On the 5th of March ASSEDEL had the pleasure to be invited to the Council of Europe by the Commission of Human Rights for a training session. The meeting addressed themes such as how the commission works within and how this body interacts with other institutions like the ECtHR and the submission of executions of judgements of ECtHR.
The Commission of Human Rights was founded in 1999. This body has to act in an independent and partial way and it has no jurisdictional power. The commissioner is elected for a 6 year term by the Council of Europe Parliamentary Assembly (PACE) from a list of three candidates prepared by the committee of ministers. In addition, It is not allowed to run for a second term in order to preserve the partiality of the organism. The current Commissioner is Michael O’ Flaherty who has taken the office since April 2024.
The main goal of the Commission is to increase awareness about Human Rights, promoting education and ensuring their prevention. Since the start of his term Michael O’ Flaherty has stated the list of priorities of the commission which are: war in Ukraine, AI, Environment, Social Rights and Migration. Moreover,the commissioner has also highlighted the importance to protect social groups like Forgotten People and Human Rights Defenders
The commission operates its missions through the continuous circulation of country monitoring, country visits, and follow-up. Furthermore, the commission interacts with the member states through letters, meetings, statements, and memorandums. Following the developments in the member states on the field, the commissioner’s team can produce concrete thematic work on various issues such as gender inequality, immigration, and such. Besides these established working practices, the commissioner can contact the member states through communications under certain urgencies.
The commission brings a unique and necessary perspective to the Council of Europe. Although the core principles of the Council include respect for human rights, the existence of such a commission whose only focus is human rights is crucial for professional insights. Thus, the commissioner, under Article 36 of the European Convention on Human Rights, has the right of third-party intervention. Recently, the commissioner has executed its right to intervene in a court case against Poland, Belarus, and Latvia on the ill treatment of refugees at the borders and violent pushbacks. Furthermore, the commission enjoys Rule 9 of the Rules of the Committee of Ministers and can submit 9.2 submissions, which are directed at the judgements of the European Court of Human Rights and the implementation of its judgments by High Contracting States.
We thank the commissioner and his team for their honorable work and stance against any human rights violations. Also, we extend our gratitude to Ms. Kirchberger and Ms. Avci for their hospitality and their insightful demonstration of their commission.