A number of instruments of the Council of Europe set out fundamental rights to be accorded to all persons within the jurisdiction of Contracting Parties. The European Convention on Human Rights (1950) (ECHR) sets out civil and political rights which would be protected in the case of all migrants within Council of Europe states. The ECHR protects a number of rights including the right to life, it prohibits torture inhuman or degrading treatment, protects the right to a fair trial, the right to respect for family and private life, the right to freedom of thought, conscience and religion, the right to freedom of expression the right to freedom of assembly, and prohibits discrimination (see 8.6 - Discrimination against Migrants). Individuals whose rights under the ECHR have been violated may petition the European Court of Human Rights, established by the Convention, amended by Protocol 11 which came into force in November 1998, which established a single full-time Court. States may also make applications to the Court. The European Court is made up of judges from Council of Europe Member States who sit in the Strasbourg Court, in an independent capacity, and provide judgments on individual States compliance with the Convention (see 8.9 - Legal Recourse).

The European Social Charter of 1961 (ESC), as amended in 1996 is the counterpart of the ECHR, which sets out rights, and freedoms of the people within the Council of Europe in the economic and social sphere. The ESC, which came into force in February 1965, protects the right to work and a number of other rights related to employment, it also sets out specific obligations in relation to migrant workers from Council of Europe countries, and their families to protection and assistance in other states of the Council of Europe (see 8.5 - Migrant Workers). It provides for rights in a number of other spheres including: the right to protection of health; the right to social security, including the right of equal treatment with States nationals and nationals of other contracting parties; the right to social and medical assistance; the right to benefit from social welfare services; and the right of the family to social, legal and economic protection. Contracting Parties must aim to protect all these rights, they must also however be bound by at least five provisions specified in Article 20(b) and further provisions in 20(c) which in total must amount to more than 10. The European Committee of Social Rights was established under Article 24 and 25 of the ESC, as amended by a 1991 Protocol to the ESC. Contracting Parties to the Charter are required under Article 21 to submit reports on their undertakings under the ESC. 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. Article 1 provides for 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 be able to complain against state parties under the Charter (see 8.10 - Other Mechanisms of Recourse).

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.