This reference document presents an overview of selected non-binding instruments (“soft law”) in the field of migration and refugee protection adopted in recent years by three institutions of the Council of Europe: the Committee of Ministers of the Council of Europe (CM), the Parliamentary Assembly of the Council of Europe (PACE), and the Congress of Local and Regional Authorities of the Council of Europe (Congress).

Recommendations of the CM to member States (Article 15 of the Statute of the Council of Europe) concern matters of “a common policy”. While they are not binding, the CM may request governments of the member States “to inform it of the action” taken regarding the recommendations.

PACE Recommendations are addressed to the Committee of Ministers and contain proposals the implementation of which is within the competence of governments. PACE Resolutions represent decisions on questions that the Assembly is empowered to put into effect, or expressions of view, for which it alone is responsible.

The Congressadopts Recommendations, which contain proposals addressed to the CM for implementation by governments of the member States, and Resolutions, which refer to local and/or regional authorities, to their associations, or to the Congress itself.

For the reader’s convenience, the selected instruments below are grouped by the following main themes: (A) asylum and refugee protection; (B) anti-discrimination; (C) social inclusion of migrants and refugees; (D) protection of persons in a potentially vulnerable situation; (E) trafficking in human beings and smuggling of migrants; (F) internally displaced persons; (D) increased migration flows. The hyperlinks lead to the source documents available on the webpages of the CM, PACE and Congress.

A. Asylum and Refugee Protection

Key principles:

· member States must uphold human rights and humanitarian principles and respect international law relating to refugees and the right to seek asylum, in particular, the European Convention on Human Rights (ETS No. 5) and the 1951 United Nations Convention Relating to the Status of Refugees;

· the principle of non-refoulement (principle prohibiting the extradition, expulsion, or return of a person to a country where they would be persecuted or would risk persecution within the meaning of the 1951 Convention relating to the Status of Refugees) must be respected;

· access to fair and efficient asylum procedures must be ensured;

· the prohibition of collective expulsion of non-nationals (any measure compelling non-nationals, as a group, to leave the country, except where such a measure is taken on the basis of a reasonable and objective examination of individual cases) should be enshrined in domestic law and practice.

1. Committee of Ministers of the Council of Europe

Recommendation Rec(94) 5 on guidelines to inspire practices of the member states of the Council of Europe concerning the arrival of asylum-seekers at European airports

Recommendation Rec(97)22 containing guidelines on the application of the safe third country concept

Recommendation Rec(98)13 of the Committee of Ministers to member states on the right of rejected asylum seekers to an effective remedy against decisions on expulsion in the context of Article 3 of the European Convention on Human Rights

Recommendation Rec(98)15 on the training of officials who first come into contact with asylum seekers, in particular at border points

Recommendation Rec(99)12 of the Committee of Ministers to member states on the return of rejected asylum-seekers

Recommendation Rec(2003)5 of the Committee of Ministers to member states on measures of detention of asylum seekers

Recommendation Rec(2004)9 of the Committee of Ministers to member states on the concept of “membership of a particular social group” (MPSG) in the context of the 1951 Convention relating to the status of refugees

Recommendation Rec(2005)6 of the Committee of Ministers to member states on exclusion from refugee status in the context of Article 1 F of the Convention relating to the Status of Refugees of 28 July 1951

2. Parliamentary Assembly of the Council of Europe

The “left-to-die boat”: actions and reactions: Resolution 1999 (2014); Recommendation 2046 (2014)

Criminalisation of irregular migrants: a crime without a victim: Resolution 2059 (2015)

Human rights impact of the “external dimension” of European Union asylum and migration policy: out of sight, out of rights?: Resolution 2228 (2018); Recommendation 2136 (2018)

Pushback policies and practice in Council of Europe member States: Resolution 2299 (2019); Recommendation 2161 (2019)

Rights and obligations of NGOs assisting refugees and migrants in Europe: Resolution 2356 (2020); Recommendation 2192 (2020)

Voluntary relocation of migrants in need of humanitarian protection and voluntary resettlement of refugees: Resolution 2409 (2021)

Safe third countries for asylum seekers: Resolution 2461 (2022); Recommendation 2238 (2022)

Pushbacks on land and sea: illegal measures of migration management: Resolution 2462 (2022)

European Union Pact on Migration and Asylum: a human rights perspective: Resolution 2416 (2022)

European solidarity in the context of asylum and international protection: Resolution 2487 (2023); Recommendation 2248 (2023)

Ensuring human rights-compliant asylum procedures: Resolution 2555 (2024)

Missing migrants, refugees and asylum seekers – A call to clarify their fate: Resolution 2569 (2024); Recommendation 2284 (2024)

Putting an end to collective expulsions of aliens: Resolution 2595 (2025)

Saving the lives of migrants at sea and protecting their human rights: Resolution 2612 (2025); Recommendation 2298 (2025)

The challenges and needs of public and private actors involved in migration management: Resolution 2613 (2025)

Artificial Intelligence and Migration: Resolution 2628 (2025)

3. Congress of Local and Regional Authorities of the Council of Europe

Reception of women and children refugees in Europe’s cities and regions: Resolution 487(2022) and Recommendation 481(2022)

B. Anti-Discrimination

1. Committee of Ministers of the Council of Europe

Recommendation CM/Rec(2022)16 of the Committee of Ministers to member States on combating hate speech

Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime

Recommendation Rec(2025)7 of the Committee of Ministers to member states on equal rights for intersex persons

2. Parliamentary Assembly of the Council of Europe

Gender mainstreaming of migration policies: Resolution 2440 (2022)

C. Social Inclusion of Migrants and Refugees

Key principles:

· non-discrimination;

· mutual understanding and respect for cultural diversity;

· access to fair and accessible systems for the recognition of skills and qualifications;

· access to healthcare and social services;

· access to free primary and secondary education to all migrant children;

· multilevel cooperation between local, regional and national authorities;

· involvement of civil society organisations.

1. Committee of Ministers of the Council of Europe

Recommendation Rec(90)14 of the Committee of Ministers to member states on the preparation of an information brochure of the social security rights and obligations of migrant workers and of their families

Recommendation Rec(2000)15 of the Committee of Ministers to member states concerning the security of residence of long-term migrants

Recommendation Rec(2006)9 of the Committee of Ministers to member states on the admission, rights and obligations of migrant students and co-operation with countries of origin

Recommendation CM/Rec(2007)10 of the Committee of Ministers to member states on co‑development and migrants working for development in their countries of origin

Recommendation CM/Rec(2008)10 of the Committee of Ministers to member states on improving access of migrants and persons of immigrant background to employment

Recommendation CM/Rec(2011)2 of the Committee of Ministers to member states on validating migrants’ skills

Recommendation CM/Rec(2011)1 of the Committee of Ministers to member states on interaction between migrants and receiving societies

Recommendation CM/Rec(2011)13 of the Committee of Ministers to member states on mobility, migration and access to health care

Recommendation CM/Rec(2015)1 on intercultural integration

Recommendation CM/Rec(2022)10 of the Committee of Ministers to member States on multilevel policies and governance for intercultural integration

Recommendation CM/Rec(2025)6 of the Committee of Ministers to member States on qualifications and linguistic competences of refugees in Europe

2. Parliamentary Assembly of the Council of Europe

Integration, empowerment and protection of migrant children through compulsory education: Resolution 2220 (2018)

Integration of migrants and refugees: benefits for all parties involved: Resolution 2502 (2023)

Social inclusion of migrants, refugees and internally displaced persons through sport: Resolution 2503 (2023)

The theme of migration and asylum in election campaigns and its consequences on the reception of migrants and their rights: Resolution 2525 (2024)

Immigration, one of the answers to Europe's demographic aging: Resolution 2586 (2025)

3. Congress of Local and Regional Authorities of the Council of Europe

Improving the integration of migrants through local housing policies: Resolution 270(2008)

From reception to integration: the role of local and regional authorities facing migration: Resolution 411(2017)

Voting rights at local level as an element of successful long-term integration of migrants and IDPs in Europe’s municipalities and regions: Recommendation 419(2018); Resolution 431(2018)

D. Persons in a potentially vulnerable situation

1. Children

Key principles:

· the best interests of the child must be paramount in any decision-making concerning the child;

· presumption of minority (a person who undergoes an age assessment should be presumed to be a child unless and until determined otherwise through an age assessment procedure);

· the benefit of the doubt (in case of a reasonable doubt the person should be treated as a child);

· children should be treated as children first and foremost;

· administrative detention of children for immigration reasons should be avoided.

(a) Committee of Ministers of the Council of Europe

Recommendation CM/Rec(2007)9 of the Committee of Ministers to member states on life projects for unaccompanied migrant minors

Recommendation CM/Rec(2008)4 of the Committee of Ministers to member states on strengthening the integration of children of migrants and of immigrant background

Recommendation CM/Rec(2012)10 of the Committee of Ministers to member States on the protection of child and young athletes from dangers associated with migration

Recommendation CM/Rec(2019)4 of the Committee of Ministers to member States on supporting young refugees in transition to adulthood

Recommendation CM/Rec(2019)11 of the Committee of Ministers to member States on effective guardianship for unaccompanied and separated children in the context of migration

Recommendation CM/Rec(2022)22 of the Committee of Ministers to member States on human rights principles and guidelines on age assessment in the context of migration

(b) Parliamentary Assembly of the Council of Europe

The alternatives to immigration detention of children: Resolution 2020 (2014); Recommendation 2056 (2014)

Harmonising the protection of unaccompanied minors in Europe: Resolution 2136 (2016)

Child-friendly age assessment for unaccompanied migrant children: Resolution 2195 (2017); Recommendation 2117 (2017)

Missing refugee and migrant children in Europe: Resolution 2324 (2020); Recommendation 2172 (2020)

Protection and alternative care for unaccompanied and separated migrant and refugee children: Resolution 2449 (2022)

(c) Congress of Local and Regional Authorities of the Council of Europe

Unaccompanied refugee children: the role and responsibilities of local and regional authorities: Resolution 428 (2018) and Recommendation 414 (2018)

2. Girls and women

Recommendation CM/Rec(2022)17 of the Committee of Ministers to member States on protecting the rights of migrant, refugee and asylum-seeking women and girls[1]

3. Older persons

(a) Committee of Ministers of the Council of Europe

Recommendation CM/Rec(2011)5 of the Committee of Ministers to member states on reducing the risk of vulnerability of elderly migrants and improving their welfare

(b) Parliamentary Assembly of the Council of Europe

Overcoming age-based discrimination against older persons: Resolution 2592 (2025); Recommendation 2291 (2025)

E. Trafficking in human beings and smuggling of migrants

Key principles:

· human rights of migrants and the principle of non-refoulement should be respected;

· member States should punish smugglers and traffickers, not their victims;

· humanitarian assistance rendered to migrants should be distinguished from smuggling and trafficking and not be criminalised.

1. Committee of Ministers of the Council of Europe

Recommendation CM/Rec(2022)21 of the Committee of Ministers to member States on preventing and combating trafficking in human beings for the purpose of labour exploitation

2. Parliamentary Assembly of the Council of Europe

Trafficking of migrant workers for forced labour: Resolution 1922 (2013); Recommendation 2011 (2013)

Organised crime and migrants: Resolution 2089 (2016)

Concerted action against human trafficking and the smuggling of migrants: Resolution 2323 (2020); Recommendation 2171 (2020)

Precarious and irregular work situations of migrant seasonal and domestic workers: Resolution 2536 (2024)

A shared European approach to address migrant smuggling: Resolution 2568 (2024); Recommendation 2283 (2024)

3. Congress of Local and Regional Authorities of the Council of Europe

Empowering cities and regions to combat human trafficking for labour exploitation: Recommendation 527 (2025)

F. Internally Displaced Persons

1. Committee of Ministers of the Council of Europe

Recommendation Rec(2006)6 of the Committee of Ministers to member states on internally displaced persons

2. Parliamentary Assembly of the Council of Europe

Humanitarian needs and rights of internally displaced persons in Europe: Resolution 2214 (2018); Recommendation 2126 (2018)

3. Congress of Local and Regional Authorities of the Council of Europe

The role of local and regional governments in protecting internally displaced persons (IDPs) (citizens of a state who have been forced to leave their homes, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violation of human rights or natural man-made disasters, without crossing an internationally recognised state border): Resolution 448(2019) and Recommendation 437(2019)

G. Increased Migration Flows

1. Parliamentary Assembly of the Council of Europe

Increased migration pressure on the borders of Latvia, Lithuania and Poland with Belarus: Resolution 2404 (2021)

Humanitarian consequences and internal and external migration in connection with the aggression of the Russian Federation against Ukraine: Resolution 2448 (2022)

Humanitarian situation in Nagorno-Karabakh: Resolution 2517 (2023); Recommendation 2260 (2023)

The humanitarian crisis emerging for Afghanistan and Afghan refugees: Resolution 2522 (2023)

Deportations and forcible transfers of Ukrainian children and other civilians to Russian Federation or to Ukrainian territories temporarily occupied: create conditions for their safe return, stop these crimes and punish the perpetrators: Resolution 2495 (2023); Recommendation 2253 (2023)

Addressing the specific challenges faced by the Belarusians in exile: Resolution 2499 (2023)

An urgent call to Europe and its partners: envisioning immediate and long-term policy solutions in support of the displaced people of Ukraine: Resolution 2562 (2024)

Post-conflict time: defusing ticking time bombs for a safe return of displaced populations: Resolution 2564 (2024)

2. Congress of Local and Regional Authorities of the Council of Europe

On decentralised co-operation and migration in the Mediterranean basin: Resolution 69(1998)

Migration flows and social cohesion in South-East Europe: the role of local and regional authorities: Resolution 175(2004)

Border regionsfacing the migration phenomenon: Resolution 432(2018)

Council of Europe Division on Migration and Refugees - Mandate

The Division on Migration and Refugees (DMR) was created at the Directorate General of Human Rights and Rule of Law (DG1) on 1 February 2025 to follow-up on the action by the former Special Representative of the Secretary General on Migration and Refugees. Its mandate includes suggesting assistance and support to member states, particularly through the Network of Focal Points on Migration, seeking, collecting and analysing information on the human rights situation of migrants and refugees, as well as complementing and co-ordinating activities of other relevant Council of Europe bodies and our action with other international partners, notably the UNHCR, IOM, EU, and its specialised agencies, and other national, regional and international stakeholders, including civil society organisations. The DMR represents the Council of Europe in the UNHCR Nansen Refugee Award Selection Committee, as well as in the Consultative Forums of Frontex and of EUAA.

www.coe.int/migration