The Commissioner for Human Rights is an independent and impartial non-judicial institution established in 1999 by the Strasbourg-based
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
, to promote
awareness
Awareness is the state of being conscious of something. More specifically, it is the ability to directly know and perceive, to feel, or to be cognizant of events. Another definition describes it as a state wherein a subject is aware of some inform ...
of and respect for human rights in the council's 46 member states. The activities of Commissioner focus on three major, closely related areas:
* country visits and dialogue with national authorities and civil society;
* thematic studies and advice on systematic human rights work;
*
awareness-raising activities.
The current Commissioner is
Dunja Mijatović
Dunja Mijatović ( sr-cyr, Дуња Мијатовић; born 8 September 1964) is a Bosnian human rights expert and activist, serving as the Council of Europe Commissioner for Human Rights. She was elected by the Parliamentary Assembly of the Co ...
, who began her six-year term on April 1, 2018. Prior Commissioners were
Álvaro Gil-Robles
Álvaro Gil-Robles y Gil-Delgado (born 9 September 1944 in Lisbon, Portugal) is a Spanish jurist and human rights activist. He was the 2nd Spanish Ombudsman between 1988 and 1993 and also served as Acting Ombudsman between December 1987 and Mar ...
,
Thomas Hammarberg
Thomas Hammarberg (born 2 January 1942) is a Swedish diplomat and human rights defender.
He held the post of Council of Europe Commissioner for Human Rights in Strasbourg from 1 April 2006 to 31 March 2012. He succeeded the first Commissioner ...
and
Nils Muižnieks
Nils Muižnieks (born 31 January 1964 in the United States) is a Latvian-American human rights activist and political scientist. He had served as the Council of Europe's Commissioner for Human Rights between 2012 and 2018, succeeding Thomas Ha ...
.
Elected by the
Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.
The Assembly is made up o ...
, the Commissioner seeks to engage in permanent dialogue with member states, continually raising awareness about human rights issues, and promoting the development of national human rights structures. The Commissioner conducts visits to each member state for an evaluation of the human rights situation, and issues reports, opinions and recommendations to governments.
The Commissioner also co-operates with a broad range of partners, including the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
and its specialized offices, as well as leading human rights
NGO
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
s, universities and
think tanks
A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmental or ...
.
Mandate
The mandate of the Commissioner is based on the resolution (99) 50 of the Council of Europe (adopted on May 7, 1999).
[Full text of COE resolution (99) 50]
/ref> It includes the following points:
The member states are obliged to "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". While the Commissioner "shall function independently and impartially." The Commissioner may act "on any information relevant to the Commissioner's functions".
The Commissioner "may directly contact governments of member States of the Council of Europe". The Commissioner may also "issue recommendations, opinions and reports."
The Commissioner enjoys immunity "from arrest and all legal proceedings in the territories of all members, in respect of words spoken and votes cast".
Article 36 of the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
allows "third party intervention" before the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
for the Commissioner stating that "In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, Article 36 - Third party intervention, section 3
Election
The Commissioner is elected by the Parliamentary Assembly of the Council of Europe, from a list of three candidates drawn up by the Committee of Ministers, and serves a non-renewable term of office of six years.
According to the Resolution (99) 50:[
]
Activities
Country visits and dialogue with national authorities and civil society
The Commissioner carries out visits to all member states to monitor and evaluate the human rights situation. In the course of such visits, he meets with the highest representatives of government, parliament, the judiciary, civil society and national human rights structures. He also talks to ordinary people with human rights concerns, and visits places of human rights relevance, including prisons, psychiatric hospital
Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociative ...
s, centres for asylum seekers
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and mi ...
, school
A school is an educational institution designed to provide learning spaces and learning environments for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is sometimes compuls ...
s, orphanage
An orphanage is a Residential education, residential institution, total institution or group home, devoted to the Childcare, care of orphans and children who, for various reasons, cannot be cared for by their biological families. The parent ...
s and settlements populated by vulnerable groups including Romani
Romani may refer to:
Ethnicities
* Romani people, an ethnic group of Northern Indian origin, living dispersed in Europe, the Americas and Asia
** Romani genocide, under Nazi rule
* Romani language, any of several Indo-Aryan languages of the Roma ...
, LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity.
The LGBT term is a ...
people and other minority group
The term 'minority group' has different usages depending on the context. According to its common usage, a minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number o ...
.
Following the visits, a report or a letter may be addressed to the authorities of the country concerned containing an assessment of the human rights situation and recommendations on how to overcome shortcomings in law and practice. The Commissioner also has the right to intervene as a third party in the proceedings of the European Court of Human Rights, either by submitting written information or taking part in its hearings.
Thematic reporting and advising on human rights systematic implementation
The Commissioner also conducts thematic work on subjects central to the protection of human rights in Europe. He provides advice and information on the prevention of human rights violations and releases opinions, Issue Papers and reports.
Awareness-raising activities
The Commissioner promotes awareness of human rights in member states, by organising and taking part in seminars and events on various human rights themes. The Commissioner engages in permanent dialogue with governments, civil society organisations and educational institutions in order to improve public awareness of human rights standards. He further contributes to the debate and the reflection on current and important human rights matters through contacts with the media, the publication of periodic articles and thematic documents.
As part of country visits, thematic work and awareness raising
Consciousness raising (also called awareness raising) is a form of activism popularized by United States feminists in the late 1960s. It often takes the form of a group of people attempting to focus the attention of a wider group on some cause o ...
activities, the Commissioner pays a specific attention to the defence of human rights activists
A human rights defender or human rights activist is a person who, individually or with others, acts to promote or protect human rights. They can be journalists, environmentalists, whistleblowers, trade unionists, lawyers, teachers, housing campai ...
and engages in close co-operation with other Council of Europe bodies and with a broad range of international institutions, most importantly the United Nations and its specialised offices, the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
and the Organization for Security and Co-operation in Europe
The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, prom ...
(OSCE). The office also cooperates closely with national human rights structures, leading human rights NGOs
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
, universities
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, t ...
and think tank
A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmenta ...
s.
See also
*Human rights in Europe Human rights in Europe are generally upheld. However, several human rights infringements exist, ranging from the treatment of asylum seekers to police brutality. The 2012 Amnesty International Annual Report points to problems in several European cou ...
*European Commission against Racism and Intolerance
European Commission against Racism and Intolerance (ECRI) is the Council of Europe’s independent human rights monitoring body specialised in combating antisemitism, discrimination, racism, religious intolerance, and xenophobia. It publishes perio ...
* United Nations special rapporteur
References
External links
Commissioner for Human Rights Web site
The Commissioner's Human Rights Comment
*
*
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{{Authority control
Intergovernmental human rights organizations
Council of Europe