Commissioner for Human Rights

Not to be confused with United Nations High Commissioner for Human Rights.

The Commissioner for Human Rights is an independent institution within the Strasbourg-based Council of Europe, mandated to promote the awareness of and respect for human rights in member states. The current Commissioner is Thomas Hammarberg, from Sweden, who was elected for six years in 2005, and began his mandate on April 1, 2006 (succeeding Álvaro Gil-Robles).

Elected by the Parliamentary Assembly of the Council of Europe, the Commissioner seeks to engage in permanent dialogue with member states, continually raising awareness about human rights issues, and promoting the development of national human rights structures. The Commissioner conducts visits to each member state for an evaluation of the human rights situation, and issues reports, opinions and recommendations to governments.

The Commissioner also co-operates with a broad range of partners, including the European Union, the United Nations and its specialised offices, as well as leading human rights NGOs, universities and think tanks.

Mandate of the Commissioner

The mandate of the Commissioner is based on the resolution (99) 50 of the Council of Europe (adopted on May 7, 1999).^[1] It includes the following points:

foster the effective observance of human rights, and assist member states in the implementation of Council of Europe human rights standards; promote education in and awareness of human rights in Council of Europe member states; identify possible shortcomings in the law and practice concerning human rights; facilitate the activities of national ombudsperson institutions and other human rights structures; and provide advice and information regarding the protection of human rights across the region.[2]

The member states are obliged to "facilitate the Commissioner's contacts, including travel, in the context of the mission of the Commissioner and provide in good time information requested by the Commissioner". While the Commissioner "shall function independently and impartially." The Commissioner may act "on any information relevant to the Commissioner's functions".^[1]

The Commissioner "may directly contact governments of member States of the Council of Europe". The Commissioner may also "issue recommendations, opinions and reports." ^[1]

The Commissioner enjoys immunity "from arrest and all legal proceedings in the territories of all members, in respect of words spoken and votes cast".^[3]

The Ariticle 36 of European Convention on Human Rights admit "third paty intervention" relating European Court of Human Rights for the Commissioner stating that "In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.^[4]

Election of the Commissioner

The Commissioner is elected from a list of three candidates by the Parliamentary Assembly of the Council of Europe. The candidates may be submitted by the member states and must be their nationals.^[1]

According to the Resolution (99) 50:

The candidates shall be eminent personalities of a high moral character having recognised expertise in the field of human rights, a public record of attachment to the values of the Council of Europe and the personal authority necessary to discharge the mission of the Commissioner effectively. During his or her term of office, the Commissioner shall not engage in any activity which is incompatible with the demands of a full-time office.

The Commissioner is elected "for a non-renewable term of office of six years".^[1]

See also

• Human rights in Europe

References

1. ^ ^{a b c d e} Full text of COE resolution (99) 50
2. ^ Mandate of the Commissioner for Human Rights
3. ^ Statute of the Council of Europe, article 40
4. ^ European Convention on Human Rights, Article 36 - Third party intervention, section 3

External links

• Commissioner for Human Rights, Council of Europe
• The Commissioner´s Human Rights Comment