Conventions

The Council of Europe's human rights system is based on three treaties: the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention), the European Social Charter (Charter), and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

The Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) entered into force in 1953 and is the Council of Europe (COE) treaty which lists a number of fundamental civil and political rights. The European Convention applies equally to men and women. Article 14 of the treaty states, "(t)he enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status." The European Convention guarantees the rights to life (Article 2), the right to liberty and security of person (Article 5) and the right to be free from torture, inhuman or degrading treatment (Article 3). The treaty also sets forth a woman's right to an effective legal remedy before a national authority if her human rights are violated (Article 13).

The European Convention establishes the European Court of Human Rights which together with the Committee of Ministers constitutes the enforcement mechanism for the European Convention. The European Convention was followed by a number of Protocols, which enumerate additional rights and freedoms to the treaty, such as the right to education, freedom of movement, the right of appeal, equality between spouses and the abolition of the death penalty in COE member States. As of 1998, when Protocol 11 was adopted, the earlier protocols are now read into the text of the European Convention.

The European Social Charter (ETS No. 35)  guarantees 19 basic economic and social rights and entered into force in 1965. The Charter is divided into five parts. Part I of the Charter lists 19 "rights and principles," generally concerning the right to work, including the equal right to work, the right to just work conditions, the right to safe and healthy work conditions and the right to social and economic protection. Part II elaborates on the obligations State parties undertake to ensure the protection of each of the rights and principles enumerated in Part I. States must undertake to be bound by at least 10 of the 19 articles (or 45 of the numbered paragraphs in Part II of the Charter) in order to become a State party. Of the 19 articles, however, seven are regarded as particularly significant (addressing, for example, the right to work, the right to social security, the right to social and medical assistance and social, legal and economic protection for the family). The Council of Europe requires that State parties agree to at least five of these seven articles.

Part IV of the Charter creates a supervisory system under which State parties are obligated to submit periodic national reports, every two years, to the Secretary General of the Council of Europe on the application of the provisions listed in Part II. Once the appropriate bodies have reviewed the reports, the Committee of Ministers may issue recommendations to the governments of the State parties concerned. In 1998, the enforcement of the Charter was significantly expanded by the entry into force of an Additional Protocol Providing for a System of Collective Complaints (ETS No. 158). The Additional Protocol allows non-governmental organizations (NGOs) with consultative status to submit complaints to the Secretary General alleging noncompliance with the provisions of the Charter. In the case of a State party violation of the Charter, the Committee of Ministers adopts a recommendation describing the measures the State should undertake to remedy the situation. The collective complaint mechanism is described in more detail in the European enforcement mechanisms section of this site.

In 1996, the Council of Europe revised the Charter in order to adapt to "fundamental social changes which have occurred since the (original) text was adopted." The revised European Social Charter (ETS No. 163) entered into force in 1999 and is a single document that embodies the original 1961 Charter and the Additional Protocol, as well as a number of new rights and amendments. The revised Charter lists 31 rights. Significantly, for advocates for women's rights, a majority of the additions directly and positively impact women. The new rights contained in the revised Charter are as follows: the right to protection against poverty and social exclusion; the right to housing; the right to protection in cases of termination of employment; the right to protection against sexual harassment in the workplace and other forms of harassment; the rights of workers with family responsibilities to equal opportunities and equal treatment; and the right of workers to be consulted about work-related changes. The amendments to the 1961 Charter include reinforcing the "principle of non-discrimination; improvement of gender equality in all fields covered by the treaty; [and] better protection of maternity and social protection of mothers."

The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS 126) entered into force in 1989. The treaty does not include substantive prohibitions on torture and mistreatment but establishes the European Committee for the Prevention of Torture, which is a non-judicial body that carries out both periodic country visits and also ad hoc visits to places of detention. The term 'places of detention' is understood broadly to include such facilities as prisons, police cells, military barracks and mental hospitals. After a country visit, the Committee generally issues a confidential report, which includes recommendations to the State party. The Convention resulted from an understanding that while domestic laws prohibit torture and other forms of degrading treatment, there was a need for more effective international measures to improve protection of persons in detention. Explanatory notes about the Convention clarify that the Committee is not a judicial body, but serves in a cooperative capacity with individual countries. The Committee does not, therefore, receive individual complaints, as does the UN Committee Against Torture, but it will consider communications from individuals and groups. More information about the communications process can be found in the European enforcement mechanisms section of this site. While the scope of the Committee's work is narrow, women's rights advocates may wish to bring the Committee's attention to cases of violence against women, such as sexual assault, that occur in places of detention.

Council of Europe Resolutions and Recommendations 

In 1993, the 3rd European Ministerial Conference on equality between women and men was devoted to the issue of violence against women as a human rights abuse. At this time, a working group was formed to create a Plan of Action to combat violence against women. The final report of the group was completed in 1997 and includes recommendations to combat violence against women at both the national and international level, as well as a compilation of the main texts of the Council of Europe in the area of violence against women since 1995. These materials can be accessed and ordered from the Documents page of the Steering Committee for Equality between Women and Men.

Since the creation of the Plan of Action, the Council of Europe's legislative bodies have passed resolutions that reiterate the commitment to combat violence against women.

• In 1997, the Parliamentary Assembly of the Council of Europe expressed concern for the increased violence against women in member States when it adopted Resolution 1325 on traffic in women and forced prostitution in Council of Europe member States. Resolution 1325 defines trafficking in women as "a form of inhuman and degrading treatment and a flagrant violation of human rights" requiring "urgent and concerted action on the part of the Council of Europe, its individual member States and other international organizations." Resolution 1325 includes recommendations for member States to take such action as increasing awareness of the problem, training of immigration officials, creating special police structure to combat trafficking and ensuring the protection, reintegration and rehabilitation of victims. For more information on European initiatives to combat trafficking in women, see the Trafficking: Law and Policy section on Regional Law and Standards.
• In 2000, the Parliamentary Assembly adopted Recommendation 1450 on violence against women in Europe which addresses violence against women broadly. Resolution 1450 condemns violence against women (including domestic violence, rape and trafficking) as " a general violation of their rights as human beings - the right to life, safety, dignity and physical and psychological well-being." The Parliamentary Assembly also recommended that the Committee of Ministers create a European program to combat violence against women that would include harmonizing national law with European law, ensuring the protection of victims through the legal system, the creation of services for women, the training of members of the law enforcement and judicial systems and the establishment of closer cooperation with European Union and between state institutions and NGOs.
• In 2002, the Parliamentary Assembly adopted Recommendation 1582 on domestic violence against women in which it reiterated that "Domestic violence is the most common form of violence against women and its consequences affect many areas of the lives of victims — housing, health, education and the freedom to live their lives without fear and in the way they wish." Resolution 1582 states that domestic violence violates criminal law and therefore the Parliamentary Assembly urges member States "to recognize that they have an obligation to prevent, investigate and punish the acts of domestic violence and to provide protection to victims." Resolution 1582 also includes specific measures that member States should adopt, including to provide victims of domestic violence with free legal advice, to protect victims throughout the legal process, to provide financial assistance, to train professionals to work with victims of domestic violence, to launch awareness-raising campaigns and to improve the gathering of statistics related to domestic violence.
• The Committee of Ministers has also clearly condemned violence against women, first through a 2000 recommendation to member States on trafficking for the purposes of sexual exploitation. Recommendation No. R (2000) 11 on action against trafficking in human beings for the purpose of sexual exploitation states that trafficking "constitutes a violation of human rights and an offence to the dignity and the integrity of the human being." The Committee of Ministers recommends that national governments take specific actions to combat trafficking, through the legal system, collaboration between countries and with NGOs and through research and education. For more information on European initiatives to combat trafficking in women, see the Trafficking: Law and Policy section on Regional Law and Standards.
• In 2002, the Committee of Ministers adopted Recommendation Rec(2002)5 on the protection of women against violence. This Recommendation states "violence towards women is the result of an imbalance of power between men and women and [leads] to serious discrimination against the female sex, both within society and within the family" and reaffirms that "violence against women both violates and impairs or nullifies the enjoyment of their human rights and fundamental freedoms." Because "violence against women runs counter to the establishment of equality and peace and constitutes a major obstacle to citizens' security and democracy in Europe," the Committee of Ministers recommends that national governments review their legislation to ensure that women's rights are guaranteed, to exercise due diligence to prevent and punish acts of violence, to encourage participation of men in combating violence against women and to promote research of the problem. The Recommendation is explicit that "It is the responsibility and in the interest of states as well as a priority of national policies to safeguard the right of women not to be subjected to violence of any kind or by any person" and therefore member States are to introduce polices that protect, support and assist victims and hold perpetrators of violence legally accountable for their acts.