Integration of the International Covenant on Civil and Political Rights into the European Convention on Human Rights

Doc. 9361

5 February 2002

Integration of the International Covenant on Civil and Political Rights into the European Convention on Human Rights

Motion for a recommendation

presented by Mr Jean-Louis Masson and others

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

Since establishing the European Court of Human Rights (ECHR), the Council of Europe has played a pioneering role at international level in safeguarding human rights. Owing to the binding character of its decisions, the main principles for the protection of the individual have become a reality.

The European Court of Human Rights attracts a great deal of attention and has a far greater impact than the UN Human Rights Committee, whose opinions are non-binding. Nonetheless, there are a number of specific fields in which the European Convention on Human Rights and its interpretation by the European Court of Human Rights fall short of the protection provided by the UN Human Rights Committee when applying the provisions of the International Covenant on Civil and Political Rights.

As most Council of Europe member states are signatories to the International Covenant, it would be logical for them to agree that the European Court of Human Rights should be able to give binding force to the guarantees set out in the Covenant.

The Assembly therefore asks the Committee of Ministers to draw up an additional protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms incorporating the aforementioned International Covenant in the European Convention on Human Rights.

Signed (see overleaf)

Signed: ¹

Masson, France, EDG

Berceanu, Romania, SOC

Briane, France, EPP/CD

Brînzan, Romania, SOC

Clerfayt, Belgium, LDR

Dedja, Albania, SOC

Dreyfus-Schmidt, France, SOC

Evin, France, SOC

Galoyan, Armenia, EPP/CD

Glesener, Luxembourg, EPP/CD

Goulet, France, EDG

Grignon, France, EPP/CD

Henry, Belgium, SOC

Manukyan, Armenia, UEL

Neguta, Moldova, UEL

Olteanu, Romania, SOC

Prisăcaru, Romania, SOC

Roudy, France, SOC

Tepshi, Albania, EPP/CD

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