The Council of Europe: Protecting human rights and fundamental freedoms

" Democracies do not become Nazi countries in one day. Evil progresses cunningly, with a minority operating, as it were, to remove the levers of control. One by one, freedoms are suppressed, in one sphere after another. Public opinion and the entire national conscience is asphyxiated . . . it is necessary to intervene before it is too late. A conscience must exist somewhere which will sound the alarm to the minds of the nation menaced by this progressive corruption, to warn them of peril. . ."
Pierre-Henri Teitgen, former French Minister of Justice, in a speech following the founding of the Council of Europe, 5 September 1949.

The death and suffering of people and the destruction of towns and cities during the second world war moved Europe's leaders to take steps to ensure that this should happen "never again". Responding to an earlier proposal by Winston Churchill, the governments of ten European countries met in London on 5 May 1949 to bring into being the Council of Europe, whose aims were to work towards "greater unity between its members" through "agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms".

From an organisation encompassing ten countries, the Council of Europe has developed into a truly pan-European intergovernmental organisation, with 41 member states today, and 4 countries waiting to join.

The Council of Europe's objectives today are as relevant and important as they were almost fifty years ago when the Organisation was established. With the dramatic changes in eastern and central Europe at the end of the 1980s, the Council of Europe became pivotal to the efforts of those countries seeking to adapt to democratic life and respect for human rights.

The road to effective democracy and full respect for human rights is long, with many obstacles along the way. A look around Europe shows just how difficult it is. Conflicts in the former Yugoslavia, the upsurge in intolerance, racism, anti-Semitism and xenophobia, increasing levels of unemployment and homelessness are just some examples of the problems besetting Europe today.

The Council of Europe continues to work towards democratic ideals, ensuring universality of human rights by promoting common standards throughout all member states, to the benefit of all, no matter who they are or where they are from. The people of Europe are entitled to enjoy all their rights - civil, political, economic, social and cultural - and the Council of Europe seeks to promote and protect the full range of rights, as part of an indivisible whole.

Activities

The Council of Europe undertakes a wide variety of programmes in the human rights field and many of its other activities, whether in the social, legal, education or cultural field contain important human rights dimensions.

Some human rights activities of the Council of Europe :

• protecting civil and political rights through the mechanism of an individual complaints procedure, where alleged violations can be heard by the European Commission and Court of Human Rights
• protecting social and economic rights through systems of monitoring and reporting on states' obligations and through a system for collective complaints
• protecting persons deprived of their liberty through a system of visits by a Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
• protecting the rights of national minorities
• working towards equality between women and men
• taking action against racism, xenophobia, anti-Semitism and intolerance
• working in close consultation with the media on matters concerning freedom of expression and related human rights issues
• promoting human rights awareness and encouraging human rights education in schools and among professional groups
• working with human rights organisations and institutions for the protection of human rights (Ombudsmen, National Commissions, etc.)

The Council of Europe: its organisation and structures for protecting and promoting human rights

The Council of Europe carries out these different activities through a range of structures with different mechanisms and means. Certain of these are political: the Committee of Ministers provides the executive decisions and guides the action of the organisation; governmental committees of experts follow up activities assigned to them by the Committee of Ministers, drafting recommendations, resolutions, conventions and other legal and non-legal texts; the Parliamentary Assembly provides the deliberative forum for the Council of Europe's work, bringing together representatives of the national parliaments; and the Congress of Local and Regional Authorities of Europe promotes democracy at local and regional level. Other judicial or non-judicial structures operate under conventions or legal agreements established within the framework of the Council of Europe. Some of the most important are:

• The European Convention on Human Rights
• The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
• The European Social Charter
• The Framework Convention for the Protection of National Minorities
• The Secretariat of the Council of Europe
• The Demosthenes Programme

Partners

The Council cannot work in a vacuum if it is to achieve its goals of strengthening democracy and furthering human rights. Therefore it works closely with a range of governmental partners, intergovernmental organisations and non-governmental organisations (NGOs) including professional associations.

Within the architecture of European organisations, the Council of Europe is responsible for a vast area of "democratic security" which cannot be assured without protecting and promoting human rights. In its activities it co-operates with and complements the activities of other organisations such as the European Union, the Western European Union, the Organisation for Security and Co-operation in Europe (OSCE), as well as with the United Nations and its specialised agencies and the North Atlantic Treaty Organisation (NATO). A large number of international NGOs have consultative status with the Council of Europe, and they, along with other national and local NGOs, regularly follow and contribute to the Council of Europe's work in the field of human rights.

The impact of the Council of Europe's work

• The right to life
• Freedom from torture and inhuman or degrading treatment or punishment
• The right to liberty and security of person
• The right to a fair trial
• The right to respect for private and family life, home and correspondence
• Freedom of expression and freedom of thought, conscience and religion
• Freedom of peaceful assembly and freedom of association
• Protection of employment
• The right to social protection for the whole population
• The right to education
• The right to peaceful enjoyment of possessions
• The right to free elections
• Freedom from discrimination
• Protection of the rights of national minorities
• Equality between women and men

Future challenges

• Building the common European home
• Compliance with commitments
• The way ahead