Fact-finding visit to take place before end of the year. Preliminary draft report to be considered in January and draft report with resolution and possible recommendation to be presented in March (with a view to adoption)

Valid until 19/03/2023

Deliberate germline editing in human beings

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: Mr Stefan Schennach (Austria)

Designated on 21/04/2021

On 26/04/2022 at its hybrid meeting, the committee will consider an introductory memorandum.

Hearing with experts on 2 December 2022 in Paris. A revised introductory memorandum will be considered at this meeting.

Valid until 19/04/2023.

Track and trace applications: ethical, cultural and educational challenges

Committee on Culture, Science, Education and Media

Rapporteur: Mr Duncan Baker (United Kingdom)

Designated on 04/12/2020

On 02/12/2021, the committee considered an information memorandum and held a hearing with the participation of Mr Pat Walshe, Data Protection consultant, Privacy Matters, United Kingdom; Ms Elisabeth Ehrensperger, Director, and Mr Bruno Baeriswyl, Member of the Steering committee, Foundation for Technology Assessment, TA-SWISS, Bern, Switzerland; Professor Wolfgang E. Ebbers, Erasmus School of Social and Behavioural Sciences, Public Administration, Erasmus Universiteit Rotterdam, The Netherlands; and Mr Tore Tennøe, Director, Norwegian Board of Technology, Oslo, Norway.

On 26/01/2022, the committee was informed of the wish of the rapporteur to ask Professor Wolfgang Ebbers to prepare an expert report.

On 04/03/2022, the committee considered an expert memorandum and held a hearing

with the participation of Professor Wolfgang E. Ebbers, Erasmus School of Social and

Behavioural Sciences, Public Administration, Erasmus Universiteit Rotterdam, The

Netherlands; Mr Christophe Fraser, Senior Group Leader in Pathogen Dynamics at the

Big Data Institute and Professor in the Nuffield Department of Medicine, University of

Oxford, UK; Ms Alessandra Pierucci, Chairperson of the Committee on the Convention

for the Protection of Individuals with regards to Automatic Processing of Personal Data

(CETS No. 108); and Ms Emilija Gargcin, Representative of the Council of Europe

Advisory Council on Youth (CCJ).

On 21/06/2022, the committee considered a preliminary draft report and held an

exchange of views with the participation of Mr Jean-Philippe Walter (Switzerland),

Council of Europe Data Protection Commissioner.

Valid until 20/05/2023

Securing safe medical supply chains

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: Ms Jennifer De Temmerman (France)

Designated on 16/03/2021

On 07/10/20 at its meeting by videoconference, the Sub-Committee on Public health and Sustainable development held a hearing on “Securing safe medical supply chains.”

On 01/12/21 at its hybrid meeting, the committee considered an introductory memorandum.

On 18/05/2022, at its meeting in Paris, the committee considered a preliminary draft report.

In November 2022, the standing committee will adopt a draft resolution and a draft recommendation.

Valid until 25/07/2023

Planned date of debate – November 2022 – Standing Committee

Update: the report was adopted by the committee in June before the rapporteur ended her mandate. The chairperson of the Committee, Selin Sayek Böke, will take over and present it to the Standing committee in November.

Health and social protection of undocumented workers

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: Ms Ada Marra (Switzerland)

Designated on 16/03/2021

On 20/05/2021, at its meeting by videoconference, the committee considered an introductory memorandum and authorised the rapporteur to undertake a fact-finding visit (date and place to be confirmed).

Report to be adopted by the Assembly in Spring 2023, possibly during the April part-session.

Valid until 25/07/2023

Public health emergency: the need for a holistic approach to multilateralism and health care

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: Ms Selin Sayek Böke (Turkey)

Designated on 17/06/2021

On 21/06/22, at its meeting in Strasbourg, the committee considered an introductory memorandum and authorised the rapporteur to carry out a fact-finding visit to the WTO and WHO in Geneva.

On 23/09/22,at its meeting in İzmir, the committee considered a revised introductory memorandum and held an exchange of views with experts.

The rapporteur went on a fact-finding visit to Geneva in September to attend the 2022 WTO Public Forum.

The rapporteur was also invited to attend the World Health Summit in Berlin in October 2022, in her capacity as chairperson of the committee. The discussions were however of high relevance to the report and will be incorporated into the text.

Date of debate foreseen: to be decided

Valid until 28/05/2023

Preventing addictive behaviours in children

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: Ms Diana Stoica (Romania)

Designated on 22/06/2021

On 23/09/22, at its meeting in İzmir, the committee considered an introductory memorandum and held an exchange of views with experts. The committee authorised the rapporteur to carry out a fact-finding visit to Ireland.

Valid until 28/05/2023

“Long Covid” and access to the right to health

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: To be designated

Designated on….

Valid until 24/01/2024

B. Motion for a Resolution

Strengthening palliative care for children

Committee on Social Affairs, Health and Sustainable Development

Rapporteur: To be appointed

Valid until…

C. Resolutions

Resolution 2441 (2022) - Addiction to prescription medicines

Resolution 2455 (2022) – Fighting vaccine-preventable diseases through quality services and anti-vaccine myth-busting

Resolution 2468 (2022) – Preventing vaccine discrimination

D. Recommendations

Recommendation 2233 (2022) - Addiction to prescription medicines

Recommendation 2240 (2022) - Preventing vaccine discrimination

PART II - OTHER COMMITTEES AND PROGRAMMES OF THE COUNCIL OF EUROPE

A. Consultative Committee on the Convention for the protection of individuals with regard to automatic processing of personal data (T-PD)

The 56th meeting of the Bureau of the Committee on the Convention for the protection of individuals with regard to automatic processing of personal data (T-PD) took place in Strasbourg, on 21 - 22 September 2022. The Bureau took note of the information provided by the secretariat, held an exchange of views and decided to forward the document prepared by the secretariat on the modalities of participation of the Russian Federation to the T-PD for discussion and adoption at the 43 plenary meeting of the T-PD in November 2022.

It furthermore discussed the state of play of signatures and ratifications of the Protocol amending Convention 108 (CETS No. 223) 43 signatures out of which, 19 ratifications. Since the March Bureau meeting, Austria and Albania deposited the instruments of ratification of the Amending Protocol CETS No. 223.

Its work concentrated on a) the finalization of Guidelines on National Digital Identity Systems emphasising the need to incorporate in their conception a wider consideration of the impact such tools can have on individuals’ private life; b) drafting jointly with other interested committees, such as Moneyval and organisations such as FATF a normative document on data protection in inter-state exchanges of data for Anti-Money Laundering/Countering Financing of Terrorism purposes, which aims to comprehensively establish basic notions of data protection in the AML/CFT context, with a goal of finalisation in 2023; c) a workstream on a Model Contractual Clause in the context of transborder data flows that could be used in a global context and d) special Guidelines on the Interpretation of Article 11 of the Modernized Convention 108 with the lead of the former UN Special Rapporteur on the right to privacy in order to give all interested parties enough insight on how to use exceptions from privacy rules in areas where personal data are processed for the public interest, including when governments seek to access data held by private entities. The Bureau took note that a wider stakeholder consultation is foreseen on these issues as well during the International Intelligence Oversight Forum (IIOF2022) to be held on 14-15 November 2022. IIOF2022 will be held in Room 1 at the Palais de l’Europe in Strasbourg.

The Bureau took note of the information provided by the Data Protection Commissioner as regards his latest visit to the Council of Europe in September 2022. It also took note of the information provided in relation to the new Council of Europe Regulation on the protection of personal data by the Committee of Ministers (replacing the Secretary General’s Regulation of 17 April 1989 instituting a system of data protection for personal data files at the Council of Europe) adopted by the Committee of Ministers of the Council of Europe on 15 June 2022 and that will enter into force in January 2023.

In promoting the modernised Convention 108 as a global privacy and data protection instrument the Data Protection Unit has carried out several cooperation programmes in state Parties and with interested countries also through the participation in activities of the Cybercrime Programme Office of the Council of Europe (C-PROC) in Bucharest, Romania.

B. Committee on Artificial Intelligence (CAI)

Pursuant to its terms of reference, the CAI, which since 1 January 2022, has replaced the CAHAI, has been tasked with elaborating an appropriate legal framework on the development, design and application of artificial intelligence, based on the Council of Europe’s standards on human rights, democracy and the rule of law, and conducive to innovation. The framework can be composed of a binding legal instrument of a transversal character, as well as additional binding or non-binding instruments to address challenges relating to the application of artificial intelligence in specific sectors, in accordance with the relevant decisions of the Committee of Ministers.

CAI has also been tasked to maintain a transversal approach, by coordinating its work with other intergovernmental committees and Council of Europe entities equally addressing the implications of artificial intelligence in their respective field of activity, by providing these committees and entities with guidance in conformity with the legal framework under development and by assisting them in resolving problems.

More particularly, the CAI has been instructed to complete the elaboration of an appropriate legal instrument on the development, design and application of artificial intelligence systems based on the Council of Europe’s standards on human rights, democracy and the rule of law, and conducive to innovation, by 15 November 2023.

The CAI has held its second Plenary meeting on 21 – 23 September in Rome. Another five Plenary meetings are scheduled until 15 November 2023.

The Committee of Ministers expects coordination of CAI work with other international organisations, in particular the European Union (EC, FRA, EDPS), UNESCO or OECD in order to promote synergies and avoid any duplication. In this respect, the Council of Europe and these organisations are participating in each-others’ respective committees on artificial intelligence.

C. Human Rights Education for Legal Professionals Programme (HELP)

By September 2022, a total number of 4535 individuals[1] have enrolled in the different language versions of the HELP course on Key human rights principles in biomedicine (developed by the HELP Unit in co-operation with the Bioethics Unit) as a self-learning tool (English 1618, French 262, German 50, Armenian 48, Italian 942 , Latvian 68 , Romanian 88, Russian 671, Spanish 552, Ukrainian 209). 1275 of those have already completed the self-learning courses and obtained the HELP ‘statement of accomplishment’.

By the same date, 1173 (815 +358) participants were involved in tutored editions of any of these courses organised in co-operation with national training institutions. Notably, five editions of the course were launched in 2021 and 2022 under the co-operation Project in Armenia.

D. European Committee on Blood Transfusion (CD-P-TS)

The 19^th plenary meeting of the European Committee on Blood Transfusion (CD-P-TS) will be held on the 15^th and 16^th November 2022. At this meeting, the 21^st Edition of the Blood Guide, having undergone its revision process (drafting and consultation), will be put forward for adoption by the Committee.

Some notable changes had been made in the standards and non-standard text throughout the chapters of the 21^st Edition. This included; updates relating to donor selection, including those relating to sex and gender (with a view to including more inclusive language), iron depletion, allergy and anaphylaxis, cancer and malignancies, acupuncture and tattoo, surgery, dental care and plasmapheresis. There were also changes in the accepted bleeding time for whole blood donations, where used in the preparation of platelets, or where the plasma is used for direct transfusion / preparation of coagulation factors. There was a recommendation for glucose as the preferred quality marker to pH for platelets in additive solution. Some overall structural changes had also been made.

Adoption pending, publication of the 21^st Edition of the Blood Guide is expected in Q1 of 2023.

The CD-P-TS produce a report which provides activity data on the donation, collection, testing and use of blood and blood components in Council of Europe member states (MS). Work has been performed to bring the activity up to date. The activity report for the years 2017 – 2019 was finalised. Publication is expected in November 2022. The questionnaire for the years 2020 – 2021 was issued to the Committee members, with the aim to finalise and publish in Q1/Q2 of 2023. In this most recent questionnaire there is a particular focus on donor selection criteria applied in MS where related to sexual risk behaviours. The data received in relation to this will be used to draft a specific report with an up to date mapping of practices across Europe.

A working group focusing on Anti-D Immunoglobulin has been convened. The working group will look to gain attention and call for action on the growing shortage and lack of self-sufficiency in the supply of anti-D plasma with a view to preparing recommendations on best practice, international cooperation, self-sufficiency of anti-D plasma collection and immunisation of donors.

The Blood Supply Contingency and Emergency Plan (B-SCEP) Project had been performed. The project was co-funded through a grant agreement between the EDQM and DG SANTE of the European Commission. It aimed to strengthen national plans to ensure continuity of the blood supply in emergency situations and to develop strategies to support European countries in this regard. The project produced the following deliverables: Survey Report, Recommendations and Model Preparedness Plan.

On the 5^th May 2022, the EDQM and B-SCEP working group coordinated a webinar to promote the B-SCEP project and discuss the state of play for contingency and emergency planning in European blood systems. In addition, a scientific abstract about the project and its deliverables was submitted to the 2022 ISBT Congress. The abstract “A European toolkit to support contingency and emergency planning for the blood supply” was selected for oral presentation as part of the strategies for safety and blood supply section on 4^th June 2022.

In terms of continuity for the deliverables of this project, it was proposed to maintain the B-SCEP working group as a specific working group under the aegis of the CD-P-TS and together will look to develop a work plan going forward which could include; exploring scientific publication, progressing recommendations or developing proposals for consideration in the Blood Guide.

E. European Committee on Organ Transplantation (CD-P-TO)

Publication of “An Analysis by the European Committee on Organ Transplantation of the Council of Europe Outlining the International Landscape of Donors and Recipients Sex in Solid Organ Transplantation”, by Emanuele Cozzi, Marina Alvarez, Mar Carmona, Beatriz Mahillo, John Forsythe, Mar Lomero, Marta López-Fraga, Ruth Sapir-Pichhadze, Massimo Cardillo and Beatriz Domínguez-Gil, on behalf of the European Committee on Organ Transplantation of the Council of Europe (CD-P-TO).

In a letter addressed to the Chair of the CDBIO, the CD-P-TO Chair and Vice Chair made a request on “the possibility of analysing and elaborating guidance for the interpretation of what may constitute reasonable remuneration for services rendered in the provision of organs, tissues and cells for transplantation/human application or preparation of other therapies involving human organs, tissues and cells as starting material.” The question put raised many very complex issues and not necessarily relevant to the question of “reasonable remuneration”, including transparency but also eventually the issue of equitable access to those therapies. CD-P-TOcould participate in this work, including where considered appropriate in designating an expert for the drafting group to be set up by the end of the year.

European Committee on Legal Co-operation (CDCJ)

The report on the review of the implementation of the European Convention on the Legal Status of Children Born out of Wedlock (ETS No. 85), that the CDCJ adopted at the end of 2021, has been published online, available at: https://rm.coe.int/cdcj-2021-29e/1680a6b13f.

The CDCJ approved a comparative study on “Access of people conceived by gamete donation to information on their origins”, from the examination of which it agreed on the relevance and added value of elaborating a draft recommendation on the rights of donor-conceived persons to know their origins. The comparative study will be available online shortly.

The CDCJ thus confirmed its intention to carry out this activity by the end of 2025 as it appears in its current mandate and, consequently, will submit to the Committee of Ministers, for its consideration in due course, a proposal for draft terms of reference for a CDCJ subordinate body responsible for this work. This future committee should cooperate closely with other bodies, notably with h the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO)^{^[2]}.

Steering Committee for the Rights of the Child (CDENF)

During its second meeting (10-11 March 2022) the joint CDBIO/CDENF drafting group BIO/ENF-CP examined a preliminary draft of the Guide to good practice concerning the participation of children in the decision-making process on matters regarding their health, in view of its presentation to both parent committees at their upcoming plenary meetings.

At its third meeting (22-23 September), the drafting group continued the work on the draft, including validating comments received by country representatives, which had by then been integrated in the text. The drafting group also discussed the stakeholder and child consultations, that have been launched in the meantime and should be concluded by the end of the year. The results of the stakeholder and child consultations will be integrated into a final draft text, to be presented to CDBIO and the CDENF.

H. European Committee for Social Cohesion (CCS)

The CCS is mandated to promote the Council of Europe’s work in the area of social cohesion, in particular the European Social Charter and its collective complaints procedure in order to ensure equal and effective access to social rights. As one of its deliverables, the CCS is planning a seminar on “Social Cohesion: Challenges anew” as a follow-up to the work that has been done in the light of Covid-19 pandemic. The seminar will address, inter alia, the challenges posed by Covid-19 pandemic and post pandemic recovery polices and practices. The participants will discuss state policies, best practices and lessons learnt on addressing challenges in post-pandemic recovery phase. The seminar will take place on 23 November 2022.

PART III – COMMITTEE OF MINISTERS

Reply to PACE Recommendation 2222 (2022) - Beating Covid-19 with public measures

“The Committee of Ministers has carefully considered Parliamentary Assembly Recommendation 2222 (2022) on “Beating Covid-19 with public health measures”. It has forwarded the text to the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO), the European Committee of Social Rights (ECSR), the Governmental Committee of the European Social Charter and European Code of Social Security and to the European Platform for Social Cohesion (PECS)/European Committee for Social Cohesion (CCS) for information and possible comments.

The Committee of Ministers welcomes the Assembly's attention to the issue of the Covid-19 pandemic from the perspective of effective and sustainable management to respond to any new public health crisis, in accordance with human rights and fundamental freedoms. It recognises that the health crisis may expose to serious socio-economic inequalities and calls on Council of Europe member States to ensure beating Covid-19 with public health measures in a human rights compliant way.

The Committee of Ministers underlines the importance of exchanging information and best practices in the management of the crisis, promoting co-operation and transversality towards better preparedness to future public health crisis. In this connection, it highlights the multilateral co-operation project “Protection of human rights in healthcare during public health crises”, presented by the Secretary General in January 2021, to assist member States in learning lessons together on the management of this crisis and to be more resilient when faced with future public health crises, with institutions more capable of managing such crises in a sustainable, transparent, and understandable manner, in line with human rights standards, thereby promoting public confidence.

In this context, the Committee of Ministers underlines the importance and relevance of the European Social Charter (ESC), which constitutes a resource for designing measures for prevention and preparedness that are consistent with the right to health and respect for fundamental social and economic rights. The Committee of Ministers recognises in particular the importance of guaranteeing the right to the protection of health (Article 11 of the ESC) and encourages the State Party which is not yet bound by this provision to consider accepting it.

It also draws the Assembly's attention to the activities of the CDBIO, whose mandate is to “conduct intergovernmental work on human rights protection in the fields of biomedicine, as well as health; in particular with regard to issues raised by the Covid-19 pandemic and taking into account the lessons to be learnt from the health crisis”. In this regard, the Steering Committee is currently finalising a draft Recommendation on equitable access to medicinal products and medical equipment in shortage situation to be presented to the Committee of Ministers in early 2023.

Moreover, the CDBIO maintains ongoing reflection on ways to be better prepared and resilient to future threats as evidenced in a statement, inter alia, on Covid-19 and vaccines,[1] and through webinars and other events such as the Conference on Social Resilience and Health Equity: A human right prospective for better resilience and preparedness, held online on 22 February 2022.

The Committee of Ministers also welcomes the Opinion on the application of the Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health in the context of Covid-19 published by the Medicrime Committee on 27 April 2021. It stresses in particular the importance of maintaining the utmost vigilance in the face of the counterfeiting or falsification of medicines and vaccines against Covid and recognises the relevance of the Medicrime Convention in fighting criminal networks involved in the break in the legal supply chain.

The Committee of Ministers also points to the essential contribution of the European Directorate for the Quality of Medicines & Healthcare (EDQM) to the global effort to fight the virus – by putting in place a fast-track certification procedure and providing free access to its quality standards, training materials, and other relevant guidance on recombinant viral vector vaccines and for the independent and coordinated testing of vaccine batches against Covid-19.

The Committee of Ministers recognises the leading role of the World Health Organisation (WHO) when it comes to pandemic prevention and response. It concurs with the Parliamentary Assembly on the importance and added value of synergy and co-operation between Council of Europe relevant bodies and the WHO, while respecting the complementarity of the work of the respective organisations and bodies. In this context, it informs the Assembly that the CDBIO is committed to co-operation and communication with other organisations and bodies as outlined in its Strategic Action Plan on Human Rights and Technologies in Biomedicine (2020-2025) and enjoys longstanding co-operation with the WHO. Furthermore, the Council of Europe is an associated member of the UN Inter-Agency Committee on Bioethics (UNIACB) where it exchanges information and co-ordinates relevant activities with UN agencies, including the WHO.

In conclusion, the Committee of Ministers invites member States to consider implementing the recommendations set out in Resolution 2424 (2022) “Beating Covid-19 with public health measures” and in Resolution 2329 (2020) on “Lessons for the future from an effective and rights-based response to the Covid-19 pandemic.”

Recommendation CM/Rec(2022)20 of the Committee of Ministers to member States on human rights and the protection of the environment

In a Recommendation on human rights and the protection of the environment adopted on 27 September 2022, the Council of Europe calls on its 46 member states to actively consider recognising, at national level, the right to a clean, healthy and sustainable environment, as a human right.

Considering that measures to address the triple planetary crisis of climate change, loss of biodiversity and pollution are essential to the better enjoyment of human rights, the Committee of Ministers underlines the increased recognition of some form of the right to a clean, healthy and sustainable environment in international legal instruments (including regional human rights instruments) and national constitutions, legislation and policies.

In the implementation of this Recommendation, member states should ensure respect for a number of principles, according to the Committee: general principles of international environmental law, such as the no harm principle, the principle of prevention, the principle of precaution and the polluter pays principle; the need for intergenerational equity; the no discrimination principle; access without discrimination to information and justice in environmental matters, participation in environmental decision-making and environmental education.

The Committee also expresses concern about the disproportionate effect environmental degradation may have and calls on member states to take adequate measures to protect the rights of those who are most vulnerable to, or at particular risk from, environmental harm.
In addition, the Recommendation stresses the importance for governments to co-operate with sub-national entities, civil society, national human rights institutions, regional institutions for the protection and promotion of human rights, environmental human rights defenders, economic stakeholders, indigenous peoples and local communities, cities and regions.

Finally, member states are encouraged to require business enterprises to act in compliance with their human rights responsibilities related to the environment.

PART IV – SPECIAL REPRESENTATIVE OF THE SECRETARY GENERAL ON MIGRATION AND REFUGEES

The Special Representative of the Secretary General on Migration and Refugees addressed the issues of access to healthcare and need for psychological support during her last fact-finding visits. These were conducted to member states affected by the sudden and unforeseen influx of refugees fleeing the conflict in Ukraine (Slovakia, Czech Republic, Poland and Moldova). They pursued the aim of providing adequate assistance on the ground, in line with the 5-year Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe. Following the visits, reports on Slovakia, Czech Republic, Poland and Moldova have been published after a discussion in the Committee of Ministers on the 13 July and 27 September 2022 and are now public.

Among the follow-up activities implementing the recommendations of the reports, a “Seminar on Psychological Support to Refugees: Strengthening Professional Capacities” – was organised in the Republic of Moldova on 15-17 June 2022. As this need was identified by the Moldovan authorities, the event aimed to strengthen professional capacities to provide psychological support for refugees, The seminar was addressed to psychologists, psychiatrist, social workers and other relevant professionals providing psychological counselling and treatment to refugees, with a particular focus on people fleeing Ukraine.

As a follow-up to this pilot event - a two-year fully-fledged project is being developed by the cooperation division with a component on psychological support.

[1] In comparison to 1224 individuals enrolled in the course versions by 3 July 2020 (English 388, French 90, German 17, Armenian 8, Italian 176, Romanian 39, Russian 163, Spanish 287, Ukrainian 56)

[2] See CM/AS(2019)Rec2156-final.