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COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS (As/Jur)
The Committee on Legal Affairs and Human Rights plays a major role in promoting the rule of law and defending human rights in the Parliamentary Assembly. It is also responsible for a whole variety of activities that make it, de facto, the Assembly's legal adviser.
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The Committee (AS/Jur) comprises 84 members, together with their alternates. It deals with a huge range of legal topics, appointing parliamentary rapporteurs mandated to prepare reports based on solid in situ research and hearings of experts. This work culminates in resolutions and recommendations of the Parliamentary Assembly (PACE) addressed to member states and other Council of Europe bodies.
The Committee has four sub-committees: on human rights, on crime problems and the fight against terrorism, on rights of minorities, and on the election of judges to the European Court of Human Rights.
The Committee and its sub-committees play an important role in the election, by the Assembly, of the judges of the European Court of Human Rights and the Council of Europe Commissioner for Human Rights, as well as in the election, by the Committee of Ministers, of members of the European Committee for the Prevention of Torture.
When requested by the Committee of Ministers, the Assembly gives its opinion – usually based on a text prepared by the AS/Jur – on draft conventions prior to their final adoption (most recently on the draft Council of Europe Convention on Access to Official Documents).
The Committee sends representatives to meetings of numerous Council of Europe bodies, including the European Commission for Democracy through Law (Venice Commission) and the European Commission against Racism and Intolerance (ECRI).
After playing a key role in the Organisation's enlargement after the fall of the Berlin Wall (through its opinions on any new applications for Council membership), much of the Committee's work in recent years has focused on
- reinforcing the system of human rights protection in Europe
- respect for human rights in the fight against terrorism
- combating impunity
- combating discrimination and promoting respect for diversity
For more details, see the Committee's work programme. |
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Reinforcing the system of human rights protection in Europe
The Committee is keenly aware of the uniqueness of the European human rights protection system, in which the jewel in the crown is undeniably the European Convention on Human Rights (ECHR). Application of the ECHR is guaranteed by the European Court of Human Rights, which is struggling under the weight of applications.
The Committee is actively committed to guaranteeing the long-term effectiveness of the Convention system. It has considered the issue of the
effectiveness of the ECHR at national level and regularly examines the
implementation of judgments of the Court .
• Nomination of candidates and election of judges to the European Court of Human Rights (11/2008); see AS/Jur Report (Doc. 11767); see also the Report on candidates for the European Court of Human Rights (Doc. 11682) and Resolution 1627 (2008)
• The PACE’s contribution to the speedy and effective implementation of judgments of the European Court of Human Rights; see AS/Jur Report (Doc. 11020); Resolution 1516 (2006) and Recommendation 1764 (2006)
• Accession of the European Union to the ECHR should guarantee a coherent Europe-wide system of human rights protection (04/2008); see AS/Jur Report (Doc. 11533); Resolution 1610 (2008) and Recommendation 1834 (2008)
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Work in progress: The Committee is currently preparing a report on "Guaranteeing the authority and effectiveness of the European Convention on Human Rights". The Committee also has an ongoing brief to present reports on the implementation of the Strasbourg Court's judgments
NB: Non-ratification of Protocol No. 14 to the ECHR by the Russian Federation
The Committee has held several exchanges of views on this subject with representatives of the State Duma of the Russian Federation.
See:
http://assembly.coe.int/CommitteeDocs/2008/20080905_ajdoc45_2008.pdf |
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Respect for human rights in the fight against terrorism
In the new international climate that has emerged since the terrorist attacks of 11 September 2001, the Committee has been at the forefront of the Assembly's condemnation of all forms of terrorism. In its reports, the Committee has insisted that terrorism can and must be combated effectively by means that fully respect human rights and the rule of law.
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Combating impunity
Impunity for grave human rights violations has been condemned in a number of reports recently adopted or being prepared by the Committee.
• AS/Jur proposes a course of action for the investigation aimed at bringing to justice the instigators of the murder of Georgiy Gongadze (07/2008); see AS/Jur Report (Doc 11686)
• The PACE appeals to judges, prosecutors and police officers in Belarus to show "courage and imagination" in order to mitigate the effects of abusive legislation (06/2008); see AS/Jur Report on Abuse of the criminal justice system in Belarus (Doc. 11464) and Addendum; Resolution 1606 (2008) and Recommendation 1832 (2008)
• The PACE criticises the "blatant lack of political will" of certain states and entities of the former Yugoslavia to prosecute war criminals (06/2007); see AS/Jur Report on Prosecution of offences falling within the jurisdiction of the International Criminal Tribunal for the former Yugoslavia (TPIY) (Doc 11281); Resolution 1564 (2007) and Recommendation 1803 (2007)
• The PACE invokes the Committee of Ministers’ responsibility vis-à-vis one of the most serious human rights situations affecting a member state (01/2006); see AS/Jur Report on Human rights violations in the Chechen Republic: the Committee of Ministers’ responsibility vis-à-vis the Assembly’s concerns (Doc. 10774 rev); Resolution 1479 (2006) and Recommendation 1733 (2006)
• Enforced disappearances are "on a par with torture and murder" (2005/2004); see AS/Jur Report on Enforced disappearances (Doc. 10679); Resolution 1463 (2005) and Recommendation 1719 (2005) / Report on Disappeared persons in Belarus (Doc. 10062); Resolution 1371 (2004) and Recommendation 1657 (2004)
Work in progress: The Committee is currently preparing reports on legal remedies for human rights violations in the North Caucasus region, the situation of human rights defenders in Council of Europe member states, protection of human rights in emergency situations, protection of "whistle-blowers", the obligation of member states of the Council of Europe to cooperate in prosecution of war crimes, protection of witnesses in the Balkans, and allegations of inhuman treatment of people and illicit trafficking in human organs in Kosovo. |
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Combating discrimination and respecting diversity
The Committee reiterates in its work that diversity must be seen not as a threat but as an opportunity, a source of enrichment, and that any attempt to impose an identity on an individual or group of people is inadmissible.
• The PACE welcomes the initiatives of Serbia regarding the rights of minorities, but draws up a list of other measures to be taken (06/2008); see AS/Jur Report (Doc. 11528); Resolution 1632 (2008) and Recommendation 1845 (2008)
• The PACE invites Turkey to take a "positive attitude" towards the ethnic Greek islanders on two Turkish Aegean sea islands (06/2008); see AS/Jur Report (Doc. 11629); Resolution 1625 (2008)
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Work in progress: The Committee is currently preparing reports on the situation of Roma in Europe, non-Muslim minorities in Turkey and the Muslim minority in Thrace (Greece) and discrimination on the basis of sexual orientation and gender identity. |
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