1031st meeting of the Committee of Ministers – 2 July 2008

Action against discrimination on grounds of sexual orientation

The strong attachment of the Council of Europe to the principle of equal rights and dignity of all human beings, including lesbian, gay, bisexual and transgender persons, was stressed by the Committee of Ministers at the 1031st meeting of the Ministers’ Deputies on 2 July. The meeting recalled that the Council of Europe’s standards on tolerance and non-discrimination applies to all European societies, and that discrimination on grounds of sexual orientation or gender identity is not compatible with these standards.

In this context, several decisions aimed at enhanced Council of Europe action against discrimination on grounds of sexual orientation were taken. The Ministers’ Deputies gave instructions for the elaboration of a recommendation to member states concerning discrimination based on sexual orientation and gender identity. They also initiated work on the topic of various forms of marital and non-marital partnerships and cohabitation with a view to identifying possible measures to avoid discrimination on grounds of sexual orientation or gender identity.

The decision was also taken to address a message to all committees involved in intergovernmental co-operation at the Council of Europe inviting them to give due attention in their activities to the need for member states to avoid and remedy any discrimination on grounds of sexual orientation or gender identity. These committees were also asked to make proposals for activities to strengthen the equal rights and dignity of lesbian, gay, bisexual and transgender persons and to combat discriminatory attitudes against them in society.

Bosnia and Herzegovina - activities for the development and consolidation of democratic stability

Recent developments concerning compliance by Bosnia and Herzegovina with its obligations and commitments as a member of the Council of Europe were examined by the Ministers’ Deputies. The implementation of the Council of Europe’s co-operation programme for this country was also looked into.

Against this background a number of decisions were adopted. They noted the progress in fulfilling the formal commitments, in particular the ratification of the European Framework Convention on Transfrontier Co-operation (and its Amending Protocols) and the parliament's vote on the ratification of the European Social Charter (Revised).

The authorities of Bosnia and Herzegovina were invited to make further progress towards the fulfilment of the remaining commitments. The Committee of Ministers addressed in particular the need for measures at all levels to develop an integrated educational system and put an end without delay to segregation in education, preserve an healthy media environment and to continue constitutional reform.

Activities for democratic development in Belarus

The state of implementation of the co-operation activities for Belarus was also considered by the Ministers’ Deputies. They authorised the Secretariat to continue these activities and agreed to follow their implementation. They also recalled the appeal of the Chairperson of the Committee of Ministers to the authorities of Belarus to allow truly free and fair elections and to invite long-term as well as short-term international observers, as contained in his address to the Parliamentary Assembly on 23 June 2008.

Co-operation in the Rule of Law field

The Council of Europe Committee of Legal Advisers on Public International Law (CAHDI) brings together the legal advisers of the Ministries for foreign affairs of the member states of the Council of Europe as well as of a significant number of observer states and organisations. During an exchange of views with the Chairman CAHDI, the Ministers’ Deputies were informed about this Committee’s most recent activities and about coming events, such as the Conference of International Courts and Tribunals to be held in London on 6-7 October under the Swedish Chairmanship of the Committee of Ministers.

The Ministers’ Deputies adopted two recommendations elaborated by CAHDI, i.e. Recommendation CM/Rec(2008)8 of the Committee of Ministers to member states on the acceptance of the jurisdiction of the International Court of Justice and Recommendation CM/Rec(2008)9 of the Committee of Ministers to member states on the nomination of international arbitrators and conciliators.

Taking note of a report on pharmaceutical crime, the Ministers’ Deputies adopted draft terms of reference for the elaboration of a Council of Europe convention against counterfeiting of medical products and similar crimes involving threats to public health. The Convention is to be ready in 2009.

Collective complaints under the European Social Charter

The Ministers’ Deputies adopted resolutions concerning two collective complaints lodged under the European Social Charter: Collective Complaint No. 33/2006 by the International Movement ATD – Fourth World against France and No. 39/2006 by the European Federation of National Organisations Working with the Homeless (FEANTSA) against France.