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Council of Europe

Contracting Parties Parties are required to report on their compliance with instrument of the Council of Europe at regular intervals to Committees established under those instruments. Although this is not an individual form of recourse conclusions and recommendations issued by Committees under instruments of the Council of Europe may have persuasive effect at the national level and be used by NGOs for lobbying purposes.

The European Committee of Social Rights was established under Article 24 and 25 of the European…

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Contracting Parties are required to report on their compliance with instrument of the Council of Europe at regular intervals to Committees established under those instruments. Although this is not an individual form of recourse conclusions and recommendations issued by Committees under instruments of the Council of Europe may have persuasive effect at the national level and be used by NGOs for lobbying purposes.

The European Committee of Social Rights was established under Article 24 and 25 of the European Social Charter (1961 as amended 1996), it is a committee of experts consisting of not more than seven members appointed by the Committee of Ministers. Contracting parties to the Charter are required under Article 21 to submit reports on their undertakings under the ESC at two yearly intervals. The Committee issues Conclusions on the conformity with the Charter of law and practice in the Contracting States. The Additional Protocol to the European Social Charter Providing for a System of Collective Complaints (1995), came into force in 1998, and was introduced to improve the effective enforcement of the social rights protected by the Charter. Article 1 of the Protocol allows a number of international organisations such as the European Trade Unions Confederation and NGOs with consultative status, national NGOs, and employer and Trade Unions to make complaints against state parties under the Charter to the Secretary General who then submits them to the Committee of Experts. If the Committee finds that the Charter has not been satisfactorily applied they may adopt a recommendation addressed to the State party involved.

A Standing Committee was established under Article 16 of the European Convention on Children's Rights (1996) to keep under review problems relating to the Convention; consider questions on the interpretation and implementation of the Convention and make recommendations, propose amendments to the Convention and advise national bodies promoting children's rights. A Consultative Committee was established in 1984 under Article 33 of the European Convention on the Legal Status of Migrant Workers to request information on the implementation of the Convention from state parties, analyse compliance and provide guidance on the interpretation of the Convention.

Since 2000 the Council of Europe Commissioner for Human Rights has organised and co-organised meetings with Ombudsmen around Europe. Conclusions are published from these meetings on the role and powers of European Ombudsmen, such as the means of effectively strengthening their role in Council of Europe member states.(1) In 2002, in Lithuania it was concluded at the meeting that the role of Council of Europe Ombudsmen is to respond and react to crises and that the Commissioner for Human Rights might appropriately and effectively coordinate their possible responses to such crises.(2)

(1) Council of Europe Commissioner of Human Rights Conclusions.

(2) Conclusions of the 2002 meeting.


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