www.coe.int/cddh
CDDH
  Terms of Reference
     2014-2015

  Background
  Texts adopted
  Opinions by the CDDH
  Interim and Activity
    reports to the
    Committee of Ministers
 
 
 
Archives
  Simplified Amendment
    Procedure (DH-PS)

  Selection of
    Candidates (CDDH-SC)

 
Protection Procedures
   (DH-PR)

  Development of Human
    Rights (DH-DEV)

  Fighting Impunity
    (DH-I)

  Length of proceedings
    (DH-RE)

  Access to official
    documents (DH-S-AC)

  Accelerated asylum
    procedures (GT-DH-AS)

  Fight against terrorism
   (DH-S-TER)

  Social rights
   (GT-DH-SOC)
 
 

Terms of reference of the CDDH and its subordinate bodies for 2014-2015

(Adopted by the Ministers’ Deputies on 21 November 2013
after their 1885th meeting (Budget))

Steering Committee for Human Rights (CDDH)1

Set up by the Committee of Ministers under Article 17 of the Statute of the Council of Europe and in accordance with Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.
Type of committee: Steering Committee
Terms of reference valid from: 1 January 2014 until 31 December 2015

Main tasks

Under the authority of the Committee of Ministers, the CDDH will (i) oversee and coordinate the intergovernmental work of the Council of Europe in the human rights field, including bioethics, and (ii) advise the Committee of Ministers on all questions within its field of competence, taking due account of relevant transversal perspectives. For this purpose, the CDDH is instructed to elaborate common standards for the 47 member States, review their implementation, and fulfil any other activity which might be assigned to it by the Committee of Ministers. In particular, the CDDH will:

    (i) contribute to the protection of human rights by improving the effectiveness of the control mechanism of the European Convention on Human Rights and the implementation of the Convention at national level;
    (ii) contribute to the promotion and development of human rights through awareness raising and further standard-setting activities;
    (iii) carry out substantive legal analysis of human rights issues and contribute to the development of Council of Europe policies on such issues;
    (iv) ensure oversight from the human rights perspective of work on bioethics;
    (v) carry out work regarding the rights of persons belonging to national minorities;
    (vi) follow the human rights activities of other international organisations and institutions, in particular the United Nations and its Human Rights Council, the European Union and the OSCE, with a view to identifying opportunities for Council of Europe input and/or complementary Council of Europe action;
    (vii) contribute, in co-operation with the CDPC and the CDCJ, to the preparation of the Conference of Ministers of Justice and ensure, as appropriate, the follow-up of any decision taken by the Committee of Ministers subsequent to the Conference;
    (viii) in accordance with decisions CM/Del/Dec(2013)1168/10.2 of the Committee of Ministers, carry out, at regular intervals, within the limits of the available resources and bearing in mind its priorities, an examination of some or all of the conventions for which it has been given responsibility2, in co-operation, where appropriate, with the relevant convention-based bodies, and report back to the Committee of Ministers.

Pillar/Sector/Programme

Pillar: Human Rights
Sector:
Protection of Human Rights / Ensuring Social Rights
Programme: Enhancing the Effectiveness of the ECHR System at national and European level / Bioethics

Expected results

Protection of human rights
The long-term effectiveness and relevance of the Convention system at national and European levels, notably the reform of the European Court of Human Rights, continues to be secured (see also the terms of reference of the Committee of Experts on the Reform of the Court (DH-GDR)).
Development and promotion of human rights
Human rights are better guaranteed through activities related to the development, promotion of and appropriate follow-up to human rights instruments:

    (i) a draft Declaration of the Committee of Ministers supporting the “UN Guiding Principles for the Implementation of the UN ‘Protect, Respect and Remedy’ Framework” (UN Guiding Principles) is elaborated by 30 June 2014.
    (ii) a non-binding instrument, which may include a guide of good practice, addressing gaps in the implementation of the UN Guiding Principles at the European level, including with respect to access to justice for victims of corporate human rights abuses, is elaborated.
    (iii) further work is carried out in the area of human rights in culturally diverse societies. this may include: a document compiling existing Council of Europe standards relating to the principles of freedom of thought, conscience and religion and the link to other Convention rights, in particular freedom of expression, supplemented by a compendium of good practices; guidelines on the promotion and protection of human rights in culturally diverse societies, with a possible specific focus on the issues related to human rights education and training; a handbook on human rights in culturally diverse societies presenting principles and their application through good practices;
    (iv) a study is conducted by 31 December 2014 on the feasibility of new activities as well as on the revision of existing instruments to deal with the impact of the economic crisis on human rights in Europe, and specific activities may be carried out as appropriate.
    (v) a study is conducted to identify possible other priority areas for development and promotion of human rights and to formulate proposals for specific activities as appropriate.

Bioethics
Supervision is ensured from the human rights perspective of the intergovernmental work in the field of bioethics (see also the terms of reference of the Committee on Bioethics (DH-BIO)).

Composition

Members:
Governments of member States are invited to designate one or more representatives of the highest possible rank in the field of human rights.
The Council of Europe will bear the travel and subsistence expenses of one representative from each member state (two in the case of the state whose representative has been elected Chair).
Each member of the committee shall have one vote. Where a government designates more than one member, only one of them is entitled to take part in the voting.
In accordance with decisions CM/Del/Dec(2013)1168/10.2 of the Committee of Ministers, in cases where there is no convention-based body including all the Parties, non-member States are invited to take part, with a right to vote, in the committee meetings pertaining to the conventions to which they are Parties.
Participants:
The following may send representatives, without the right to vote and at the charge of their corresponding administrative budgets:
- Parliamentary Assembly of the Council of Europe;
- Congress of Local and Regional Authorities of the Council of Europe;
- European Court of Human Rights;
- Council of Europe Commissioner for Human Rights;
- Conference of INGOs of the Council of Europe;
- committees or other bodies of the Council of Europe engaged in related work, as appropriate.

The following may send representatives, without the right to vote and without defrayal of expenses:
- European Union (one or more representatives, including, as appropriate, the European Union Agency for Fundamental Rights (FRA));
- Observer States to the Council of Europe: Canada, Holy See, Japan, Mexico, United States of America;
- representatives of other international organisations (Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR), Office of the United Nations High Commissioner for Human Rights).
Observers:
The following may send representatives, without the right to vote and without defrayal of expenses:
- Belarus;
- Non-governmental organisations (Amnesty International, International Commission of Jurists (ICJ), International Federation of Human Rights (FIDH), European Roma and Travellers Forum), as well as the European Network of National Human Rights Institutions.

Working methods

Plenary meetings
48 members, 3 meetings in 2014, 4 days
48 members, 3 meetings in 2015, 4 days
Bureau
8 members, 3 meetings in 2014, 2 days
8 members, 3 meetings in 2015, 2 days
The Committee will also appoint a Gender Equality Rapporteur from amongst its members.
The rules of procedure of the Committee are governed by Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.
Subject to the agenda, the Chairs of the subordinate structures to the CDDH may be invited to attend CDDH Bureau and/or plenary meetings.

Subordinate structure(s) to the CDDH

The CDDH has a coordinating, supervising and monitoring role in the functioning of its subordinate bodies:

    - Committee of experts on the Reform of the Court (DH-GDR) (see separate terms of reference) and Drafting Groups;
    - Committee on Bioethics (DH-BIO) (see separate terms of reference);

Appendix 1 - Relevant decision of the Committee of Ministers and list of Conventions
CM/Del/Dec(2013)1168/10.2 (Review of Council of Europe conventions – Report by the Secretary General)
9. [The Deputies] instructed the steering and ad hoc committees to carry out, at regular intervals, within the limits of the available resources and bearing in mind the priorities of each committee, an examination of some or all of the conventions for which they have been given responsibility, in co-operation, where appropriate, with the relevant convention-based bodies, in order to:
- propose ways of improving the visibility, impact and efficiency of some or all of the conventions for which they have been given responsibility;
- draw the attention of member States to the relevant conventions;
- where necessary, identify any operational problems or obstacles to ratification of the relevant conventions, and draw the attention of member States to reservations which impact substantively on the effectiveness of their implementation;
- encourage States to regularly examine the possibility and/or desirability of becoming a Party to new Council of Europe conventions;
- assess the necessity or advisability of drafting amendments or additional protocols to the conventions for which they have been given responsibility or drafting supplementary conventions;
- and to report back to the Committee of Ministers;

***

CDDH

5

Convention for the Protection of Human Rights and Fundamental Freedoms

9

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

35

European Social Charter

46

Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

48

European Code of Social Security

67

European Agreement relating to Persons participating in Proceedings of the European Commission and Court of Human Rights

114

Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

117

Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

126

European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

139

European Code of Social Security (Revised)

142

Protocol amending the European Social Charter

148

European Charter for Regional or Minority Languages

157

Framework Convention for the Protection of National Minorities

158

Additional Protocol to the European Social Charter Providing for a System of Collective Complaints

161

European Agreement relating to persons participating in proceedings of the European Court of Human Rights

163

European Social Charter (revised)

164

Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine

168

Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings

CDDH

177

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms

186

Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin

187

Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances

195

Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research

197

Council of Europe Convention on Action against Trafficking in Human Beings

203

Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing for Health Purposes

205

Council of Europe Convention on Access to Official Documents

210

Council of Europe Convention on preventing and combating violence against women and domestic violence

213

Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms

214

Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Committee of experts on the reform of the Court (DH-GDR)3

Set up by the Committee of Ministers under Article 17 of the Statute of the Council of Europe and in accordance with Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods
Type of committee: Subordinate body
Terms of reference valid from: 1 January 2014 until 31 December 2015

Main tasks

Under the supervision of the Steering Committee for Human Rights (CDDH), the DH-GDR will conduct the intergovernmental work intended to contribute to the protection of human rights by improving the effectiveness of the control mechanism of the European Convention on Human Rights and the implementation of the Convention at national level, as assigned by the Committee of Ministers to the Steering Committee as an important part of the follow-up to the Brighton Declaration.

Pillar/Sector/Programme

Pillar: Human Rights
Sector:
Ensuring Protection of Human Rights
Programme:
Enhancing the Effectiveness of the ECHR System at national and European level

Expected results

    (i) A draft report is submitted to the Committee of Ministers containing opinions and possible proposals concerning the longer-term future of the Convention system and the Court, in accordance with paragraphs 35(c)-(f) of the Brighton Declaration (deadline: 15 March 2015).
    (ii) A draft report is submitted to the Committee of Ministers containing conclusions and possible proposals for action concerning the procedure for the amendment of the Rules of Court and the possible ‘upgrading’ to the Convention of certain provisions of the Rules of Court (deadline: 31 December 2014).
    (iii) Any further results expected on the basis of decisions that may be taken by the Committee of Ministers following submission of the above two reports.
    (iv) Ensure that information concerning the implementation of the Convention and execution of the Court’s judgements is exchanged regularly ‒ in order to assist member States in developing their domestic capacities and facilitate their access to relevant information (compare i.a. paragraph 29 (a) i) of the Brighton Declaration).
    (v) Proposals are submitted to the Committee of Ministers for the possible updating and development of the following Committee of Ministers’ instruments (deadline: 31 December 2015):
    - Recommendation Rec(2004)4 on the Convention in university education and professional training, along with the development of guidelines on good practice in respect of human rights training for legal professionals.
    - Recommendation CM/Rec(2010)3 on effective measures for excessive length of proceedings and its accompanying Guide to Good Practice.
    Activities to this end would depend on the availability of resources in the light of possible decisions concerning (iii) above, the implementation of which would have priority.

Composition

Members:
Governments of member States are invited to designate one or more representatives of the highest possible rank in the field of human rights.
The Council of Europe will bear the travel and subsistence expenses of one representative from each member state (two in the case of the State whose representative has been elected Chair).
Each member of the committee shall have one vote. Where a government designates more than one member, only one of them is entitled to take part in the voting.

Participants:
The following may send representatives, without the right to vote and at the charge of their corresponding administrative budgets:
- Parliamentary Assembly of the Council of Europe;
- Congress of Local and Regional Authorities of the Council of Europe;
- European Court of Human Rights;
- Council of Europe Commissioner for Human Rights;
- Conference of INGOs of the Council of Europe;
- HELP Network Consultative Board;
- committees or other bodies of the Council of Europe engaged in related work, as appropriate.
The following may send representatives, without the right to vote and without defrayal of expenses:
- European Union (one or more representatives, including, as appropriate, the European Union Agency for Fundamental Rights (FRA));
- Observer States to the Council of Europe: Canada, Holy See, Japan, Mexico, United States of America;
- representatives of other international organisations (Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR), Office of the United Nations High Commissioner for Human Rights, Office of the United Nations High Commissioner for Refugees).
Observers:
The following may send representatives, without the right to vote and without defrayal of expenses:
- Belarus;
- Non-governmental organisations (Amnesty International, International Commission of Jurists (ICJ), International Federation of Human Rights (FIDH), European Roma and Travellers Forum), as well as the European Network of National Human Rights Institutions.

Working methods

Plenary meetings
48 members, 2 meetings in 2014, 3 days
48 members, 2 meetings in 2015, 3 days
The Committee will also appoint a Gender Equality Rapporteur from amongst its members.
The rules of procedure of the Committee are governed by Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.

Committee on Bioethics (DH-BIO)

Set up by the Committee of Ministers under Article 17 of the Statute of the Council of Europe and in accordance with Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods
Type of committee: Subordinate body
Terms of reference valid from: 1 January 2014 until 31 December 2015

    Main tasks

    Under the authority of the Committee of Ministers, the DH-BIO shall carry out the tasks assigned to the Steering Committee on Bioethics (CDBI) by the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine.
    Under the supervision of the Steering Committee for Human Rights (CDDH), the DH-BIO will conduct intergovernmental work on the protection of human rights in the field of biomedicine assigned to it by the Committee of Ministers.
    The DH-BIO will in particular:
    (i) conduct regular re-examinations foreseen in the Convention and its Additional Protocols;
    (ii) develop further the principles laid down in the Convention on Human Rights and Biomedicine, as appropriate;
    (iii) contribute to raising awareness and facilitating the implementation of these principles;
    (iv) assess ethical and legal challenges raised by developments in the biomedical field;
    (v) co-operate with the European Union and relevant intergovernmental bodies, in particular with a view to promoting consistency between the normative texts;

    (vi) in accordance with decisions CM/Del/Dec(2013)1168/10.2 of the Committee of Ministers, carry out, at regular intervals, within the limits of the available resources and bearing in mind its priorities, an examination of some or all of the conventions4 for which it has been given responsibility, in co-operation, where appropriate, with the relevant convention-based bodies, and report back to the Committee of Ministers.

    Pillar/Sector/Programme

    Pillar: Human Rights
    Sector:
    Ensuring Social Rights
    Programme:
    Bioethics

    Expected results

    2014:
    (i) Subject to a decision, a legal instrument on the use of predictive health related data for insurance purposes is finalised.
    (ii) Studies on scientific aspects and ethical implications of emerging technologies and their convergence are presented and discussed at a conference.
    (iii) A symposium is held to launch a guide on decision-making-process regarding medical treatment in end of life situation.
    (iv) A public consultation is organised on a draft revised Recommendation Rec(2006)4 on research on biological materials of human origin.
    2015:
    (i) The preparation of a draft additional protocol on the protection of persons with mental disorders with regards to involuntary treatment and involuntary placement is finalised.
    (ii) Priority challenges for human rights raised by emerging technologies and their convergences are identified and examined with a view to the elaboration of a white paper.
    (iii) Subject to the decision by the Committee of Ministers, draft guidelines are prepared to address the issue of prenatal sex selection.
    (iv) The draft revised Recommendation Rec(2006)4 is finalised.
    (v) A round table is organised on direct to consumer genetic testing with experts and representatives of the different fields concerned, including patients and consumer organisations.

Composition

Members:
Governments of the member States are invited to designate one or more representatives of the highest possible rank, with appropriate expertise in the various aspects of bioethics and able to consider these from a human rights perspective.
The Council of Europe will bear the travel and subsistence expenses of one representative from each member state (two in the case of the state whose representative has been elected Chair).
Each member of the committee shall have one vote. Where a government designates more than one member, only one of them is entitled to take part in the voting.
In accordance with decisions CM/Del/Dec(2013)1168/10.2 of the Committee of Ministers, in cases where there is no convention-based body including all the Parties, non-member States are invited to take part, with a right to vote, in the committee meetings pertaining to the conventions to which they are Parties.
Participants:
The following may send representatives, without the right to vote and at the charge of their corresponding administrative budgets:
- Parliamentary Assembly of the Council of Europe;
- Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD), Committee (Partial Agreement) on Transplantation of Organs and Tissues (CD-P-TO) and Committee (Partial agreement) on Blood Transfusion (CD-P-TS);5
- Committees or other bodies of the Council of Europe engaged in related work, as appropriate.
The following may send representatives, without the right to vote and without defrayal of expenses:
- European Union;
- Observer States to the Council of Europe: Canada, Holy See, Japan, Mexico, United States of America;
- Other international organisations: European Science Foundation (ESF), OECD, UNESCO and WHO.
Observers:
The following may send representatives, without the right to vote and without defrayal of expenses:
- Australia, Israel;
- Church and Society Commission of the Conference of European Churches (KEK);
- Other non-governmental organisations, including professional organisations, which could be invited by the DH-BIO to attend specific meetings of the DH-BIO in accordance with CM/Res(2011)24.

    Working methods

    Meetings:
    48 members, 2 meetings in 2014, 4 days
    48 members, 2 meetings in 2015, 4 days
    Bureau
    7 members, 2 meetings in 2014, 2 days
    7 members, 2 meetings in 2015, 2 days
    The Chair or Vice-Chair of DH-BIO may be invited to attend the meetings of the CDDH and its Bureau in order to inform on progress with its work.
    The Committee will also appoint a Gender Equality Rapporteur from amongst its members.
    The rules of procedure of the Committee are governed by Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.

Appendix 1 - Relevant decision of the Committee of Ministers and list of Conventions
CM/Del/Dec(2013)1168/10.2 (Review of Council of Europe conventions – Report by the Secretary General)
9. [The Deputies] instructed the steering and ad hoc committees to carry out, at regular intervals, within the limits of the available resources and bearing in mind the priorities of each committee, an examination of some or all of the conventions for which they have been given responsibility, in co-operation, where appropriate, with the relevant convention-based bodies, in order to:
- propose ways of improving the visibility, impact and efficiency of some or all of the conventions for which they have been given responsibility;

- draw the attention of member States to the relevant conventions;
- where necessary, identify any operational problems or obstacles to ratification of the relevant conventions, and draw the attention of member States to reservations which impact substantively on the effectiveness of their implementation;
- encourage States to regularly examine the possibility and/or desirability of becoming a Party to new Council of Europe conventions;
- assess the necessity or advisability of drafting amendments or additional protocols to the conventions for which they have been given responsibility or drafting supplementary conventions;
- and to report back to the Committee of Ministers;

***

DH-BIO

164

Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine

168

Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings

186

Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin

195

Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research

203

Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing for Health Purposes

1 Revised Terms of Reference as distributed in document DD(2013)983.

2 Cf. list of Conventions in Appendix 1.

3 Revised Terms of Reference as distributed in document DD(2013)983.

4 Cf. list of Conventions in Appendix 1.

5 European Directorate for the Quality of Medicines and Healthcare.