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Council of Europe

last updated November 1, 2003

The Council of Europe (COE), founded in 1948, is an intergovernmental organization of 45 European states with a broad mandate to protect human rights and the rule of law, to encourage development of Europe's cultural identity, to find solutions to problems facing European countries and to promote democratic stability in Europe. Within its general human rights framework, the Council of Europe "seeks to combat any interference with women's liberty and dignity," which includes all forms of violence against women, and to "eliminate discrimination based on sex."

The Council of Europe's human rights legal system is founded on two treaties: the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) and the European Social Charter (Charter). Ratification of the European Convention is now de facto a requirement for membership in the Council of Europe. The European Convention lists fundamental civil and political rights while the Charter outlines economic and social rights.

The Committee of Ministers
The Committee of Ministers is the decision-making body of the Council of Europe, consisting of the foreign affairs ministers of each member State. The Council of Europe describes the Committee of Ministers as "both a governmental body, where national approaches to problems facing European society can be discussed on an equal footing, and a collective forum, where Europe-wide responses to such challenges are formulated." The Committee of Ministers works closely with the Parliamentary Assembly to monitor State compliance with international law obligations.

The Parliamentary Assembly
The Parliamentary Assembly is one of two statutory organs of the Council of Europe and is made up of 626 members, elected by their national parliaments and based on the country's population size. One of the members is then elected to serve as Assembly President. The work of the Parliamentary Assembly is carried out by specialized committees, which address such issues as human rights, social, health and family affairs, economic affairs and development and equal opportunities for men and women. The Assembly meets quarterly in Strasbourg, France in sessions in which European and world events that require Council of Europe action are discussed. The sessions are open to the public. Non-governmental organizations (NGOs) can take part in some activities of the Parliamentary Assembly's Committees (such as the Committee on Equal Opportunities for Women and Men) as observers and can also provide information to the Assembly through other channels. The Parliamentary Assembly regularly adopts resolutions that provide guidelines for the Committee of Ministers as well as national governments. The Parliamentary Assembly initiates the drafting of European treaties. The Assembly also holds conferences and public hearings on specific topics, such as violence. The Parliamentary Assembly should not be confused with the European Parliament, which is a body of the European Union that consists of 15 directly elected representatives from the EU member States.

The Commissioner for Human Rights
In 1999, the Council of Europe created the office of the Commissioner for Human Rights. The Commissioner is elected by the Parliamentary Assembly and has three main functions: (1) to promote education in and awareness of human rights in Europe; (2) to identify "shortcomings in the law and practice of member States with regard to compliance with human rights"; and (3) to help promote the "observance and full enjoyment of human rights, as embodied in the various Council of Europe instruments." The current Commissioner for Human Rights is Alvaro Gil-Robles. The Commissioner principally carries out his work through official visits to member States and through seminars and conferences. The Commissioner has held annual meetings with NGO representatives, government officials, members of intergovernmental organizations and religious authorities on such issues as the rights of the elderly and the situation in Chechnya.

One important function of the Commissioner for Human Rights is the presentation of conclusions and recommendations, which can arise from an official visit, a seminar or independently. The Commissioner's recommendations are presented in one of two forms: in a visit report to the Committee of Ministers and the Parliamentary Assembly on a particular country, for example Bulgaria, Slovakia, Moldova, Georgia and the Russian Federation, or as Recommendations on a specific and widespread human rights problem, addressed generally to all member States. While the function of the Commissioner for Human Rights resembles that of the United Nations Special Rapporteurs, the Commissioner cannot receive individual complaints or present them to national or international courts or to administrative bodies. The Commissioner's functions are limited to issuing conclusions or recommendations of a general nature that may be based on individual complaints. The Commissioner can encourage governments to take action at the national level, through cooperation with national human rights structures, such as the Ombudsman for Human Rights.

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Related Subjects
European Union
Organization for Security and Cooperation in Europe
Stability Pact For Southeastern Europe