Council of Europe’s main objectives are protection and promotion of human rights, democracy and the rule of law, through the creation of a common democratic and legal area, in which cooperation between all Member States can permit to formulate effective solutions to the present problems facing the European continent.
These principles, which are the foundations of stability, tolerance and social cohesion, are pursued through purely political activities – carried out in the framework of the Committee of Ministers (the collegial body of the Organization) – as well as inter-governmental regulatory, monitoring and cooperation activities with the members countries.
In an effort to promote the awareness and the development of Europe’s cultural identity, safeguarding, at the same time, diversity and specific characteristics of the various member countries, the Council of Europe pursues concrete targets, in the framework of the following three main “pillars” in which it operates.
HUMAN RIGHTS
The defense of the human rights enshrined in the European Convention on Human Rights (adopted in 1950) and other instruments of protection of fundamental rights represents a priority for the Council of Europe.
Ranging from protection to promotion of human rights, the Council of Europe supports equality, striving to ensure the enjoyment of civil, political and social rights, and paying particular attention to the rights of the most vulnerable groups (children, women, minorities, etc.).
In this sense, the commitment of the Commissioner for human rights, an independent institution conceived with the task of promoting the effective observance of human rights as well as education and human rights awareness in the Member States, is fundamental.
Within intergovernmental regulatory activities, a major role is played by the Steering Committee for Human Rights (CDDH), which is composed of representatives of Member States and contributes to the development of human rights through the development of both new binding and soft-law instruments on human rights, taking utmost account of the evolution of case-law of the European Court of Human Rights.
The CDDH is tasked with overseeing the various protection and promotion of human rights, thanks to the contribution of subordinated structures dedicated to the reform of the European Court of Human Rights (DH-SysC), and related issues bioethics (DH-BIO), as well as from time to time established drafting groups on specific issues (human rights in culturally diverse societies, human rights and business, etc.).
Thanks to the activities of the Committee, for example, three important Additional Protocols to the European Convention on Human Rights have been adopted: Protocol No. 12 which prohibits all forms of discrimination, the Protocol No. 13 abolishing death penalty in any circumstances and the Protocol No.14 which amended the Convention control system.
The ad hoc Committee of Experts on the Rights of Persons with Disabilities (CAHDPH) advises and supports Member States in the definition and implementation of policies and actions in favor of people with disabilities and has the task of preparing 2017/2023 Action Plan of the Council of Europe for people with disabilities, as well as to promote its implementation.
The work of the Ad hoc Committee of Experts on Roma issues (CAHROM), which is responsible for supervising the implementation of national policies for the inclusion of Roma communities, is transversal and intended to promote the standards of the Council of Europe and to identify good practice in the field. The CAHROM, more generally, is responsible for monitoring the evolution of the situation of Roma in Europe, in order to develop tools for the development and implementation of policies to promote the rights of these communities.
As for monitoring mechanisms, in addition to the European Court of Human Rights, there are several bodies that are competent in specific areas:
The European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment (CPT) is a non-judicial, preventive mechanism, set up under the Council of Europe’s “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment” (opened for signature on 26 November 1987, ratified by Italy on 29 December 1988, it entered into force on 1 February 1989). Based on the principles of cooperation with national authorities and confidentiality, the CPT’s work is a system of visits carried out (regularly or ad hoc) by delegations composed of a few committee members (elected by the Committee of Ministers on proposal of the States Parties). The visits take place in prisons, detention centers for minors and foreigners, in police stations, psychiatric hospitals, nursing homes, etc.
Upon completion of each visit, the CPT establishes a kind of dialogue with the state authorities object of the visit, addressing to them a detailed report including recommendations, comments and requests for information deemed necessary. The report is then published, after authorization by the state concerned, together with the comments of the national authorities.
The last monitoring visit carried out by the CPT in Italy dates back to April 2016, but its report has not yet been made public. In December 2016 they published a report on a visit ad hoc, aimed at examining the conditions of treatment of a group of Nigerians during a return operation, which highlighted some critical issues relating to the full respect of the principle of non-refoulement. In particular, according to the abovementioned report, the CPT claimed that some Nigerian citizens subject to the return procedure were still waiting for the response of the courts of appeal on their request for asylum.
The mission of the European Committee of Social Rights (ECSR) is to judge that State Parties are in conformity in law and in practice with the provisions of the European Social Charter (opened for signature in Turin on 18 October 1961, ratified by Italy on 22 October 1965 and entered into force on 26 February 1965, it was amended in 1996). Composed of 15 independent and impartial experts, elected by the Committee of Ministers for a term of six years, renewable once, the ECSR has a dual role.
In examining the reports on the implementation of the provisions of the Charter – that the signatory states are required to submit periodically – the ECSR assesses the compliance of national legal frameworks with the standards established by the Charter and adopts its conclusions, published every year. If a state takes no action on a Committee decision to the effect that it does not comply with the Charter, the Committee of Ministers addresses a recommendation to that state, asking it to change the situation in law and/or in practice.
Italy, from 1967 to 2016, submitted 20 reports on the implementation of the Social Charter and 15 regarding the Charter amended.
In addition, the ECSR adopts decisions under the procedure of collective redress introduced under an Additional Protocol (opened for signature on 9 November 1995 and ratified by Italy on 3 November 1997, it entered into force on 1 July 1998). Trade unions and European and national workers’ organizations, international NGOs, and with the express consent of the State concerned, even national ones may, in fact, lodge an appeal with the Committee aimed at establishing alleged infringements of the rights enshrined in the Charter.
Since the entry into force of the Protocol up to 2016 13 class actions were filed against Italy, in five of which the ECSR established the breach of the Charter’s provisions.
The changes arising from the ECSR control system and affecting our national laws and practices are significant: for example, the influence on the legislation concerning the labor market with the introduction of an integrated approach to gender equality; the prohibition of discrimination in the workplace on grounds of religion, belief, disability, age and sexual orientation; the regulation of night work; etc.
The European Commission against Racism and Intolerance (ECRI), set up in 1993, is entrusted with the task of combating racism, racial discrimination, xenophobia, anti-semitism and intolerance in greater Europe in the light of the European Convention on Human Rights, its additional protocols and related case-law (Article 1 of ECRI’s Statute).
ECRI is composed of independent experts appointed by the governments of member states of the Council of Europe – and its main activities are monitoring, country by country, on racism and intolerance, on the basis of a system of regular visits which result in the publication of a report with ECRI’s conclusions and recommendations addressed to the state. Such monitoring is done in five-year cycles and allows the examination of the situation of 9/10 countries every year. The most recent visit of ECRI in Italy, under the fifth cycle of monitoring, took place in September 2015 and its report was made public in June 2016.
ECRI elaborates General Policy Recommendations which are addressed to all member states and provide guidelines which policy-makers are invited to use when drawing up national strategies and policies in various areas. So far, ECRI has adopted 16 recommendations about national laws concerning: combating racism, xenophobia, antisemitism and intolerance; specialised bodies to combat racism, xenophobia, antisemitism and intolerance at national level; combating racism and intolerance against Roma/Gypsies; national surveys on the experience and perception of discrimination and racism from the point of view of potential victims; combating intolerance and discrimination against Muslims; combating the dissemination of racist, xenophobic and antisemitic material via the Internet; national legislation to combat racism and racial discrimination; combating racism while fighting terrorism ; the fight against anti-Semitism; combating racism and racial discrimination in and through school education; combating racism and racial discrimination in policing; combating racism and racial discrimination in the field of sport; the fight against discrimination against Roma; combating racism and racial discrimination in employment; combating “Hate Speech”; safeguarding irregularly present migrants from discrimination.
Awareness-raising among the general public is essential to combat racism and intolerance. To this end, ECRI organizes frequent roundtables, works with NGOs and the media and develops training and information programs aimed at the citizens of the Member States.
The Group of Experts on Action against Trafficking in Human Beings (GRETA) is responsible for monitoring the implementation by Member States of the Council of Europe Convention against trafficking in human beings (opened for signature on 16 May 2005, ratified by Italy on 29 November 2010 and entered into force on 1 February 2008).
In the face of the expansion and taking root across Europe of the phenomenon of trafficking in human beings, the Council of Europe has, in fact, deemed necessary to develop a binding legal instrument which goes beyond mere recommendations addressed , from time to time, to individual states. The Convention, based on the principle that human trafficking is a violation of human rights and an affront to human dignity and integrity, has three objectives: to prevent trafficking, to protect the human rights of its victims and to prosecute traffickers.
In 2011, GRETA – made up of 15 independent and impartial experts – began its first round of visits. Monitoring visits are documented by the completion of evaluation reports on the measures taken to combat trafficking in human beings and on those aimed at protecting the victims of the phenomenon.
The first evaluation visit of GRETA in Italy took place in December 2013 and its report was published in 2014. In September 2016 GRETA carried out a visit to Italy, according to art. 7 of the Convention (which provides for an urgent inquiry and ad hoc visits if there is a situation that requires immediate attention), which addressed the issue of the forced returns of victims of trafficking. Its report was made public in January 2017.
The monitoring of the Framework Convention for the Protection of National Minorities (FCNM), opened for signature on February 1, 1995, ratified by Italy on 3 November 1997 and entered into force 1 February 1998, is entrusted to a committee of 18 independent experts elected by the Committee of Ministers, which is responsible for drawing up reports on legislation and practices regarding the protection of fundamental rights and freedoms of members of national minorities in the Council of Europe.
In particular, the activities of the committee includes examination of the periodic reports drawn up by individual states and on the basis of which, after a visit in the State concerned (during which the Committee meets governmental actors, representatives of national minorities and members of society civil active in the field of protection of national minorities), they draft an opinion that is transmitted to the State for comments four months before its publication. Afterwards, the Committee of Ministers adopts a resolution containing the conclusions and the recommendations addressed to the State for the implementation of the Framework Convention. The opinion on Italy, in the framework of the fourth monitoring cycle, was drafted after the last monitoring visit in July 2015 and published along with the comments of the Italian government in July 2016.
DEMOCRACY
The Council of Europe protects and promotes, in its member states, democratic stability and good democratic governance at national, regional and local level, by supporting and strengthening political, legislative and constitutional reforms.
As regards policy cooperation, the most active bodies are the Parliamentary Assembly (in representation of national democracy), the Congress of Local and Regional Authorities (mouthpiece of local democracy) and the Conference of INGOs (which represents civil society).
As for intergovernmental cooperation structures in this area, they include:
the European Committee on democracy and governance (CDDG) provides a forum for the exchange of information, perspectives and good practices between Member States, representatives of local and regional authorities and observers with regard to the attainment of an effective democratic governance at local level, cross-border cooperation and participation of citizens in political life in their communities.
The Steering Committee on the policy and practices regarding education (CDPPE) is dedicated to education and to the issues related to it; it is responsible for developing policies and innovative educational practices, inspired by the fundamental values promoted by the Council of Europe, which turn out to be the basis for the establishment of a constructive intercultural dialogue and the rooting of democratic citizenship values.
The Steering Committee on culture, heritage and landscape (CDCPP), which brings together the Member States of the European Cultural Convention (opened for signature on 19 December 1954, ratified by Italy on 16 May 1957 and entered into force on 5 May 1955), supervises, in the long term, the activities of the Council of Europe in the fields of culture, intercultural dialogue, heritage and landscape, in order to promote the socio-economic development and durable social and territorial cohesion.
The Joint Council on Youth (CMJ) is consecrated to young people. It aims to develop policies that promote the inclusion of young people in a society inspired by Council of Europe values of democracy and pluralism. The CMJ consists of two components: the governmental one, the European Steering Committee for Youth (CDEJ), composed of representatives of the 50 states parties to the European Cultural Convention, and the non-governmental one, the Advisory Council on Youth (CCJ), composed of representatives of the national youth councils and representatives of NGOs working in the field of youth.
Finally, it is important to mention the ad hoc European Committee for the World Anti-Doping Agency (Cahama), which coordinates the common action of the Member States of the Council of Europe and the relationship between them and the World Anti-Doping Agency (WADA).
RULE OF LAW
The Council of Europe supports the rule of law through programs aimed at combating the threats to it, represented today by terrorism and by a number of crimes (corruption, money laundering, organized crime and cybercrime), and at strengthening the rule of law itself.
In this context, intergovernmental cooperation bodies are essential.
In the field of defense against threats to the rule of law, there is the Committee of Experts on Terrorism (CODEXTER), responsible for monitoring the implementation of tools developed by the Council of Europe in the fight against terrorism, analyzing the legal capacity and Member States’ institutions in this area and facilitating the exchange of good practices.
Several intergovernmental committees operate also for the development and dissemination of common legal policies and standards in all the member countries.
The European Committee on Crime Problems (CDPC) is responsible for directing, in both procedural and material terms, legal intergovernmental cooperation in the field of criminal law and the fight against organized crime. The CDPC is assisted in its action by the Council of Europe’sCommittee of Experts on the Operation of European Conventions on Co-operation in Criminal Matters (PC-OC) and the Council for Penological Co-operation (PC-CP).
The European Committee on Legal Cooperation (CDCJ) is responsible for coordinating activities in the field of public and private law with specific reference to the legal areas of family law, children’s rights, administrative law, the issues of the recognition of nationality and the acquisition of citizenship.
The Committee of Legal Advisers on Public International Law (CAHDI) is a forum for the exchange of information in the field of public international law.
The Steering Committee on the Media and Information Society (CDMSI) is in charge of issues relating to the media, the information society and the protection of personal data. In particular, in order to contribute to the protection of freedom of expression, it monitors the implementation of the Council of Europe Strategy for Internet governance and the respect of independence and pluralism of the media. The ultimate goal is to enable modern information technologies to become concrete tools for the establishment and strengthening of human rights, of the rule of law and of an increasingly pluralistic democracy.
There are three advisory groups for the enhancement of the importance of the judiciary as a guarantor of democracy: the European Commission for the Efficiency of Justice (CEPEJ), whose objective is to improve the functioning of the legal system in the member states and the citizens’ trust in justice, through the analysis and identification of any questions relating to national legal systems and the definition of practical tools to improve the services offered to citizens; the Consultative Council of European Judges (CCJE), the body competent for independence, impartiality and competence of judges, and the Consultative Council of European Prosecutors (CCPE), the body that deals with matters relating to the effective functioning of public prosecutors in the different European criminal justice systems.
Finally, it is important to mention the MONEYVAL Committee of Experts, set up to monitor the implementation of an effective system combating money laundering and terrorist financing, in accordance with international standards.
COOPERATION PROGRAMS
In all three “pillars” on which Council of Europe’s activities are focused, a fundamental contribution is guaranteed by the cooperation with Member States. To implement cooperation programs, the Council of Europe cooperates with governmental and non-state actors of the 47 member countries.
With regard to the processes of reform and strengthening of national institutions, the Directorate General of Human rights and the rule of law provides support to Member States in order to create the conditions to ensure the compliance of national legislation with Council of Europe standards. It manages, inter alia, two technical cooperation programs: the one focused on capacity building in the field of law and human rights, which, in addition to promoting the knowledge of Council of Europe standards, encourages their application in accordance with the observations raised by the monitoring bodies, and the other dedicated to the issues of the Information Society and economic crimes, which operates for the consolidation of preventive measures in the field in question.
Several programs contribute to the strengthening of democracy: among these, the Confidence-Building Measures Programme (CBMs), which operates in the areas suffering from the consequences of recent conflicts or still subject to internal tensions between different communities, which constitutes the operational support to the political dialogue the international community strives to facilitate or restore among the population.
Among training programs, worthy of note are HELP (European training program on human rights for legal professionals), which supports the Council of Europe member states in implementing the European Convention on Human Right (ECHR) at the national level; ROMED (Roma Mediators training program), which equip mediators with the skills to facilitate communication between Roma communities and public institutions, particularly in schools, hospitals and employment offices; the Education Program for democratic citizenship and human rights, aimed at strengthening the democratic culture and preparing the younger generation for active participation in society, and the Pestalozzi program of teacher training whose aim is to carry the message of the Council of Europe and its values – democracy, respect for human rights and dignity and the rule of law – into the practice of education.
Finally, the dissemination of the principles of the Council of Europe is supported by numerous awareness campaigns promoted by the Council of Europe.
The campaign “Building a Europe for and with children” has an integrated approach, embracing all dimensions (social, legal, educational and health) relevant to the promotion of children’s rights and protection of children from violence.
Also the campaign “No Hate Speech”, which is targeted to young people and aims to combat hate speech online and offline, is remarkable.
THE RELATIONS WITH THE EUROPEAN UNION AND OTHER INTERNATIONAL ORGANIZATIONS
Of particular importance are the Council of Europe’s relations with the European Union. The two organizations, in fact, have a long tradition of cooperation based on the shared values of protection and promotion of human rights, democracy and the rule of law. The Warsaw Summit in 2005 (which was followed by the report of the Prime Minister of Luxembourg Jean-Claude Juncker “A common ambition for the European continent”) and the Memorandum of Understanding signed in May 2007 in Strasbourg, have definitely established the partnership between the Council of Europe and the European Union.
The most effective tool by which the two organizations pursue the common objectives, is represented by joint programs, which are projects targeted to a specific state or region. There are 60 joint programmes active today. Among them, we highlight the South Programme, which aims to strengthen human rights, the rule of law and democracy in the Southern neighborhood countries in accordance with European and international standards, and the PCF program (Programmatic Cooperation Framework), active in the Eastern partnership countries (all member States of the Council of Europe, except Belarus) in the five following areas: protection and promotion of human rights, strengthening of justice, combating the threats to the rule of law, challenges posed by the information society, promoting democratic governance.
Finally, there are the external offices of the Council of Europe, whose role is to provide assistance and to ensure the coordination with the local authorities in the preparation, negotiation and implementation of the cooperation activities, including cooperation programs with the European Union and other donors, as well as to coordinate local activities with other organizations and international institutions (EU, OSCE, UN).
Today there are 19 external offices (2 based in non-member States: Rabat and Tunis) and 4 Liaison Offices with other International Organizations: Vienna – OSCE and the UN; Brussels – EU; Warsaw – OSCE / ODIHR and the Community of Democracies; Geneva – UN. They have the task to facilitate coordination and information exchange in order to improve the visibility of the Council of Europe and to identify possible joint actions with other organizations.