

4.3 Steering Committee for Human Rights (CDDH)

a. Abridged report of the 85th meeting (Strasbourg, 15-17 June 2016)

For examination by the GR-H at its meeting of 8 September 2016

 

The Steering Committee for Human Rights (CDDH) held its 85th meeting from 15 to 17 June 2016 in Strasbourg with Mrs Brigitte KONZ (Luxembourg) in the Chair. The agenda, as adopted, appears at Appendix I. At this meeting the CDDH, in particular:

Items submitted to the Committee of Ministers for decision

The CDDH invited the Committee of Ministers to:

-           examine the CDDH report on the measures taken by member States to implement the relevant parts of the Brighton Declaration (CM(2016)104-add1) and to decide on possible follow-up, it being specified that most of the conclusions of the report concern issues which are already under consideration by the Committee of experts on the system of the European Convention on Human Rights (DH-SYSC) as well as issues which are addressed in the follow-up which will be carried out on the Brussels Declaration;

-           examine the draft Recommendation of the Committee of Ministers on the processing of personal health-related data for insurance purposes, including data resulting from genetic tests (CM(2016)104-add3), with a view to its possible adoption, and to take note of the Explanatory memorandum (CM(2016)104-add4) thereto;

-           take note of its legal analysis on female genital mutilation and forced marriage (document CM(2016)104-add2).

Items submitted to the Committee of Ministers for information

1.         welcomed the holding of the High-Level Seminar on Protection and Promotion of Human Rights in Culturally Diverse Societies (Strasbourg, 13-14 June 2016);

2.         took note of information provided by Mr Ambassador Jari VILÉN, Head of the Delegation of the European Union to the Council of Europe, and Mr Jörg POLAKIEWICZ, Director of the legal advice and international public law of the Council of Europe, concerning the European Union accession process to the European Convention on Human Rights;

3.         adopted its comments on Parliamentary Assembly Recommendations 2085(2016) “Strengthening the protection and role of human rights defenders in Council of Europe member States” and 2091(2016) “ The case against a Council of Europe legal instrument on involuntary measures in psychiatry“;


4.         concerning the reform of the Court:

i.     adopted its report on the measures taken by member States to implement the relevant parts of the Brighton Declarationand decided to transmit itto the Committee of Ministers (document CM(2016)104-add1);

ii.     endorsed the guidance given by the Committee of experts on the System of the European Convention on Human Rights (DH-SYSC) to its Drafting Group DH-SYSC-I regarding the follow-up on the question of the judges of the European Court of Human Rights;

iii.    endorsed the guidance given by the DH-SYSC to its Drafting Group DH-SYSC-REC on the work on Recommendation CM/Rec(2008)2 on efficient domestic capacity measures taken for rapid execution of judgments of the European Court of Human Rights and took note of the results of the 1st meeting of the DH-SYSC-REC (23-25 May 2016);

iv.    welcomed the exchange of views held by the DH-SYSC on the verification of the compatibility of legislation with the Convention and of the follow-up to this work;

5.         concerning development and promotion of human rights:

i.     adopted the analysis of the legal situation at international level and in Council of Europe member States on combating and preventing female genital mutilation and forced marriage (document CM(2016)104-add2) and gave guidance to its Drafting Group CDDH-MF for further work;

ii.     examined the outlines prepared by the Rapporteurs for the analysis to be conducted on: (i) Social Rights; (ii) Freedom of Expression and links to other Human Rights; (iii) Migration and Human Rights; (iv) Civil Society and National Human Rights Institutions, and provided guidance for further work;

6.         concerning bioethics, adopted the draft Recommendation on the processing of personal health-related data for insurance purposes, including data resulting from genetic tests and took note of its Explanatory memorandum (documents CM(2016)104-add3 and CM(2016)104-add4), finalised by the Committee on Bioethics (DH‑BIO), and decided to transmit them to the Committee of Ministers;

7.         exchanged views on the information provided by experts representing the CDDH in other bodies and appointed representatives to participate in meetings of the European Social Cohesion Platform (PECS), the Ad hoc Committee for the Rights of the Child (CAHENF) and the European Committee on Democracy and Governance (CDDG);

8.         exchanged views with Mr. Guido RAIMONDI, President of the European Court of Human Rights and with Mrs Professor Frédérique DREIFUSS-NETTER (France), Jurist and specialist in bioethics, and decided on invitees for its upcoming meeting;

9.         exchanged views on the conventions for which it is responsible, welcomed the “tour de table” held by the DH-SYSC on the state of signature and ratification of Protocols Nos. 15 and 16 to the Convention and on the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights, and proposed that the DH-SYSC focuses, at its next “tour de table”, on the difficulties encountered;

10.        constituted four drafting Groups (see Appendix II);

11.        adopted the calendar of meetings of the CDDH and its subordinate bodies, as it appears at Appendix III;

12.        agreed on the following deadlines:

1st July 2016: Possible suggestions, from the participants to the CDDH, of substantial corrections to the draft meeting report (CDDH(2016)R85) that the Secretariat will send to all participants by 24 June 2016: [email protected]; [email protected]

15 July 2016:  Possible suggestions from the participants to the CDDH for the outlines prepared by the Rapporteurs for the analysis to be conducted on: (i) Social rights; (ii) Freedom of expression and links to other Human Rights; (iii) Migration and Human Rights; (iv) Civil society and National Human Rights Institutions: [email protected]


Appendix I

Agenda

item 1:     Opening of the meeting, adoption of the agenda and order of business

item 2 :    Recommendations of the Parliamentary Assembly

item 3:     system of the Convention (dh-sysc)

                 3.1   Draft report on the measures taken by member States to implement the relevant parts of the Brighton Declaration
3.2   Follow-up to the CDDH report on the longer-term future of the system of the European Convention on Human Rights
3.3   Work on Recommendation CM/Rec(2008)2 on efficient domestic capacity measures taken for rapid execution of judgement of the European Court of Human Rights
3.4   Exchange of information on the verification of the compatibility of legislation with the Convention
3.5   State of signatures and ratifications of Protocols Nos. 15 and 16 to the Convention and the European Agreement relating to persons participating in proceedings of the European Court of Human Rights

item 4:     Accession of the European Union to the Convention

item 5:     Development and promotion of Human Rights

5.1   Social Rights (CDDH-SOC)
5.2   Female Genital Mutilation and Forced Marriage (CDDH-MF)
5.3   Freedom of Expression and links to other Human Rights (CDDH-EXP)
5.4   Migration and Human Rights (CDDH-MIG)
5.5   Civil Society and national Human Rights Institutions (CDDH-INST)
5.6   Future event on human rights and business

item 6:     committee on bioethics

                 6.1   Work conducted under the CDDH authority

                 6.2   Other ongoing work within the DH-BIO

item 7:     review of the guidelines on the protection of victims of terrorist acts

item 8:     experts representing the CDDH in other bodies

item 9:     invitees

item 10:    review of the Council of Europe conventions

item 11:    elections

item 12:    calendar of meetings

ITEM 13:    Other issues

Appendix II

Composition of the Bureau,Chairmanship and rapporteursfollowing the decisions taken at the 85th meeting of the CDDH, 15-17 June 2016

BUREAU OF THE CDDH

END OF THE MANDATE

REFERENCES

Ms Brigitte KONZ (Luxembourg), Chair

31 December 2016

(elected for 1 year renewable once)

84th meeting of the CDDH

(December 2015)

Mr Hans-Jörg BEHRENS (Germany), Vice-Chair

31 December 2016

(elected for 1 year renewable once)

84th meeting of the CDDH

(December 2015)

Mr Rob LINHAM (United Kingdom), Member

31 December 2016

(elected for 2 years renewable once)

82nd meeting of the CDDH

(November 2014)

Mr Morten RUUD (Norway), Member

31 December 2016

(elected for 2 years renewable once)

82nd meeting of the CDDH

(November 2014)

Ms Brigitte OHMS (Austria), Member

31 December 2017

(elected for 2 years not renewable)

84th meeting of the CDDH

(December 2015)

Ms Kristine LICE (Latvia), Member

31 December 2017

(elected for 2 years renewable once)

84th meeting of the CDDH

(December 2015)

Ms Zinovia STAVRIDI (Greece), Member

31 December 2017

(elected for 2 years renewable once)

84th meeting of the CDDH

(December 2015)

Mr Joan FORNER ROVIRA (Andorra), Member

31 December 2016

(elected for 1 year renewable once)

84th meeting of the CDDH

(December 2015)

DH-BIO

Mr Mark BALE (United Kingdom), Chair

31 December 2016

(elected for 1 year not renewable)

84th meeting of the CDDH

(December 2015)

DH-SYSC

Ms Isabelle NIEDLISPACHER (Belgium), Chair

31 December 2016

(elected for 1 year renewable once)

84th meeting of the CDDH

(December 2015)

CDDH-SOC[2]

Mr Vít A. SCHORM (Czech Republic), Chair

31 December 2017

85th meeting of the CDDH

(June 2016)

CDDH-MF[3]

Mr Rob LINHAM (United Kingdom), Chair

31 March 2017

84th and 85th meetings of the CDDH (December 2015 and June 2016)

CDDH-EXP[4]

Mr Hans-Jörg BEHRENS (Germany), Chair

31 December 2017

85th meeting of the CDDH

(June 2016)

CDDH-MIG[5]

Mr Morten RUUD (Norway), Chair

31 December 2017

85th meeting of the CDDH

(June 2016)

CDDH-INST[6]

Ms Krista OINONEN (Finland), Chair

30 June 2017

85th meeting of the CDDH

(June 2016)


RAPPORTEURS

CDDH-SOC

Mme Chantal GALLANT (Belgium)

31 December 2017

84th meeting of the CDDH

(December 2015)

CDDH-MF

Mr Rob LINHAM (United Kingdom)

31 March 2017

84th meeting of the CDDH

(December 2015)

CDDH-EXP

Ms Kristine LICE (Latvia)

31 December 2017

84th meeting of the CDDH

(December 2015)

CDDH-MIG

Mr Frank SCHÜRMANN (Switzerland)

31 December 2017

84th meeting of the CDDH

(December 2015)

CDDH-INST

Ms Krista OINONEN (Finland)

30 June 2017

84th meeting of the CDDH

(December 2015)

CDDH-SOC

CDDH-MF

CDDH-EXP[7]

CDDH-MIG

CDDH-INST

Austria

Belgium

Azerbaijan

Armenia

Armenia

Belgium

Bulgaria

Estonia

Bulgaria

Azerbaijan

Czech Republic

Croatia

France

Czech Republic

Finland

Greece

Finland

Hungary

Greece

Ireland

Italy

France

Republic of Moldova

Iceland

Montenegro

Republic of Moldova

Netherlands

Montenegro

Italy

Netherlands

Poland

Norway

Russian Federation

Latvia

Russian Federation

Portugal

Switzerland

"The former Yugoslav Republic of Macedonia"

Norway

Slovenia

Russian Federation

Turkey

Turkey

Spain

Spain

Slovenia

United Kingdom

United Kingdom

Turkey

"The former Yugoslav Republic of Macedonia"


Appendix III

Calendar of meetings of the CDDH and subordinate bodies for the biennium 2016-2017

2016

1st  meeting of the Committee of Experts on the System of the European Convention on Human Rights (DH-SYSC)

25-27 April

1st meeting of the CDDH Drafting Group on Female Genital Mutilation and Forced Marriage (CDDH-MF)

27-29 April

1st meeting of the DH-SYSC Drafting Group on Recommendation CM/REC(2008)2 (DH-SYSC-REC)

23-25 May

95th meeting of the Bureau of the Steering Committee for Human Rights (CDDH-BU)

Paris, 26-27 May

9th meeting of the Committee on Bioethics (DH-BIO)

31 May-3 June

HELP Conference

Strasbourg, 15-17 June

High-level Seminar on Human Rights in Culturally Diverse Societies

85th meeting of the Steering Committee for Human Rights (CDDH)

13-14 June

15-17 June

1st meeting of the DH-SYSC Drafting Group I on the Follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-I)

29 June - 1st July

1st meeting of the CDDH Drafting Group on Migration and Human Rights (CDDH-MIG)

14-16 September

2nd  meeting of the CDDH Drafting Group on Female Genital Mutilation and Forced Marriage (CDDH-MF)

21-23 September

1st meeting of the CDDH Drafting Group on Civil Society and National Human Rights Institutions (CDDH-INST)

12-14 October

2nd  meeting of the DH-SYSC Drafting Group I on the Follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-I)

19-21 October

2nd meeting of the Committee of Experts on the System of the European Convention on Human Rights (DH-SYSC)

8-10 November

96th meeting of the Bureau of the Steering Committee for Human Rights (CDDH-BU)

Paris, 24-25 November


Seminar on case-law of the Court relevant to bioethical issues

10th meeting of the Committee on Bioethics (DH-BIO)

5 December

6-8 December

86th meeting of the Steering Committee for Human Rights (CDDH)

6-9 December


2017

3rd meeting of the CDDH Drafting Group on Female Genital Mutilation and Forced Marriage (CDDH-MF)

[24-26 January]

2nd meeting of the CDDH Drafting Group on Migration and Human Rights (CDDH-MIG)

[Cyprus] [February – dates to be confirmed with the CM]

3rd meeting of the DH-SYSC Drafting Group I on the Follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-I)

27 February – 1 March

1st meeting of the CDDH Drafting Group on Social Rights (CDDH-SOC)

[8-10] March

2nd meeting of  the CDDH Drafting Group on Civil Society and National Human Rights Institutions (CDDH-INST)

[15-17] March

1st meeting of the CDDH Drafting Group on Freedom of Expression and links to other Human Rights (CDDH-EXP)

[22-24] March

1st meeting of the DH-SYSC Drafting Group II on the Follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-II)

29-31 March

2nd meeting of the CDDH Drafting Group on Social Rights (CDDH-SOC)

[End of April]

3rd meeting of the Committee of Experts on the System of the European Convention on Human Rights (DH-SYSC)

10-12 May

3rd meeting of the CDDH Drafting Group on Migration and Human Rights (CDDH-MIG)

[May]

2nd meeting of the CDDH Drafting Group on Freedom of Expression and links to other Human Rights (CDDH-EXP)

[May]

3rd meeting of the CDDH Drafting Group on Civil Society and National Human Rights institutions (CDDH-INST)

[June]

97th meeting of the Bureau of the Steering Committee for Human Rights (CDDH-BU)

[Paris, 1-2 June]

11th meeting of the Committee on Bioethics (DH-BIO)

[6-8 June]

High-level Seminar on Human Rights and Business

87th meeting of the Steering Committee for Human Rights (CDDH) [40th anniversary of  the CDDH]

[13 June

14-16 June]

2nd meeting of the DH-SYSC Drafting Group II on the Follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-II)

21-23 June

3rd meeting of the DH-SYSC Drafting Group II on the Follow-up to the CDDH report on the longer-term future of the Convention (DH-SYSC-II)

[September]

3rd meeting of the CDDH Drafting Group on Freedom of Expression and links to other Human Rights (CDDH-EXP)

[September]

3rd meeting of the CDDH Drafting Group on Social Rights (CDDH-SOC)

[October]

4th meeting of the Committee of Experts on the System of the European Convention on Human Rights (DH-SYSC)

[November]

International Conference for the 20th anniversary of the Oviedo Convention and

12th meeting of the Committee on Bioethics (DH-BIO)

[November/December]

98th meeting of the Bureau of the Steering Committee for Human Rights (CDDH-BU)

[November]

88th meeting of the Steering Committee for Human Rights (CDDH)

[December]



[1] This document has been classified restricted until examination by the Committee of Ministers.

[2] CDDH Drafting Group on Social Rights

[3] CDDH Drafting Group on Female Genital Mutilation and Forced Marriage

[4] CDDH Drafting Group on Freedom of Expression and links to other Human Rights

[5] CDDH Drafting Group on Migration and Human Rights

[6] CDDH Drafting Group on Civil Society and National Human Rights Institutions

[7] Chair: Germany. The expense of the Chair will be covered by the budget of the Council of Europe.