Doc. 8728
17 April 2000

Revision or preparation of an additional protocol to the European Convention on Human Rights to adapt it to current needs

Motion for a recommendation

presented by MM. Behrendt, Bindig, Wodarg and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      The Assembly,

1.       Is aware that after the end of World War II the Council of Europe made a vital contribution to the development of a peaceful and democratic Europe on the basis of pluralist democracy, and the observance of human rights and the rule of law; in the 50 years since the adoption of the European Convention on Human Rights (ECHR) the Council of Europe and its Parliamentary Assembly have to a large extent achieved these objectives and thus made considerable progress towards peaceful coexistence between peoples;

2.       Welcomes the fact that thanks to the 11^th Protocol, the procedural provisions of the ECHR were adapted to the new needs;

3.       Also welcomes the fact that ministers responsible for human rights will duly commemorate in November 2000 in Rome the 50^th anniversary of the adoption of the ECHR;

4.       Further considers that it is imperative to supplement the material rights enshrined in the ECHR; the Assembly refers also to the more recent proposals which have been dealt with in the Parliamentary Assembly (for example, Recommendations 1440 (2000), 1427 (1999) and 1327 (1997)), and in the Committee of Ministers (for example, Recommendation No. R (2000) 3;

5.       Accordingly recommends that the Committee of Ministers revise the ECHR or prepare an additional protocol thereto in which:

i.       human dignity is explicitly mentioned as the foundation of human rights;

ii.       the right to free elections ("democratic clause") is stipulated with wider scope;

iii.       the right to asylum is provided for;

iv.       the right to protection against environmental damage is stipulated;

v.       the right to education is guaranteed;

vi.       the right to data-protection is established;

vii.       the protection of the human body, including its genetic basis, is guaranteed and is not patentable ;

to enable the Council of Europe to continue performing its function as the custodian of human rights, the rule of law and democracy as efficiently as possible and in an up-to-date manner;

6.       Also recommends that in the interest of legal certainty and transparency, consideration be given to the possibility of codifying the text of the ECHR and the additional protocols yet to be incorporated into it;

7.       Recommends that the Committee of Ministers immediately take the necessary measures at Council of Europe level to allow the European Community (EU) to accede to the European Convention on Human Rights and its Protocols.

Signed : ¹

Behrendt, Germany, SOC

Arnau, Spain, SOC

Bindig, Germany, SOC

Bühler, Germany, EPP/CD

Colla, Belgium SOC

Cox, United Kingdom, SOC

Evangelisti, Italy, SOC

Gatterer, Austria, EPP/CD

Gross, Switzerland, SOC

Judd, United Kingdom, SOC

Neumann, Germany, SOC

Schieder, Austria, SOC

van’t Riet, Netherlands, LDR

Vis, United Kingdom, SOC

Wodarg, Germany, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group