Rules of Procedure of the Assembly (January 2023)
(Resolution 1202 (1999) adopted on 4 November 1999) with subsequent modifications of the Rules of Procedure* 
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Elections by the Parliamentary Assembly Retour au sommaire Atteindre l'élement suivant Atteindre l'élement précédent
iii. - Election of the Council of Europe Commissioner for Human Rights
in accordance with Articles 9 to 11 of Resolution (99)
50 (adopted by the Committee of Ministers on 7 May 1999 at its 104th
Session)
The Committee of Ministers,
Considering that the aim of the Council
of Europe is the achievement of greater unity between its Members
and that one of the methods by which that aim is to be pursued is
the maintenance and further realisation of human rights and fundamental
freedoms;
Having regard to the decisions taken
by the Heads of State and Government of the Member States of the
Council of Europe at their Second Summit (Strasbourg, 10-11 October
1997);
Considering also that the 50th Anniversary
of the Council of Europe provides an occasion to enhance further
the work undertaken since its creation,
Decides to institute the office of
Council of Europe Commissioner for Human Rights (“the Commissioner”)
with the following terms of reference:
Article 1
1. The Commissioner
shall be a non-judicial institution to promote education in, awareness of
and respect for human rights, as embodied in the human rights instruments
of the Council of Europe.
2. The Commissioner
shall respect the competence of, and perform functions other than those
fulfilled by the supervisory bodies set up under the European Convention
of Human Rights or under other human rights instruments of the Council
of Europe. The Commissioner shall not take up individual complaints.
Article 2
The Commissioner shall function independently
and impartially.
Article 3
The Commissioner shall:
a. promote education
in and awareness of human rights in the member states;
b. contribute to
the promotion of the effective observance and full enjoyment of
human rights in the member states;
c. provide advice
and information on the protection of human rights and prevention
of human rights violations. When dealing with the public, the Commissioner
shall, wherever possible, make use of and co-operate with human
rights structures in the member states. Where such structures do
not exist, the Commissioner will encourage their establishment;
d. facilitate the
activities of national ombudsmen or similar institutions in the
field of human rights;
e. identify possible
shortcomings in the law and practice of member states concerning
the compliance with human rights as embodied in the instruments
of the Council of Europe, promote the effective implementation of
these standards by member states and assist them, with their agreement,
in their efforts to remedy such shortcomings;
f. address, whenever
the Commissioner deems it appropriate, a report concerning a specific matter
to the Committee of Ministers or to the Parliamentary Assembly and
the Committee of Ministers;
g. respond, in the
manner the Commissioner deems appropriate, to requests made by the Committee
of Ministers or the Parliamentary Assembly, in the context of their
task of ensuring compliance with the human rights standards of the
Council of Europe;
h. submit an annual
report to the Committee of Ministers and the Parliamentary Assembly;
i. co-operate with
other international institutions for the promotion and protection
of human rights while avoiding unnecessary duplication of activities.
Article 4
The Commissioner shall take into account
views expressed by the Committee of Ministers and the Parliamentary
Assembly of the Council of Europe concerning the Commissioner’s
activities.
Article 5
1. The Commissioner
may act on any information relevant to the Commissioner’s functions. This
will notably include information addressed to the Commissioner by
governments, national parliaments, national ombudsmen or similar
institutions in the field of human rights, individuals and organisations.
2. The gathering
of information relevant to the Commissioner’s functions shall not
give rise to any general reporting system for member states.
Article 6
1. Member states
shall facilitate the independent and effective performance by the
Commissioner of his or her functions. In particular, they shall
facilitate the Commissioner’s contacts, including travel, in the
context of the mission of the Commissioner and provide in good time information
requested by the Commissioner.
2. The Commissioner
shall be entitled, during the exercise of his or her functions,
to the privileges and immunities provided for in Article 40 of the
Statute of the Council of Europe and in the agreements made thereunder.
Article 7
The Commissioner may directly contact
governments of member states of the Council of Europe.
Article 8
1. The Commissioner
may issue recommendations, opinions and reports.
2. The Committee
of Ministers may authorise the publication of any recommendation,
opinion or report addressed to it.
Article 9
1. The Commissioner
shall be elected by the Parliamentary Assembly by a majority of
votes cast from a list of three candidates drawn up by the Committee
of Ministers.
2. Member states
may submit candidatures by letter addressed to the Secretary General. Candidates
must be nationals of a member state of the Council of Europe.
Article 10
The candidates shall be eminent personalities
of a high moral character having recognised expertise in the field
of human rights, a public record of attachment to the values of
the Council of Europe and the personal authority necessary to discharge
the mission of the Commissioner effectively. During his or her term
of office, the Commissioner shall not engage in any activity which
is incompatible with the demands of a full-time office.
Article 11
The Commissioner shall be elected for
a non-renewable term of office of six years.
Article 12
1. An Office of the
Commissioner for Human Rights shall be established within the General Secretariat
of the Council of Europe.
2. The expenditure
of the Commissioner and the Office of the Commissioner shall be
borne by the Council of Europe.