Article 3

1. No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4

1. No one shall be held in slavery or servitude.

2. No one shall be required to perform forced or compulsory labor.

3. For purpose of this article the term "forced or compulsory labor" shall not include:

a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
b. any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service;
c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d. any work or service which forms part of normal civic obligations.

Article 5

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

a. the lawful detention of a person after conviction by a competent court;
b. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfillment of any obligation prescribed by law;
c. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offense or when it is reasonably considered necessary to prevent his committing an offense or fleeing after having done so.

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

3. Everyone arrested or detained in accordance with the provisions of Paragraph 1. c of this article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

Article 6

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2. Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law.

3. Everyone charged with a criminal offense has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defense; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7

1. No one shall be held guilty of any criminal offense on account of any act or omission which did not constitute a criminal offense under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offense was committed.

Article 8

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 9

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or in private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one��s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 10

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11

1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 12

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

Article 13

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Article 14

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Article 15 allows derogation from these commitments in times of war or other public emergency. The Secretary General of the Council of Europe must be kept fully informed of the measures which have been taken and the reasons for them.

SECTION II

Article 19, establishes the European Commission of Human Rights and the European Court of Human Rights, described elsewhere.

SECTION III

Article 26 notes "The Commission may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law, and within a period of six months after the date on which the final decision was taken."

Article 27 says the Commission shall not deal with any petition submitted anonymously, or which has already been examined by the Commission or has already been submitted to another international investigation, or settlement, or which the Commission believes constitutes an abuse of the right of petition.

Articles 20-37, describe the Commission��s functioning. (Discussed below.)

SECTION IV

Articles 38-56, describe the Court��s functioning. (Discussed below.)

PROTOCOLS

Protocol 1 (1952, entered into force in 1954) deals with rights to property, education, and free elections. Article 1 states "Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law." Article 2 states "No person shall be denied the right to education." Article 3 calls for "free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature."

Protocol 2 (1963, entered into force in 1970) gives the European Court of Human Rights competence to give advisory opinions.

Protocol 4 (1963, entered into force in 1968) states in Article 1 "No one shall be deprived of his liberty merely on the ground of inability to fulfill a contractual obligation." Article 2 allows everyone "1. the liberty of movement and freedom to choose his residence" and 2. "the liberty to leave any country, including his own." Article 3.1. states that "no one shall be expelled by means either of an individual or of a collective measure, from the territory of the State of which he is a national" and Article 4 states "Collective expulsion of aliens is prohibited."

Protocol 6 (1983, entered into force in 1985) concerns abolition of the death penalty. It notes a "general tendency in favor of abolition of the death penalty" and in Article 1 states "The death penalty shall be abolished. No one shall be condemned to such penalty or executed."

Article 2 states "A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law."

Protocol 7 (1984, entered into force in 1988) states in Article 1 "An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed:

(a) to submit reasons against his expulsion;
(b) to have his case reviewed; and
(c) to be represented for these purposes before the competent authority or a person or persons designated by that authority."

Article 2.1 states "Everyone convicted of a criminal offense by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law."

Article 4 states "1. No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for which he has already been fully acquitted or convicted in accordance with the law and penal procedure of that State."

Article 5 states "Spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. This article shall not prevent States from taking such measures as are necessary in the interests of the children."

European Social Charter, 1961, plus protocols and revised charter
The Charter was signed at Turin, Italy, on October 18, 1961, and entered into force on February 26, 1965

It notes that member States have established political rights and freedoms in the European Convention for the Protection of Human Rights and now are establishing a set of social rights. The Charter states:

"Considering that the enjoyment of social rights should be secured without discrimination on grounds of race, color, sex, religion, political opinion, national extraction or social origin" the governments agree that:

1. Everyone shall have the opportunity to earn his living in an occupation freely entered upon.

2. All workers have the right to just conditions of work.

3. All workers have the right to safe and healthy working conditions.

4. All workers have the right to a fair remuneration sufficient for a decent standard of living for themselves and their families.

5. All workers and employers have the right to freedom of association in national or international organizations for the protection of their economic and social interests.

6. All workers and employers have the right to bargain collectively.

7. Children and young persons have the right to a special protection against the physical and moral hazards to which they are exposed.

8. Employed women, in case of maternity, and other employed women as appropriate, have the right to a special protection in their work.

9. Everyone has the right to appropriate facilities for vocational guidance with a view to helping him choose an occupation suited to his personal aptitude and interests.

10. Everyone has the right to appropriate facilities for vocational training.

11. Everyone has the right to benefit from any measures enabling him to enjoy the highest possible standard of health attainable.

12. All workers and their dependents have the right to social security.

13. Anyone without adequate resources has the right to social and medical assistance.

14. Everyone has the right to benefit from social welfare services.

15. Disabled persons have the right to vocational training, rehabilitation and resettlement, whatever the origin and nature of their disability.

16. The family as a fundamental unit of society has the right to appropriate social, legal and economic protection to ensure its full development.

17. Mothers and children, irrespective of marital status and family relations, have the right to appropriate social and economic protection.

18. The nationals of any one of the Contracting Parties have the right to engage in any gainful occupation in the territory of any one of the others on a footing of equality with the nationals of the latter, subject to restrictions based on cogent economic or social reasons.

19. Migrant workers who are nationals of a Contracting Party and their families have the right to protection and assistance in the territory of any other Contracting Party.

An Additional Protocol to the European Social Charter signed in Strasbourg on May 5, 1988 and entered into force in 1992 contains: Right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex; Right to information and consultation (for workers); Right to take part in the determination and improvement of the working conditions and working environment; Right of elderly persons to social protection.

Contracting Parties are required to submit reports on the application of the Charter. This international supervision procedure was amended by a Protocol adopted in 1991 and has already been partially implemented following a decision by the Committee of Ministers asking the supervisory bodies to apply it as far as possible before entry into force.

The Additional Protocol providing for a system of collective complaints, adopted by the Committee of Ministers in 1995, will enter into force after ratification by five member States of the Council of Europe. Its aim is to increase the efficiency of the supervisory machinery of the Social Charter, by providing that in addition to the current procedure of examination of governmental reports, collective complaints alleging violations of the Charter may be dealt with.

The European Social Charter has been revised in order to update and extend its scope to new categories of rights. The revised Charter, adopted by the Committee of Ministers in 1996, will enter into force after three ratifications. The main innovations include:

— strengthening equality between women and men,
— the right of disabled persons to individual social integration, personal independence and participation in the life of the community,
— strengthening the right of children and young persons to social, legal and economic protection,
— the right to protection in cases of dismissal,
— the right to dignity at work,
— the right of workers with family responsibilities to equal opportunities and equal treatment,
— the right to protection against poverty and social exclusion,
— the right to adequate housing,
— a widening ban on discrimination.

Resolution of the Parliamentary Assembly on the Declaration on the Police,1979
Resolution 690 (1979) of the Parliamentary Assembly on the Declaration on the Police was adopted by the Parliamentary Assembly on May 8, 1979

This important statement should be read in conjunction with UN Code of Conduct for Law Enforcement Officials, 1979, and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990.

This Assembly document states (Appendix A):

1. A police officer shall fulfill the duties the law imposes upon him by protecting his fellow citizens and the community against violent, predatory and other harmful acts, as defined by law.

2. A police officer shall act with integrity, impartiality and dignity. In particular he shall refrain from and vigorously oppose all acts of corruption.

3. Summary executions, torture and other forms of inhuman or degrading treatment or punishment remain prohibited in all circumstances. A police officer is under obligation to disobey or disregard any order or instruction involving such measures.

4. A police officer shall carry out orders properly issued by his hierarchical superior, but he shall refrain from carrying out any order he knows, or ought to know, is unlawful.

5. A police officer must oppose violations of the law. If immediate or irreparable and serious harm should result from permitting the violation to take place he shall take immediate action, to the best of his ability.

6. If no immediate or irreparable and serious harm is threatened, he must endeavor to avert the consequences of this violation, or its repetition, by reporting the matter to his superiors. If no results are obtained in that way he may report to higher authority.

7. No criminal or disciplinary action shall be taken against a police officer who has refused to carry out an unlawful order.

8. A police officer shall not cooperate in the tracing, arresting, guarding or conveying of persons who, while not being suspected of having committed an illegal act, are searched for, detained or prosecuted because of their race, religion or political belief.

9. A police officer shall be personally liable for his own acts and for acts of commission or omission he has ordered and which are unlawful.

10. There shall be a clear chain of command. It should always be possible to determine which superior may be ultimately responsible for acts or omissions of a police officer.

Additional articles state (12) "police may never use more force than is reasonable." (13) Police should "receive clear and precise instructions" on the use of arms. (14) Police should assist persons in custody in obtaining needed medical attention.

Section B. on the status of police calls for proper professional training, material conditions allowing police to properly perform their duties, fair remuneration, the choice of whether to set up and join professional organizations, and (Article 11) "The rights of a police officer before courts or tribunals shall be the same as those of any other citizen."

Recommendation of the Committee of Ministers to Member States Concerning Custody Pending Trial, 1980
Adopted by the Committee of Ministers on June 27, 1980

I. General principles

1. Being presumed innocent until proved guilty, no person charged with an offense shall be placed in custody pending trial unless the circumstances make it strictly necessary. Custody pending trial shall therefore be regarded as an exceptional measure and it shall never be compulsory nor be used for punitive reasons.

II. Principles applicable to decisions on
custody pending trial

2. A person charged with an offense and deprived of his liberty shall be brought promptly before a judge or other person authorized by law to exercise judicial power.
    When the person concerned is brought before the judicial authority, the decision concerning custody shall be taken without delay.

3. Custody pending trial may be ordered only if there is reasonable suspicion that the person concerned has committed the alleged offense, and if there are substantial reasons for believing that one or more of the following grounds exist:

— danger of his absconding,
— danger of his interfering with the course of justice,
— danger of his committing a serious offense.

5. In considering whether custody should be ordered, the judicial authority shall have regard to the circumstances of the individual case, and in particular to such of the following factors as may be relevant:

— the nature and seriousness of the alleged offense,
— the strength of the evidence of the person concerned having committed the offense,
— the penalty likely to be incurred in the event of conviction,
— the character, antecedents and personal and social circumstances of the person concerned, and in particular his community ties,
— the conduct of the person concerned, especially how he has fulfilled any obligations which may have been imposed on him in the course of previous criminal proceedings.

10. The person concerned shall be entitled to be legally represented before the judicial authority on any occasion when the question of custody pending trial arises or is likely to arise.
    If custody pending trial is ordered he shall as soon as practicable be granted legal aid if his means are insufficient.

III. Principles applicable to alternative measures

15. When examining whether custody pending trial can be avoided, the judicial authority shall consider all available alternative measures, which may include the following:

— a promise of the person concerned to appear before the judicial authority as and when required and not to interfere with the course of justice,
— a requirement to reside at a specified address (e.g. the home, a bail hostel, a specialized institution for young offenders, etc.) under conditions laid down by the judicial authority,
— a restriction on leaving or entering a specified place or district without authorization,
— an order to report periodically to certain authorities (e.g. court, police, etc.),
— surrender of passport or their identification papers,
— provision of bail or other forms of security by the person concerned, having regard to his means,
— provision of surety,
— supervision and assistance by an agency nominated by the judicial authority.

Such measures shall be notified in writing and shall be clearly explained to the person concerned, who shall also be warned that he might be taken into custody if he fails to comply with them.

Declaration on Freedom of Expression
and Information,1982
This declaration was adopted by the Committee of Ministers on April 29, 1982

It states (4) "that the freedom of expression and information is necessary for the social, economic, cultural and political development of every human being, and constitutes a condition for the harmonious progress of social and cultural groups, nations and the international community."

It states (5) "the continued development of information and communication technology should serve to further the right, regardless of frontiers, to express, to seek, to receive and to impart information, whatever their source."

(6) "States have the duty to guard against infringements of the freedom of expression and information and should adopt policies designed to foster as much as possible a variety of media and a plurality of information sources, thereby allowing a plurality of ideas and opinions."

The following objectives are set forth for states to follow in the field of information and mass media (II):

(a) protection of the right of everyone, regardless of frontiers, to express himself, to seek and receive information and ideas, whatever their source, as well as to impart them under the conditions set out in Article 10 of the European Convention on Human Rights;
(b) absence of censorship or any arbitrary controls or constraints on participants in the information process, on media content or on the transmission and dissemination of information;
(c) the pursuit of an open information policy in the public sector, including access to information, in order to enhance the individual��s understanding of, and his ability to discuss freely, political, social, economic and cultural matters;
(d) the existence of a wide variety of independent and autonomous media, permitting the reflection of diversity of ideas and opinions;
(e) the availability and access on reasonable terms to adequate facilities for the domestic and international transmission and dissemination of information and ideas;
(f) the promotion of international cooperation and assistance, through public and private channels, with a view to fostering the free flow of information and improving communication infrastructures and expertise.

Participants (III) resolve to intensify cooperation in order:

(a) to defend the right of everyone to the exercise of the freedom of expression and information; (b) to promote, through teaching and education, the effective exercise of the freedom of expression and information; (c) to promote the free flow of information (d) to share experience in the media field and (e) to use new information and communication techniques...to broaden the scope of freedom of expression and information.

Recommendation of the Committee of Ministers to Member States on the European Prison Rules, 1987
This Recommendation, No. R (87) 3, was adopted by the Committee of Ministers on February 12, 1987

Part I

The basic principles

1. The deprivation of liberty shall be effected in material and moral conditions which ensure respect for human dignity and are in conformity with these rules.

2. The rules shall be applied impartially. There shall be no discrimination on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, birth, economic or other status. The religious beliefs and moral precepts of the group to which a prisoner belongs shall be respected.

3. The purpose of the treatment of persons in custody shall be such as to sustain their health and self-respect and, so far as the length of sentence permits, to develop their sense of responsibility and encourage those attitudes and skills that will assist them to return to society with the best chance of leading law-abiding and self-supporting lives after their release.

4. There shall be regular inspections of penal institutions and services by qualified and experienced inspectors appointed by a competent authority. Their task shall be, in particular, to monitor whether and to what extent these institutions are administered in accordance with existing laws and regulations, the objectives of the prison services and the requirements of these rules.

5. The protection of the individual rights of prisoners with special regard to the legality of the execution of detention measures shall be secured by means of a control carried out, according to national rules, by a judicial authority or other duly constituted body authorized to visit the prisoners and not belonging to the prison administration.

Part II

The management of prison

The allocation and classification of prisoners

11.1 In allocating prisoners to different institutions or regimes, due account shall be taken of their judicial and legal situation (untried or convicted prisoner, first offender or habitual offender, short sentence or long sentence), of the special requirements of their treatment, of their medical needs, their sex and age.

11.2 Males and females shall in principle be detained separately, although they may participate together in organized activities as part of an established treatment program.

11.3 In principle, untried prisoners shall be detained separately from convicted prisoners unless they consent to being accommodated or involved together in organized activities beneficial to them.

11.4 Young prisoners shall be detained under conditions which as far as possible protect them from harmful influences and which take account of their needs peculiar to their age.

12. The purpose of classification or re-classification of prisoners shall be:

a. to separate from others those prisoners who, by reasons of their criminal records or their personality, are likely to benefit from that or who may exercise a bad influence.

Accommodation

14.1 Prisoners shall normally be lodged during the night in individual cells except in cases where it is considered that there are advantages in sharing accommodation with other prisoners.

14.2 Where accommodation is shared it shall be occupied by prisoners suitable to associate with others in those conditions. There shall be supervision by night, in keeping with the nature of the institution.

15. The accommodation provided for prisoners, and in particular all sleeping accommodation, shall meet the requirements of health and hygiene, due regard being paid to climactic conditions and especially the cubic content of air, a reasonable amount of space, lighting, heat and ventilation.

16. In all places where prisoners are required to live or work:

a. the windows shall be large enough to enable all prisoners, inter alia, to read or work by natural light in normal conditions. They shall be so constructed that they can allow the entrance of fresh air except where there is an adequate air conditioning system. Moreover, the windows shall, with due regards to security requirements, present in their size, location and construction as normal an appearance as possible;

b. artificial light shall satisfy recognized technical standards.

17. The sanitary installations and arrangements for access shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in clean and decent conditions.

18. Adequate bathing and showering installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographic region, but at least once a week. Wherever possible there should be free access at all reasonable times.

19. All parts of an institution shall be properly maintained and kept clean at all times.

(Additional sections deal with personal hygiene, clothing and bedding, food, medical services, discipline and punishment, instruments of restraint, information to, and complaints by, prisoners, contact with the outside world, religious and moral assistance, retention of prisoners�� property, notification of death, illness, transfer, etc. and removal of prisoners.)

Recommendation of the Committee of Ministers to Member States Regarding Conscientious Objection to Compulsory Military Service, 1987
This Recommendation, No. R (87) 8, was adopted by the Committee of Ministers on April 9, 1987

It notes "in some member states where conscientious objection to compulsory military service is not yet recognized, specific measures have been taken with a view to improving the situation of individuals concerned."

It recommends "that the governments of member states, in so far as they have not already done so, bring their national law and practice into line" with the following basic principle:

1. Anyone liable to conscription for military service, who, for compelling reasons of conscience, refuses to be involved in the use of arms, shall have the right to be released from the obligation to perform such service, on the conditions set out hereafter. Such persons may be liable to perform alternative service.

Under alternative service (C.9) "in addition to civilian service, the state may also provide for unarmed military service, assigning to it only those conscientious objectors whose objections are restricted to the personal use of arms." (10) "Alternative service shall not be of a punitive nature. Its duration shall, in comparison to that of military service, remain within reasonable limits." (11) "Conscious objectors performing alternative service shall not have less social and financial rights than persons performing military service. Legislative provisions or regulations or regulations which relate to the taking into account of military service for employment, career or pension purposes shall apply to alternative service."

European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 1987
This Convention was passed on November 26, 1987 and entered into force on February 1, 1987

It provides a non-judicial mechanism of a preventative character with a view to strengthening, if necessary, the protection of persons deprived of their liberty against torture and inhuman or degrading treatment or punishment.

The Committee set up under the 1987 Convention, which is composed of persons of a variety of backgrounds, is entitled to visit any place where such persons are held by a public authority in order to examine their treatment.

Under the 1987 Convention, the Committee has unlimited access to any place of detention, including the right to move inside such places without restriction. It may interview in private persons deprived of their liberty and communicate freely with any person whom it believes can supply relevant information.

The information gathered by the Committee in relation to a visit, its report and its consultations with the State concerned are confidential, unless the State requests that it be made public.

Cooperation with the competent national authorities is one of the guiding principles recognized by the Convention. Nevertheless, if a country fails to cooperate or refuses to improve the situation in the light of the Committee��s recommendations, the Committee may decide to make a public statement.

Declaration on Equality of Women and Men, 1988
Adopted by the Committee of Ministers on November 16, 1988, 83rd Session

The Council of Europe member states,

1. Recalling that equality of women and men is a principle of human rights, upheld as a fundamental right in many international instruments to which they have subscribed and secured by national constitutions and laws:

2. Mindful of their undertaking, by virtue of the Statute of the Council of Europe, to observe such fundamental rights:

3. Convinced that the betterment and progress of humanity absolutely depend on due consideration of the aspirations, interests and talents of both sexes:

4. Observing that in present-day society inequalities between women and men persist de jure and de facto:

5. Aware that sex-related discrimination in the political, economic, social, educational, cultural, and any other fields constitutes impediments to the recognition, enjoyment and exercise of human rights and fundamental freedoms:

6. Convinced that resolute overall policies should be pursued for the effective achievement of equality between women and men, such policies to involve the authorities, groups and individuals:

I.

Reaffirm their commitment to the principle of equality of women and men, as a sine qua non of democracy and an imperative of social justice:

II.

Condemn all forms of sexism, as they have the effect of perpetuating the idea of superiority or inferiority of one of the sexes, and justifying the preponderance or dominance of one over the other:

III.

Deplore the under-utilization of human resources by the community resulting from the persistence of sexist attitudes and behavior patterns:

IV.

Welcome past and present activities aimed at the achievement of equal rights and opportunities for women and men at worldwide, regional and national levels:

V.

Assert their resolve and understanding:

a. to pursue and develop policies aimed at achieving real equality between women and men in all walks of life;
b. to continue work in the Council of Europe to further the effective achievement of equality between women and men;
c. to promote awareness of the imperatives of democracy and human rights in respect of equality of women and men:

VI.

Declare that the strategies to be applied for this purpose must enable women and men to receive equal treatment under the law and equal opportunities to exercise their rights and develop their individual gifts and talents. These strategies should provide for suitable measures — including temporary special measures aimed at accelerating de facto equality between women and men — relating to the following in particular:

a. protection of individual rights;
b. participation in political, economic, social and cultural life;
c. access to all levels of the civil service;
d. access to education and freedom of choice in education and initial and further vocational training;
e. rights of couples;
f. eradication of violence in the family and in society;
g. rights and duties with regard to children;
h. access to all professions, occupational advancement, and remuneration;
i. promotion of economic independence;
j. access to information;

VII.

Stress the importance for the achievement of the above-mentioned strategies of informing and educating people in a suitable way, and making them realize the injustices and adverse effects of inequalities of rights, treatment and opportunities, together with the need for unrelenting vigilance in order to prevent or remedy any act or form of discrimination founded on sex:

VIII.

Invite the member states not yet having done so to be parties:

a. to Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms and to the European Social Charter and its additional Protocol:
b. to the United Nations Convention on the Elimination of All Forms of Discrimination against Women:

and to apply the Nairobi Forward-looking Strategies for the Advancement of Women adopted by the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace (Nairobi, Kenya, 15-26 July 1985).

Declaration and Plan of Action on Combating Racism, Xenophobia, Anti-semitism and Intolerance
Adopted by the first summit of chiefs of state and government, October 9, 1993

We, Heads of State and Government of the Council of Europe member states,

Convinced that the diversity of traditions and cultures has for centuries been one of Europe��s riches and that the principle of tolerance is the guarantee of the maintenance in Europe of an open society respecting the cultural diversity to which we are attached;

Convinced that to bring about a democratic and pluralist society respecting the equal dignity of all human beings remains one of the prime objectives of European construction;

Alarmed by the present resurgence of racism, xenophobia and anti-semitism, the development of a climate of intolerance, the increase in acts of violence, notably against migrants and people of immigrant origin, and degrading treatment and discriminatory practices accompanying them;

Equally alarmed by the development of aggressive nationalism and ethnocentrism which constitute new expressions of xenophobia;

Concerned at the deterioration of the economic situation, which threatens the cohesion of European societies by generating forms of exclusion likely to foster social tensions and manifestations of xenophobia;

Convinced that these manifestations of intolerance threaten democratic societies and their fundamental values and undermine the foundations of European construction;

Reaffirming the values of solidarity which must inspire all members of society in order to reduce marginilization and social exclusion;

— Condemn in the strongest possible terms racism in all its forms, xenophobia, anti-semitism and intolerance and all forms of religious discrimination;
— Encourage member States to continue efforts already undertaken to eliminate these phenomena, and commit ourselves to strengthening national laws and international instruments and taking appropriate measures at national and European levels;
— Undertake to combat all ideologies, policies and practices constituting an incitement to racial hatred, violence and discrimination, as well as any action or language likely to strengthen fears and tensions between groups from different racial, ethnic, national, religious or social backgrounds;
— Launch an urgent appeal to European peoples, groups and citizens, and young people in particular, that they resolutely engage in combating all forms of intolerance and that they actively participate in the construction of a European society based on common values, characterized by democracy, tolerance and solidarity.

(A five-point Plan of Action follows, including a European Youth Campaign, inviting member States to reinforce legislative guarantees against all forms of discrimination, establish a committee of governmental experts to review member States�� legislation and prepare policy recommendations for member States, promote educational programs on human rights and cultural diversity, and request media professionals to report and comment on acts of racism and intolerance factually and responsibly.)

Recommendation of the Committee ofMinisters to Member States on the Independence, Efficiency and Role of Judges, 1994
Adopted by the Committee of Ministers on October 13, 1994

Principle I
General principles on the independence of judges

1. All necessary measures should be taken to respect, protect and promote the independence of judges.

2. In particular, the following measures should be taken;

a. The independence of judges should be guaranteed pursuant to the provisions of the Convention and constitutional principles, for example by inserting specific provisions in the constitutions or other legislation or incorporating the provisions of this recommendation in internal law. Subject to the legal traditions of each state, such rules may provide, for instance, the following:

i. decisions of judges should not be the subject of any revision outside any appeals procedures as provided by law;
ii. the terms of office of judges and their remuneration should be guaranteed by law;
iii. no organ other than the courts themselves should decide on its own competence, as defined by law;
iv. with the exception of decisions on amnesty, pardon...the government or the administration should not be able to take any decision which invalidates judicial decisions retroactively.

b. The executive and legislative powers should ensure that judges are independent and that steps are not taken which could endanger the independence of judges.
c. All decisions concerning the professional career of judges should be based on objective criteria, and the selection and career of judges should be based on merit, having regard to qualifications, integrity, ability and efficiency. The authority making the decision on the selection and career of judges should be independent of the government and the administration. In order to safeguard its independence, rules should ensure that, for instance, its members are selected by the judiciary and that the authority decides itself on its procedural rules.
    However, where the constitutional or legal provisions and traditions allow judges to be appointed by the government, there should be guarantees to ensure that the procedures to appoint judges are transparent and independent in practice and that the decisions will not be influenced by any reasons other than those related to the objective criteria mentioned above. The guarantees could be, for example, one or more of the following:

i. a special independent and competent body to give the government advice which it follows in practice; or,
ii. the right for an individual to appeal against a decision to an independent authority; or,
iii. the authority which makes the decision safeguards against undue or improper influences.

d. In the decision-making process, judges should be independent and be able to act without any restriction, improper influence, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. The law should provide for sanctions against persons seeking to influence judges in any such manner. Judges should have unfettered freedom to decide cases impartially, in accordance with their interpretation of the facts, and in pursuance of the prevailing rules of the law. Judges should not be obliged to report on the merits of their cases to anyone outside the judiciary.
e. The distribution of cases should not be influenced by the wishes of any party to a case or any person concerned with the results of the case. Such distribution may, for instance, be made by drawing of lots or a system for automatic distribution according to alphabetic order or some similar system.
f. A case should not be withdrawn from a particular judge without valid reasons, such as cases of serious illness or conflict of interest. Any such reasons and the procedures for such withdrawal should be provided for by law and may not be influenced by any interest of the government or administration. A decision to withdraw a case from a judge should be taken by an authority which enjoys the same judicial independence as judges.

3. Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office.

Principle II
The Authority of Judges

1. All persons connected with a case, including state bodies or their representatives, should be subject to the authority of the judge.

2. Judges should have sufficient powers and be able to exercise them in order to carry out their duties and maintain their authority and the dignity of the court.

Principle III
Proper Working Conditions

1. Proper conditions should be provided to enable judges to work efficiently and, in particular, by:

a. recruiting a sufficient number of judges and providing for appropriate training such as practical training in courts and, where possible, with other authorities and bodies, before appointment and during their career. Such training should be free of charge to the judge and should in particular concern recent legislation and case law. Where appropriate, the training should include study visits to European and foreign authorities as well as courts;
b. ensuring that the status and remuneration of judges is commensurate with the dignity of their profession and burden of responsibilities;
c. providing a clear career structure in order to recruit and retain able judges;
d. providing adequate support staff and equipment, in particular office automation and data processing facilities, to ensure that judges can act efficiently and without undue delay;
e. taking appropriate measures to assign non-judicial tasks to other persons, in conformity with Recommendation No. R(86) 12 concerning measures to prevent and reduce the excessive workload in the courts.

2. All necessary measures should be taken to ensure the safety of judges, such as ensuring the presence of security guards on court premises or providing police protection for judges who may become or are victims of serious threats.

Principle IV
Associations

Judges should be free to form associations which, either alone or with another body, have the task of safeguarding their independence and protecting their interests.

Principle V
Judicial Responsibilities

1. In proceedings, judges have the duty to protect the rights and freedoms of all persons.

2. Judges have the duty and should be given the power to exercise their judicial responsibilities to ensure that the law is properly applied and cases are dealt with fairly, efficiently and speedily.

3. Judges should in particular have the following responsibilities:

a. to act independently in all cases and free from any outside influence;
b. to conduct cases in an impartial manner in accordance with their assessment of the facts and their understanding of the law, to ensure that a fair hearing is given to all parties and that the procedural rights of the parties are respected pursuant to the provisions of the Convention;
c. to withdraw from a case or decline to act where there are valid reasons, and not otherwise. Such reasons should be defined by law and may, for instance, relate to serious health problems, conflicts of interest or the interests of justice;
d. where necessary, to explain in an impartial manner procedural matters to parties;
e. where appropriate, to encourage the parties to reach a friendly settlement;
f. except where the law or established practice otherwise provides, to give clear and complete reasons for their judgments, using language which is readily understandable;
g. to undergo any necessary training in order to carry out their duties in an efficient and proper manner.

Principle VI
Failure to carry out responsibilities and disciplinary offenses

1. When judges fail to carry out their duties in an efficient and proper manner or in the event of disciplinary offenses, all necessary measures which do not prejudice judicial independence should be taken. Depending on the constitutional principles and the legal provisions and traditions of each state, such measures may include, for instance:

b. moving the judge to other judicial tasks within the court;
c. economic sanctions such as a reduction in salary for a temporary period;
d. suspension.

2. Appointed judges may not be permanently removed from office without valid reasons until mandatory retirement. Such reasons, which should be defined in precise terms by the law, could apply in countries where the judge is elected for a certain period, or may relate to incapacity to perform judicial functions, commission of criminal offenses or serious infringements of disciplinary rules.

3. Where measures under paragraphs 1 and 2 of this article need to be taken, states should consider setting up, by law, a special competent body which has as its task to apply all disciplinary sanctions and measures, where they are not dealt with by a court, and whose decisions shall be controlled by a superior judicial organ, or which is a superior judicial organ itself. The law should provide for appropriate procedures to ensure that judges in question are given at least all the due process requirements of the Convention, for instance that the case should be heard within a reasonable time and that they should have a right to answer any charges.

Recommendation of the Parliamentary Assembly on Achieving Real Progress in Women��s Rights as from 1995
Adopted by the Assembly on April 27, 1995

1. The Assembly considers that human rights of both women and men are universal and indivisible, and that it is the duty of all states to ensure their respect and enjoyment, irrespective of socio-cultural and religious traditions or economic and political systems. In this context the Assembly affirms that the principle of equality between men and women, or parity democracy, is an integral part of the values the Council of Europe stands for.

2. The concept of parity democracy recognizes the need for equality in terms of participation and representation of men and women in all areas of society, based on the principle of partnership and sharing of rights and responsibilities.

3. The Assembly is convinced that de jure and de facto equality between men and women is crucial for the very functioning of a democratic society. The question of parity democracy is especially important in the new member states, where rapid political and economic reforms have had a negative impact on the situation of women in some cases.

4. The Assembly is disappointed to have to state that the principle of parity, or even of equality, between men and women is still not included in the constitutions of all Council of Europe member states. What is more, even member states which have enshrined the principle of equality in their constitutions often lack concrete legislation backing up this provision; legislation that is badly needed to make parity democracy truly achievable.

6. Therefore, the Assembly recommends that the Committee of Ministers:

i. include the principle of equality of rights between men and women in the additional protocol to the European Convention on Human Rights as soon as possible, as recommended in Assembly recommendation 1229 (1994);
ii. adopt specific policies and promote action programs to engage the governments of member states to address the problems of women both in traditional areas of responsibility and in new ones, in particular concerning violence against women, the increasing number of destitute women which is tending to make poverty a predominantly female phenomenon, and the traffic in women;
iii. speedily adopt the draft protocol to the European Social Charter providing for a system of collective complaints;
iv. ensure that the principle of equality of rights between men and women is included in the constitutions of member states;
v. become active to eliminate all discrepancies that currently exist in the legislation of member states as regards the treatment of women as individuals rather than in the context of their family or their relation to their husbands;
vi. encourage member states to create at national level appropriate institutional bodies to ensure the real achievement of equality between men and women, such as equality commissions, offices of the plenipotentiary for women��s affairs, offices of equal status, offices of the "ombud type," or ministers for women��s rights with responsibility for abolishing direct and indirect discrimination between the sexes and for promoting the access of women to positions of parity;
vii. ask member states to adopt specific antidiscriminatory legislation providing appropriate sanctions in which case the equality of women and men is not respected, especially in professional life;
viii. request that member states incorporate sexual discrimination, as exemplified by the refusal to allow women to teach or become judges, the obligation to wear the veil or other discriminatory clothing, or forcible marriage, in the criteria of political or religious persecution used to justify the request for asylum on the part of women;
ix. invite all member states who have not yet signed and ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to do so before the year 2000, and all member states parties to the convention which have made reservations to make their national legislation compatible with the convention and withdraw the reservation as soon as possible;
x. ask all member states to support the adoption of the draft additional protocol to the CEDAW Convention, empowering that convention��s supervisory body to examine individual and group complaints.

Framework Convention for the Protection of National Minorities, 1995
An Explanatory Report states the purpose of this Convention, opened for signature in Strasbourg in 1994

The framework Convention is the first legally binding multilateral instrument devoted to the protection of national minorities in general. Its aim is to specify the legal principles which States undertake to respect in order to ensure the protection of national minorities. The Council of Europe has thereby given effect to the...call by [by the Vienna Declaration of the Heads of State and Governments of the Member States of the Council of Europe]...for the political commitments adopted by the Conference on Security and Cooperation in Europe (CSCE) to be transformed, to the greatest extent, into legal obligations.

(Explanatory Report, para. 10, id., at 13.)

The Framework Convention states:

The member States of the Council of Europe and the other States, signatories to the present framework Convention,

Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage;

Being resolved to protect within their respective territories the existence of national minorities;

Considering that the upheavals of European history have shown that the protection of national minorities is essential to stability, democratic security and peace in this continent;

Considering that a pluralist and genuinely democratic society should not only respect the ethnic, cultural, linguistic and religious identity of each person belonging to a national minority, but also create appropriate conditions enabling them to express, preserve and develop this identity;

Being determined to implement the principles set out in the framework Convention through national legislation and appropriate governmental policies,

Have agreed as follows:

Section I

Article 1

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international cooperation.

Article 2

The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighborliness, friendly relations and cooperation between States.

Article 3

1. Every person belonging to a national minority shall have the right freely to choose to be treated or not be treated as such and no disadvantage shall result from the choice or from the exercise of the rights which are connected to that choice.
2. Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.

Section II

Article 4

1. The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

2. The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

Article 5

1. The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

2. Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

Article 7

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

Article 8

The Parties undertake to recognize that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organizations and associations.

Article 9

1. The Parties undertake to recognize that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

3. The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of Paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

Article 10

1. The Parties undertake to recognize that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

2. In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

3. The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

Article 11

1. The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in the
legal system.

2. The Parties undertake to recognize that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

3. In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavor, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

Article 12

1. The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

2. In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

3. The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

Article 16

The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention.

Article 17

1. The Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other States, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.

2. The Parties undertake not to interfere with the rights of persons belonging to national minorities to participate in the activities of non-governmental organizations, both at the national and international levels.

Section III

Article 20

In the exercise of the rights and freedoms flowing from the principles enshrined in the present framework Convention, any person belonging to a national minority shall respect the national legislation and rights of others, in particular those of persons belonging to the majority or to other national minorities.

Declaration and Recommendation on the Protection of Journalists in Situations of Conflict and Tension, 1996
Adopted by the Committee of Ministers on May 3, 1996, 98th Session

1. The Committee of Ministers of the Council of Europe condemns the growing number of killings, disappearances and other attacks on journalists and considers these to be also attacks on the free and unhindered exercise of journalism.

2. The Committee of Ministers appeals to all states, in particular to all member states of the Council of Europe, to recognize that the right of individuals and the general public to be informed about all matters of public interest and to be able to evaluate the actions of public authorities and other parties involved is especially important in situations of conflict and tension.

3. The Committee of Ministers solemnly reaffirms that all journalists working in situations of conflict and tension are, without qualification, entitled to the full protection offered by applicable international humanitarian law, the European Convention on Human Rights and other international human rights instruments.

4. The Committee of Ministers reaffirms the commitments of governments of member states to respect these existing guarantees for the protection of journalists.

6. The Committee of Ministers shall consider, together with the Secretary General, ways of strengthening, in general, existing arrangements within the Council of Europe for receiving information, and taking action on, infringements of rights and freedoms of journalists in situations of conflict and tension.

7. The Committee of Ministers considers in this context that, in urgent cases, the Secretary General could take speedily all appropriate action on receipt of reports on infringements of rights and freedoms of journalists in member states in situations of conflict and tension and calls on the member states to cooperate with the Secretary General in this regard.

(The Declaration was adopted at the same time as Recommendation No. R (96) 4 of May 3, 1996 containing explicit provisions about the physical protection of journalists, the rights and working conditions of journalists in situations of conflict and tension and the investigation of instances of attacks on the physical safety of journalists. Notable in these provisions is Principle 8 which states "Member states shall instruct their military and police forces to give necessary and reasonable protection and assistance to journalists when they so require, and treat them as civilians" and "Member states shall not use the protection of journalists as a pretext for restricting their rights." )