ERD, Alm.del - 2022-23 (1. samling) - Bilag 2: Vedtagne tekster 4. session 2022

Europarådet 2022-23 (1. samling)
ERD Alm.del Bilag 2
Offentligt

2022 ORDINARY SESSION

Fourth part

10-14 October 2022

TEXTS ADOPTED

BY THE ASSEMBLY

Provisional versions

F – 67075 Strasbourg Cedex | Tel: + 33 3 88 41 2000 |

ERD, Alm.del - 2022-23 (1. samling) - Bilag 2: Vedtagne tekster 4. session 2022

Table of contents

Recommendations

Recommendation 2237 (2022)

Recommendation 2238 (2022)

Recommendation 2239 (2022)

Recommendation 2240 (2022)

Resolutions

Resolution 2456 (2022)

Resolution 2457 (2022)

Resolution 2458 (2022)

Resolution 2459 (2022)

Resolution 2460 (2022)

Resolution 2461 (2022)

Resolution 2462 (2022)

Resolution 2463 (2022)

Resolution 2464 (2022)

Resolution 2465 (2022)

Resolution 2466 (2022)

Resolution 2467 (2022)

Resolution 2468 (2022)

Supporting a European perspective for the Western Balkans (Doc.

15609)

Raising awareness of and countering Islamophobia, or anti-Muslim racism,

in Europe (Doc.

15616)

Misuse of the Schengen Information system by Council of Europe member

States as a politically-motivated sanction (Doc.

15600)

The honouring of obligations and commitments by Türkiye (Doc.

15618)

The honouring of membership obligations to the Council of Europe by

Hungary (Doc.

15619)

Safe third countries for asylum seekers (Doc.

15592)

Pushbacks on land and sea: illegal measures of migration management

(Doc.

15604)

Further escalation in the Russian Federation’s aggression against Ukraine

(Doc.

15631)

The impact of Brexit on human rights on the island of Ireland (Doc.

15615)

The fight for a level playing field – ending discrimination against women in

the world of sport (Doc.

15611)

The honouring of membership obligations to the Council of Europe by

Romania (Doc.

15617)

The future of work is here: revisiting labour rights (Doc.

15620)

Preventing vaccine discrimination (Doc.

15608)

Supporting a European perspective for the Western Balkans (Doc.

15609)

Safe third countries for asylum seekers

(

Doc. 15592

)

The future of work is here: revisiting labour rights

(

Doc. 15620

)

Preventing vaccine discrimination

(

Doc. 15608

)

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Recommendations

2237 to 2240

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Recommendation 2237 (2022)

Provisional version

Supporting a European perspective for the Western Balkans

Parliamentary Assembly

Strengthening democratic resilience and respect for the rule of law and human rights; promoting

reconciliation and good neighbourly relations; and creating the conditions for stronger economic and social

progress in the Western Balkans are a geostrategic investment in peace, stability and democratic security for

the whole of Europe. The Parliamentary Assembly, therefore, firmly believes that helping Albania, Bosnia and

Herzegovina, Montenegro, North Macedonia, Serbia and Kosovo*

meet their aspirations for closer European

integration is important not only for the countries concerned but for the European continent, and will benefit all

European citizens.

Noting that the revised EU enlargement methodology, introduced in 2020, puts an emphasis on

democracy, rule of law and human rights, areas in which the Council of Europe has an unparalleled expertise,

the Assembly believes that the Council of Europe should redouble its efforts to help the Western Balkan

countries make tangible and measurable progress towards meeting the EU enlargement criteria.

In addition, the Assembly considers that the Council of Europe, as a political organisation, should play a

greater role in promoting dialogue, inclusive regional co-operation, the normalisation of relations and the

solution of bilateral differences and disputes, hand in hand with the European Union and other like-minded

actors.

In the light of these considerations, the Assembly invites the Committee of Ministers to:

4.1. strengthen the political dimension of the strategic partnership between the Council of Europe

and the European Union in relation to the Western Balkans;

4.2. further develop co-operation activities addressed to the Western Balkan countries in priority

areas such as the rule of law and good governance, including efficiency, independence and

accountability of the judiciary, anti-corruption, public administration reform, and civil participation in

public decision making;

4.3.

support civil society initiatives in the region, especially those relating to reconciliation;

4.4. consider strengthening and expanding the Council of Europe activities relating to confidence

building measures and conflict prevention in the region;

4.5. step up the political dimension of its engagement in the Western Balkans, for instance by

creating

ad hoc

working groups, taking the lead in promoting regional or bilateral dialogue, and

supporting the implementation of agreements which are achieved thanks to the European Union’s

mediation or facilitation.

1. Assembly debate on 11 October 2022 (28th sitting) (see

Doc. 15609,

report of the Committee on Political Affairs and

Democracy, rapporteur: Mr George Papandreou). Text adopted by the Assembly on 11 October 2022 (28th sitting).

See also

Recommendation 2237 (2022).

2. *Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in

full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

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Resolution 2456 (2022)

The Assembly also urges the Western Balkans to address with resolve and without delay outstanding

challenges, such as a polarised political climate which often affects the collaboration between political forces

and sometimes leads to interinstitutional deadlocks and conflicts; serious rule of law and good governance

issues which affect the independence and impartiality of the judiciary and the functioning of the public

administration; issues relating to the rights of national minorities and minority communities and the persistence

of cleavages along ethnic lines which affect many aspects of life; and problems relating to freedom of the

media and media ownership. Greater efforts are also necessary to strengthen reconciliation and enhance civil

society engagement.

Noting that the revised EU enlargement methodology, introduced in 2020, puts an emphasis on

democracy, rule of law and human rights, areas in which the Council of Europe has an unparalleled expertise,

the Assembly believes that the Council of Europe should redouble its efforts to help the Western Balkan

countries make tangible and measurable progress towards meeting the EU enlargement criteria.

Furthermore, the Assembly considers that the Council of Europe, as a political organisation, should play

a greater role in promoting effective and inclusive regional co-operation, the normalisation of relations and the

solution of bilateral differences and disputes. This should be done hand in hand with the European Union and

other like-minded actors.

In the light of the above, the Assembly calls on the European Union to:

9.1. give fresh impetus to the enlargement process for the Western Balkans, rewarding progress in

compliance with criteria and sparing no effort to promote a climate of trust and positive momentum;

9.2. in the context of their strategic partnership and taking into account their common values and

convergence of interests, intensify political dialogue with the Council of Europe on how to accelerate

the European perspective of the Western Balkans, paying attention to the ownership and sustainability

of the reforms, and the need to involve civil society;

9.3. make full use of Council of Europe tools and expertise in the field of rule of law, democracy and

human rights, especially in the context of benchmarking and the implementation of co-operation

activities, including in the context of the Horizontal Facility for the Western Balkans and Turkey;

9.4.

continue to provide financial support to the Council of Europe for joint interventions in the region.

10. The Assembly calls on the authorities in Albania, Bosnia and Herzegovina, Montenegro, North

Macedonia, Serbia and Kosovo to:

10.1. work towards improving the political culture with a view to ensuring collaboration between

political forces and institutions;

10.2. further strengthen the efficiency, independence, impartiality and accountability of the judiciary;

10.3. further improve the functioning of the public administration at all levels of governance and

strengthen the professionalism, integrity and neutrality of the civil service;

10.4. step up the fight against corruption;

10.5. enhance the participation of civil society in political decision making;

10.6. refrain from inflammatory discourse, including on ethnic grounds;

10.7. protect and promote the rights of national minorities and minority communities;

10.8. ensure freedom of the media and address outstanding issues relating to media ownership, while

being vigilant against disinformation and other forms of interference with democratic processes,

including via the media;

10.9. be exemplary in promoting reconciliation;

10.10. further align with the Common Foreign and Security Policy of the European Union, including in

relation to the sanctions and other measures taken in response to the Russian Federation’s aggression

against Ukraine;

10.11. support regional co-operation and rules-based multilateralism.

11.

The Assembly calls on Council of Europe member States to:

11.1. support the efforts of the Western Balkans to fully pursue their European vocation;

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Resolution 2456 (2022)

11.2. support the implementation of co-operation activities, including at parliamentary level, aimed at

ensuring that the Western Balkans make further progress towards meeting the criteria for EU

membership;

11.3. contribute financially to Council of Europe co-operation activities in the region;

11.4. contribute financially to the projects of the Council of Europe Development Bank targeting the

Western Balkans;

11.5. promote, through their diplomacy, reconciliation efforts and good neighbourly relations in the

region.

12. As regards its own activities, the Assembly resolves to play a greater role in supporting a European

perspective for the Western Balkans by:

12.1. holding debates on promoting a European perspective for the Western Balkans, with the

participation of EU officials and leaders from the region;

12.2. stepping up inter-parliamentary co-operation activities addressed to the countries concerned,

aimed at enhancing democratic resilience, institutional capacity, the ownership and sustainability of

reforms and civil society consultation and participation in the political decision-making process;

12.3. developing initiatives offering the countries concerned an additional platform for parliamentary

diplomacy aimed at promoting dialogue, reconciliation, confidence building and good neighbourly

relations;

12.4. strengthening consultation, co-ordination and co-operation with the European Parliament,

including through enhanced political dialogue and the organisation of joint events and meetings.

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Resolution 2457 (2022)

Provisional version

Raising awareness of and countering Islamophobia, or anti-

Muslim racism, in Europe

Parliamentary Assembly

Islamophobia, or anti-Muslim racism (the two terms are used interchangeably in this text), is a form of

racism, intolerance and discrimination against Muslims and those who are perceived as Muslims. While linked

to religion, Islamophobia cannot be reduced to discrimination based on the grounds of religion, as it results

from a “racialised” perception based on various markers that include ethnic or national origin, appearance and

cultural characteristics, and may overlap with anti-immigrant sentiments, xenophobia and social class bias.

As highlighted by the European Commission on Racism and Intolerance (ECRI), anti-Muslim racism

can be manifested, implicitly or explicitly, not only in individual attitudes and actions, but also structurally in

policy initiatives or institutional arrangements. Its manifestations include prejudice, stigmatisation,

discrimination (including profiling), hate speech and hate crime, as well as exclusion in key areas of life such

as education, employment and housing.

Women are disproportionately affected by Islamophobia, as they face multiple and intersectional

discrimination and are often more easily identifiable as Muslim. Measures to address anti-Muslim racism and

discrimination should consistently be based on an intersectional approach, taking in consideration grounds of

discrimination including gender, ethnic origin, migrant background, religion, sexual orientation, gender identity,

gender expression and sexual characteristics.

The Parliamentary Assembly is deeply concerned by the constant increase in signs of Islamophobia in

Europe, with a dramatic spike in recent years, as denounced by numerous human rights and equality bodies

at European and global levels.

The Assembly condemns the use of Islamophobic rhetoric in public and political discourse, particularly

by populist and far-right movements, but which often spreads to mainstream politics. It believes that

stereotyping based on depicting Muslims as alien to, and incompatible with, European culture and values

leads to further stigmatisation and exclusion. The Assembly also denounces racist and Islamophobic

conspiracy theories, notably the fabricated idea that non-white and Muslims aim to outnumber the rest of the

European population (the “Great replacement” theory).

The Assembly is convinced that Council of Europe member States should strive to create an open and

inclusive society and address the root causes of anti-Muslim racism and discrimination, including stereotyping,

prejudice, stigmatisation and scapegoating of individuals and groups perceived as different from the majority

of the population.

Stressing that Islamophobia is a severe violation of human rights and human dignity, which undermines

social cohesion and peaceful living together in Europe, the Assembly calls on Council of Europe member

States to address it as a matter of priority, as a specific form of racism, and for its specific inclusion in

antidiscrimination and antiracism action plans.

Assembly debate

on 11 October 2022 (29th sitting) (see

Doc. 15616,

report of the Committee on Equality and Non-

Discrimination, rapporteur: Mr Momodou Malcolm Jallow).

Text adopted by the Assembly

on 11 October 2022

(29th sitting).

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Resolution 2457 (2022)

Referring to its

Resolution 1840 (2011)

“Human rights and the fight against terrorism” and

Resolution

2031 (2015)

“Terrorist attacks in Paris: together for a democratic response”, the Assembly stresses that the

fight against terrorism, vital for the safety of citizens and the protection of democratic institutions, must be

conducted ensuring respect for human rights, the rule of law and the common values upheld by the Council of

Europe.

The Assembly welcomes the adoption of the revised ECRI General Policy Recommendation No.5 on

Preventing and combating anti-Muslim racism and discrimination and considers that it should be fully

implemented by public authorities in Council of Europe member States and beyond to prevent and counter

this form of racism.

10. The Assembly welcomes the adoption by the Committee of Ministers, on 20 May 2022, of

Recommendation CM/Rec(2022)16 to member States on combating hate speech, and considers that it should

be fully implemented by Council of Europe member States. The Recommendation contains indications to

State authorities on countering hate speech through civil, administrative and criminal law as well as alternative

measures. The Recommendation also includes guidance for other actors including public officials, political

parties, internet intermediaries, media and civil society organisations.

11. The Assembly welcomes the unanimous decision by the United Nations General Assembly to proclaim

15 March as the International Day to Combat Islamophobia, as an opportunity both to commemorate victims

of this form of discrimination and to raise awareness, with a view to preventing and countering anti-Muslim

racism.

12. The Assembly acknowledges and supports the work of civil society organisations in countering all forms

of racism, intolerance and discrimination, including Islamophobia. Referring to its

Resolution 2362 (2021)

and

Recommendation 2194 (2021)

“Restrictions on NGO activities in Council of Europe member States” the

Assembly reiterates that non-governmental organisations (NGOs) make an essential contribution to the

progress and development of democracy, the rule of law and human rights, and that Council of Europe

member States are required, in particular, to ensure respect for the rights to freedom of expression, assembly

and association.

13. Referring to its

Resolution 2222 (2018)

“Promoting diversity and equality in politics”, the Assembly

reiterates that parliaments and other elected institutions should fully reflect in this particular context the

complex diversity of European societies.

14. In the light of these considerations, the Assembly calls on Council of Europe member and observer

States, as well as on all States whose parliaments enjoy observer or partner for democracy status to the

Assembly, to:

14.1. regarding antiracism and antidiscrimination legislation and policies:

14.1.1. adopt action plans on preventing and combating Islamophobia or ensure that action

plans on racism and discrimination refer to and address Islamophobia specifically;

14.1.2. improve data collection and ensure that equality data are available to support the

design, implementation, monitoring and assessment of antidiscrimination legislation and

policies. Equality data to prevent and counter Islamophobia should be disaggregated by gender,

national and ethnic origin and religion, and should be collected anonymously, voluntarily and

based on an individual’s self-identification as belonging to certain groups;

14.1.3. ensure full enjoyment of the right to freedom of thought, conscience and religion as

stipulated by Article 9 of the European Convention on Human Rights;

14.1.4. engage in co-operation and provide support to civil society organisations active in

antiracism, equality and non-discrimination, including those working specifically on Islamophobia

and representing Muslim individuals and communities;

14.1.5. encourage and support dialogue and co-operation between groups and communities of

different religious backgrounds;

14.1.6. sign and ratify Protocol No. 12 to the European Convention on Human Rights (ETS

No. 177) and the Additional Protocol to the Convention on Cybercrime concerning the

criminalisation of acts of a racist and xenophobic nature committed through computer systems

(ETS No. 189), if they have not already done so;

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Resolution 2457 (2022)

14.1.7. disseminate and fully implement ECRI’s revised General Policy Recommendation

No. 5 Preventing and combating anti-Muslim racism and discrimination, and strengthen co-

operation with ECRI while fully supporting its monitoring activities;

14.1.8. disseminate and fully implement Recommendation CM/Rec(2022)16 of the Committee

of Ministers to member States on combating hate speech;

14.2. regarding anti-terror measures:

14.2.1. ensure that counterterror legislation and policies are sufficiently circumscribed to avoid

them being used in arbitrary and discriminatory ways;

14.2.2. refrain from applying unclear or overly broad definitions of “terrorism” and ensure that

each constituent element of terrorism-related offences is precisely defined, in accordance with

the principle of legality;

14.2.3. ensure that the application of counterterror measures is adequately justified, and that

these measures are not applied automatically or beyond their legal purpose;

14.2.4. refrain from the dissolution of any institution, including Muslim civil society

organisations, unless demonstrably necessary and proportionate, and ensure that judicial

procedures are available to appeal dissolution decisions;

14.3. regarding awareness-raising, information and education:

14.3.1. conduct awareness-raising and information campaigns and activities targeting the

general public to convey the message that preventing and combating Islamophobia, like any

other form of racism, is the responsibility of all members of society;

14.3.2. provide public servants in all sectors of administration, including education, healthcare,

law enforcement and the judiciary, with training on racism and discrimination issues, enabling

them to prevent and react to discrimination and harassment linked to Islamophobia and other

forms of racism;

14.3.3. ensure that school curricula, in particular in history, geography, literature and religion,

as appropriate, include accurate information on the presence of Muslim people in Europe and

their contribution to European culture and development.

15. The Assembly highlights that particular attention must be paid to preventing and countering

discrimination against Muslim women, as detailed in

Resolution 1887 (2012)

“Multiple discrimination against

Muslim women in Europe: for equal opportunities”.

16. The Assembly calls on political leaders to speak out against Islamophobia and all other forms of

intolerance, and on political parties to sign the Charter of European political parties for a non-racist and

inclusive society as endorsed in its

Resolution 2443 (2022).

17. The Assembly calls on the media and cultural industries, including the press, television and online news

providers, to ensure accurate, unbiased reporting of news and information that are relevant to Muslim

individuals and groups, and to refrain from negative stereotyping and stigmatisation of Muslims.

18. The Assembly invites the Committee on the Honouring of Obligations and Commitments by Member

States of the Council of Europe (Monitoring Committee) and its rapporteurs to pay due attention to

manifestations of Islamophobia, in the context of racism and intolerance, when conducting monitoring

procedures and periodic reviews of the membership obligations and commitments entered into by Council of

Europe member States.

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Resolution 2458 (2022)

Provisional version

Misuse of the Schengen Information system by Council of

Europe member States as a politically-motivated sanction

Parliamentary Assembly

The Parliamentary Assembly recalls its

Resolution 1894 (2012)

“The inadmissibility of restrictions on

freedom of movement as punishment for political positions” and stresses that since its adoption, many

changes to the functioning of the Schengen Information System (SIS), including its reshaping into a more

advanced version – SIS II – have been put in place.

The Assembly recalls that, in principle, States have a sovereign right under international law to decide

on who shall be allowed to enter their territories. The European Convention on Human Rights (ETS No. 5)

does not guarantee a right to entry to a specific State, as the European Court of Human Rights has repeatedly

stressed.

New cases of allegedly unjustified alerts, including ones on politically motivated grounds, have been

reported. The Assembly condemns such practices and recalls that member States of the Schengen Area are

bound not only by the European Union legal order, but also by the European Convention on Human Rights,

which shall “secure” the rights and freedoms guaranteed therein to “everyone within their jurisdiction”, notably

the right to respect for private and family life and the protection against discrimination. This includes foreigners

applying for a visa or seeking entry at the external border of the Schengen Area, all of whose member States

are States Parties to the Convention.

The free movement of persons is one of the four basic freedoms of the European Union. The existence

of the Schengen Area, based on the 1985 Schengen Agreement and the 1990 Schengen Convention, has

strengthened this right by abolishing checks at internal borders, whilst subjecting the crossing of the European

Union’s external border to more stringent controls and various preventive measures. In this respect, the SIS,

whose purpose is to maintain a high level of security within the Schengen Area, is a key tool. Its good

functioning depends on mutual trust between national authorities.

The Assembly notes than the current European Union legal framework on SIS II, by referring to the

notion of a “threat to public policy or public security or to national security”, gives a large amount of discretion

to the Schengen Area member States in deciding whether and in which circumstances they can place alerts in

SIS II. It stresses that the use of alerts should not lead to any misuse of the system and should not infringe the

human rights of third country nationals trying to enter the Schengen Area, in particular the right to respect for

private and family life, the right to freedom of expression, the right to freedom of movement and the right to an

effective remedy. If need be, additional measures should be taken to prevent misuse of the SIS and improve

the protection of human rights of third-country nationals subject to alerts in the SIS.

Therefore, the Assembly calls on member States of the Schengen Area to:

6.1.

6.2.

enter only accurate and lawful data in SIS II;

make sure that the data in SIS are not entered for political reasons;

Assembly debate

on 11 October 2022 (29th sitting) (see

Doc. 15600,

report of the Committee on Legal Affairs and

Human Rights, rapporteur: Mr Ziya Altunyaldiz).

Text adopted by the Assembly

on 11 October 2022 (29th sitting).

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6.3. respect the principles of proportionality and individual assessment of each case, when issuing

alerts in SIS II;

6.4. introduce transparency and adequate monitoring and verification mechanisms concerning the

interoperability of large-scale information systems so that the data registered in one system are not

unduly used by the other systems;

6.5. provide for persons subject to a SIS II alert effective and timely remedies against national

administrative or judicial authorities’ decisions which have been at the origin of the alert;

6.6.

II;

observe the right of third-country nationals to be informed about the inclusion of an alert in SIS

6.7. stop practices that prevent citizens of States not belonging to the Schengen Area from

participating in the cultural, social and scientific activities in the Schengen Area and hamper free trade;

6.8. avoid any misuse of SIS II that could prevent the establishment of commercial activities and a

more effective investment co-operation;

6.9. adjust their national legislations to ensure that administrative decisions on refusal to issue a

Schengen visa due to political or other reasons are subject to judicial review in the relevant member

State;

6.10. take all measures to ensure that the use of SIS and related systems should not set an obstacle

to the achievement of a greater unity between Council of Europe member States, as enshrined in the

Council of Europe Statute (ETS No. 1);

6.11. provide for persons subject to a SIS II alert the right to access data relating to them and to

request the correction of inaccurate data or the deletion of data which have been unlawfully stored in

SIS II;

6.12. provide for such persons the possibility to bring effective legal action before the courts or other

competent bodies in order to access, correct, delete or retrieve data, or to obtain, where relevant,

compensation in connection with an alert relating to them;

6.13. make use of the Supplementary Information Request at the National Entries network (SIRENE)

to verify relevant information before denying admission or a short-term visa to a third-country national;

6.14. enhance co-operation between the competent national authorities examining individual cases of

alerts (courts, data protection controllers and other relevant bodies);

6.15. establish a mediation (ombudsperson-type) body, whose main task would be to examine

whether human rights standards have been observed by national authorities when entering an alert in

SIS II or denying entry to third country nationals on the basis of such an alert;

6.16. pay particular attention to alerts entered by States found in systematic breach of the rule of law

by the European Commission or under the Parliamentary Assembly of the Council of Europe’s

monitoring procedure for the functioning of democratic institutions and the rule of law.

The Assembly also invites the European Union and calls on its member States to conclude as soon as

possible the revision of the Schengen Evaluation Mechanism and to examine ways in which current and

possible future deficiencies in the functioning of SIS II could be avoided. It invites the European Union to

involve the European Parliament in these processes.

It also invites the European Union and calls on its member States to:

8.1. adopt guidelines on minimum common standards governing the SIS II alert procedure that would

be applicable to third-country nationals as well as substantive criteria for issuing SIS II alerts;

8.2. consider establishing a mediation (ombudsperson-type) body, whose main task would be to

examine whether human rights standards have been observed by national authorities when entering an

alert in SIS II or denying entry to third country nationals, or granting this competence to the European

Ombudsman, the Fundamental Rights Agency of the European Union, the European Data Protection

Supervisor or another European Union body.

The Assembly also calls on member States of the Schengen Area to collect and exchange data about

current national practices concerning the use of SIS II alerts and their impact on human rights, and to co-

operate in this respect also with Council of Europe member States which are not members of the European

Union.

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Resolution 2459 (2022)

Provisional version

The honouring of obligations and commitments by Türkiye

Parliamentary Assembly

In April 2017, the Parliamentary Assembly decided to place Türkiye under the monitoring procedure.

Since then, it has closely followed the developments in the country in a spirit of dialogue and co-operation with

the Turkish authorities. The Assembly has paid particular attention to the unaddressed structural deficiencies

in the functioning of Türkiye’s democratic institutions, as identified by Council of Europe monitoring

mechanisms. The Assembly has undertaken to make a mid-term review of the monitoring procedure, focusing

specifically on the implementation of the judgments of the European Court of Human Rights, the judiciary and

challenges to the rule of law, and the preparation of the 2023 parliamentary and presidential elections.

Significant political developments have occurred since the adoption of the 2017 report: constitutional

amendments establishing a presidential system were adopted in 2017 by 51,4% of the voters and a new

political system was put in place. In recent years, worrying political developments have impacted the

functioning of democratic institutions. In particular, it became challenging for members of the political

opposition to exercise their elected mandates in a free and safe environment.

In reaction to these developments, the Assembly organised three debates under urgent procedure. The

first in January 2019 on “The worsening situation of opposition politicians in Turkey: what can be done to

protect their fundamental rights in a Council of Europe member State?” (see

Resolution 2260 (2019)),

the

second in October 2020 on the “New crackdown on political opposition and civil dissent in Turkey: urgent

need to safeguard Council of Europe standards” (see

Resolution 2347 (2020))

and the third in April 2021 on

“The functioning of democratic institutions in Turkey” (see

Resolution 2376 (2021)).

Issues of concern identified by the Assembly include the independence of the judiciary, the separation

of powers and checks and balances, restrictions on freedom of expression and of the media, the overly-broad

interpretation of anti-terror legislation, the implementation of judgments of the European Court of Human

Rights, restrictions on the protection of human rights, and infringement of the fundamental rights of politicians

and (former) members of parliament from the opposition, and also lawyers, journalists, academics and civil

society activists.

The Assembly also remains vigilant about the safeguard of women’s rights and gender equality in

Türkiye. In this context, it regrets the decision of the President of the Republic to withdraw from the Council of

Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS

No. 210, the “Istanbul Convention”) in March 2021 and sincerely hopes that a way will be found for Türkiye to

reintegrate the Istanbul Convention, which has become the gold standard in the fight against violence against

women and domestic violence.

The Assembly acknowledges that Türkiye has faced and is still facing various and serious terrorist

threats in a region that is unstable. However, the response to these threats must be in compliance with human

rights, rule of law and democracy standards.

Assembly debate

on 12 October 2022 (30th sitting) (see

Doc. 15618

and

Doc. 15618 Add.,

report of the Committee

on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee),

co-rapporteurs: Mr John Howell and Mr Boriss Cilevičs).

Text adopted by the Assembly

on 12 October 2022 (30th sitting).

https://pace.coe.int

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Resolution 2459 (2022)

Moreover, Russia's aggression against Ukraine has added new concerns for regional security and

stability. In this respect, the Assembly welcomes the mediation efforts undertaken by Türkiye with a view to

resolving the conflict, and commends the role played by Türkiye in facilitating the signature of the United

Nations-brokered Black Sea Grain Initiative of 22 July 2022.

Concerning the execution of the judgements of the European Court of Human Rights:

8.1. While acknowledging that Türkiye has implemented an important number of European Court of

Human Rights rulings, the Assembly recalls that the implementation of all rulings of the Court is at the

core of the protection of fundamental rights in all member States; the findings of the Court should be

respected, and not disregarded. In this context, the Assembly calls on Türkiye to adopt a constructive

approach and abide by its obligations in a spirit of good faith and in accordance with the principle of the

rule of law.

8.1.1. In this respect, the Assembly was appalled by the aggravated life-sentence given to

philanthropist Osman Kavala on 25 April 2022 by the 13

High criminal court, this,

notwithstanding that the European Court of Human Rights had urged the Turkish authorities to

release Mr Kavala having found his pre-trial detention unlawful and pursuing an ulterior purpose

– namely to silence him and dissuade other human rights defenders.

8.1.2. On 2 February 2022, the Committee of Ministers decided to bring infringement

proceedings against Türkiye over its failure to implement this ruling of the European Court of

Human Rights – a rare procedure which had only been triggered once. While the Turkish

authorities argued that Mr Kavala had been released in February 2020, the European Court

confirmed, on 11 July 2022, that Türkiye had failed to implement the judgment by re-arresting

Mr Kavala on charges based on facts that were similar, or even identical, to those that the Court

had already examined in its judgment.

8.2. Reiterating its call on Türkiye to implement the court judgements, the Assembly will follow with

close attention the activities of the Committee of Ministers with respect to the follow-up of the

infringement proceedings under Article 46.4 of the European Convention on Human Rights (ETS No.

5). It calls on the support of member States to the Committee of Ministers to ensure that decisions in

this respect will not undermine or jeopardise the effectiveness of the system of protection of

fundamental rights and the credibility of the Court, as this would open the way to a dangerous and

detrimental trend for other Council of Europe member States.

8.3. In this respect, the Assembly welcomes the decision of the Ministers’ Deputies of 22 September

2022 related to the implementation of the Kavala judgment and its reference to the Assembly. It invites

the President of the Assembly and the Chair of the Committee of Ministers to maintain close contacts

and make full use of the means at their respective disposal, if Türkiye’s failure to comply with its

obligations should persist.

8.4. Noting that domestic procedures are still onward going, the Assembly underscores that the

solution to the Kavala case lies in the hands of the Turkish judicial system. The latter has the capacity

to find a legal solution and show a more diligent interpretation of the Court judgement, in compliance

with its ruling and with international law. In the meantime, the Assembly reiterates its call for the release

of Mr Kavala.

8.5. The Assembly also continues to follow the implementation of the Court judgement of December

2020 relating to the detention of opposition leader Selahattin Demirtaş (who has been in detention since

2016) and its supervision by the Committee of Ministers. The Court had also concluded that Article 18

of the Convention had been violated, and that Mr Demirtaş’ detention sought an ulterior purpose,

namely to stifle political debate. The Assembly reiterates its call for Mr Demirtaş’ release. The Assembly

also urges the authorities to ensure that Mr Demirtaş’ individual application challenging his current

detention, which has been pending before the Constitutional Court since 7 November 2019, be

examined rapidly, and in a manner compatible with the spirit and conclusions of the Court’s judgment,

including in particular its reasoning under Article 18 of the Convention, as recalled by the Ministers'

Deputies on 22 September 2022.

8.6. The Assembly has highlighted, in its previous resolutions, the restrictive environment for civil

society organisations. In this respect, the Assembly is shocked by the conviction of Mr Kavala’s co-

defendants in the Gezi trial – all renowned persons, including architects, intellectuals, prominent civil

society activists, including the Director of the Council of Europe School of Political Studies – to 18 years

of prison. The Assembly calls for their immediate release and for their charges to be dropped.

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Concerning the independence of the judiciary:

9.1. The Assembly recalls that the European Commission for Democracy through Law (Venice

Commission), in its 2017 opinion, had concluded that the constitutional amendments establishing a

presidential system did not guarantee the separation of powers and the independence of the judiciary,

notably due to the composition of the Council of judges and prosecutors.

9.2. Despite steps taken by the authorities – including the adoption of an Action Plan on Human

Rights in March 2021 and the Fourth Judicial Package in July 2021 – the authorities have not been able

to address and redress some of the systemic issues which seriously undermine the functioning of the

justice system:

9.2.1. The right to a fair trial (which represents 70% of the violations found by the

Constitutional Court in individual application cases lodged since 2012) and, in particular, the

violation of the right to a trial within a reasonable time (which was found in 90% of the rulings of

the Constitutional Court in 2020 and 2021) should be secured. Noting that the Constitutional

Court has launched a “pilot judgment procedure” and suspended these cases, the Assembly

urges the authorities to take all necessary legal steps requested by the Constitutional Court to

reduce the length of procedures.

9.2.2. In this context, the Assembly stresses the important role of the Constitutional Court in

promoting the protection of fundamental freedoms, including the right to a fair trial, notably

through the mechanism of individual applications, and calls for the strengthening of the

Constitutional Court’s independence. The Assembly urges the authorities to ensure more

effective and systematic implementation of its rulings by lower courts and welcomes the co-

operation established with the Council of Europe to find common solutions.

9.2.3. The Assembly also remains concerned about the situation in prisons and calls on the

authorities to implement the recommendations of the European Committee for the Prevention of

Torture and Inhuman or Degrading Treatment or Punishment (CPT) and to authorise the

publication of all its reports. It welcomes the commitment by the authorities to a zero-tolerance

policy towards ill-treatment and torture, but nonetheless urges them to take more resolute and

credible action to investigate thoroughly serious allegations of ill-treatment and torture. It also

urges the authorities to pay attention to the situation of seriously ill prisoners, including former

MP Aysel Tuğluk.

10.

Concerning the upcoming presidential and parliamentary elections scheduled in 2023:

10.1. The Assembly values the commitment of the Turkish people to democratic processes through

their high participation in elections and a vibrant political scene.

10.2. The Assembly however remains very concerned by the ongoing crackdown on members of the

political opposition, including the procedures seeking to lift the parliamentary immunity (overwhelmingly

of opposition parties), and more generally acts of violence suffered by opposition politicians which have

put political pluralism and the functioning of democratic institutions at risk. The case against Canan

Kaftancıoğlu, Head of the Republican People's Party (CHP) provincial branch of Istanbul, convicted to

nearly 5 years in prison (and released under supervision) based on old Tweets, and for,

inter alia,

allegedly “insulting the President”, and the ban on her participating in political life, is yet another

example of this restrictive and punitive environment in which opposition members are operating.

10.3. The Assembly will closely follow the ongoing procedure related to the attempt to close the

Peoples' Democratic Party (HDP) – which is the third largest party in parliament – and to ban 451 HDP

politicians from political life. The Assembly recalls that closures of political parties are a drastic measure

which should occur only as a last resort. As already stressed in its

Resolution 2376 (2021),

the

Assembly remains confident that the Constitutional Court will be guided by the strict regulations

governing the closure of political parties in Türkiye, the case law of the European Court of Human

Rights – where exceptions set out in Article 11 need to be construed strictly, with a limited margin of

appreciation of Contracting States – and by the 1999 “Guidelines on the prohibition and dissolution of

political parties, and analogous measures” of the Venice Commission.

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Resolution 2459 (2022)

10.4. The Assembly notes that the Turkish Parliament adopted, on 25 April 2022, amendments to the

electoral law, regrettably without extensive consultations and debates and failing to reach a political

consensus, as highlighted by the Venice Commission in June 2022 in its joint opinion (CDL-

AD(2022)016)

with the Office for Democratic Institutions and Human Rights of the Organization for

Security and Cooperation in Europe (OSCE/ODIHR).

10.4.1. The Assembly welcomes the lowering of the electoral threshold from 10% to 7% – a

long-lasting request from the Assembly – as well as new arrangements facilitating the

participation of visually impaired persons in elections.

10.4.2. However, other provisions of this law are problematic: the Venice Commission raised

concerns,

inter alia,

about the criteria required from political parties to qualify to stand for

elections, which “favours larger and well-established political parties”, and the new composition

of the district and provincial electoral boards: their judicial members will no longer be the three

most senior judges in the province but determined “by drawing lots” from eligible judges. For the

Venice Commission, this “potentially makes appointment more susceptible to political pressure

and manipulation in light of the limited safeguards in the judicial appointment system to ensure

the independence of judges”. This new regulation is also a major source of concern for the

opposition.

10.4.3. Changes were also made in the legal provisions concerning the misuse of office in

election campaigns; the Venice Commission recommended that “the President does not stand

outside the party system but, rather, is part of it, there is no reason why s/he should not be

subject to the restrictions in the same ways as other high public officials to prevent conflicts of

interest and misuse of administrative resources”.

10.4.4. In light of the recommendations made by the Venice Commission, the Assembly urges

the Turkish authorities to proceed to the proposed changes or, at the least, to implement the

legislation in a spirit that will be conducive to a level playing field. The electoral legal framework

should ensure equal opportunities for all political players, and this will constitute an important

criterion to assess the fairness of the upcoming elections.

10.5. Another essential component of political debates and elections campaigns is freedom of

expression. However, there are serious concerns about ongoing restrictions and legal proceedings

hampering the exercise of this right. Recalling its previous requests and the Venice Commission’s

2016

opinion,

the Assembly calls on Türkiye to, notably, amend Article 301 (Degrading Turkish Nation, State

of Turkish Republic, the Organs and Institutions of the State) and Article 125 (insult to officials), as well

as to abrogate Article 299 (Insult to the President) in accordance with emerging European consensus

towards decriminalisation of defamation of the Head of State, and taking into account the judgment of

the Court in the

Vedat Şorli v. Turkey

case and the Court’s case law.

10.6. In particular the overly-broad interpretation of the anti-terrorism law has undermined freedom of

expression and fundamental rights. The Assembly reiterates its concerns that such interpretation of the

law has been used as a tool to stifle political debate and the activities of civil society. Drawing

inspiration from the amendment of Article 7 of the Anti-Terrorism Law in October 2019, the Assembly

encourages the authorities to amend further articles of the Anti-Terrorism Law and the Criminal Code

which have led to violations of the right to freedom of expression, to clarify that the exercise of the right

to freedom of expression does not constitute an offence, in the same way that Article 7 now states that

expressions of thought that do not exceed the boundaries of reporting or for the purpose of criticism

shall not constitute criminal activity.

10.7. Media play an important role in election campaigns. Freedom of media, however, remains a

challenge. The Assembly notes that long-standing issues remain problematic, such as attacks against

journalists, the control of media by the State, the use or withholding of advertising funds as a means to

marginalise and criminalise media critical of the regime. The Assembly is concerned by the draft

amendment of Article 217/A to the Turkish Criminal Code that would criminalise the dissemination of

“false or misleading information” and lead to prison sentences. For the Venice Commission, such

amendment would amount to an interference with the freedom of expression which “would be neither

'necessary in a democratic society’ nor proportionate to the legitimate aims of prevention of disorder

and protection of national security, of health and of rights of others”. Beside its potential detrimental

impact, namely, the chilling effect and increased self-censorship, this amendment could cause

irreparable harm to the exercise of freedom of speech before elections. The Assembly is therefore very

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Resolution 2459 (2022)

concerned about the possible consequences of this legislation in view of the presidential and

parliamentary elections planned in 2023 and urges the Turkish authorities, in light of the Venice

Commission’s urgent opinion of October 2022, not to enact this draft amendment to the Criminal Code.

10.8. The Assembly stresses that transparency and accountability are key for democracies and that

transparency of party funding is important to ensure fair electoral competition. The Assembly regrets

the lack of progress concerning the implementation of the recommendations of the Group of States

against Corruption (GRECO) and urges the authorities to take action to increase transparency of party

funding, to adopt a law on ethical conduct for members of parliament, to ensure transparency of the

legislative process and to adopt measures to ensure parliamentary members’ integrity. The Assembly

also recalls GRECO’s previous concerns about the weakened judicial independence, which impacts on

the fight against corruption.

11. The Assembly notes that the change of the political system adopted in 2017 – while being a sovereign

right of any member State – has seriously weakened the democratic institutions in Türkiye and made the

system of checks and balances dysfunctional and deficient. The Assembly expresses the urgent need for

reforms to restore the full independence of the judiciary and effective checks and balances. The Turkish

authorities need to ensure that all conditions will be met to guarantee free and fair elections, including the

ability of the opposition to operate, and journalists to work in an independent way. The Assembly remains at

the disposal of the authorities to pursue a constructive dialogue. It resolves, in the framework of the monitoring

procedure for Türkiye, to continue to follow the developments in the country concerning democracy, rule of

law and human rights.

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Resolution 2460 (2022)

Provisional version

The honouring of membership obligations to the Council of

Europe by Hungary

Parliamentary Assembly

Hungary joined the Council of Europe on 6 November 1990 and has been an active member State of

the Organisation ever since. It was the first of the former communist countries to ratify the European

Convention on Human Rights (ETS No. 5, “the Convention”) in 1992 and subsequently has signed and ratified

94 Council of Europe treaties. Hungary exercised, for the second time since joining the Organisation, the

Chairmanship of the Committee of Ministers from May to November 2021. It actively promoted,

inter alia,

the

effective protection of national minorities issues and discussions on challenges related to digitalisation and

artificial intelligence, which culminated with the formal approval of the Second Additional Protocol to the

Convention on Cybercrime (ETS No. 185, “Budapest Convention”) on enhanced co-operation and the

disclosure of electronic evidence (CETS No. 224) by the Committee of Ministers on 17 November 2021.

The Parliamentary Assembly has closely followed Hungary’s honouring of its Council of Europe

membership obligations since 2013. In

Resolution 1941 (2013),

it expressed its deep concern about “the

erosion of democratic checks and balances as a result of the new constitutional framework in Hungary” that

had introduced “excessively concentrated powers, increased discretionary powers and reduced both the

accountability and legal oversight of numerous government institutions and regulatory bodies in Hungary”.

Although the Assembly decided not to open a monitoring procedure in respect of Hungary at that time, it

resolved to closely follow the situation in Hungary. In subsequent resolutions, including

Resolution 2203

(2018)

adopted in the framework of the discussion on the 2018 periodic review report on Hungary, the

Assembly has continued to follow developments in the country.

Since its accession to power in 2010, the coalition of the Hungarian Civic Alliance (Fidesz) and the

Christian Democratic People’s Party (KDNP) has won four consecutive parliamentary elections and enjoyed,

nearly continuously, a two-thirds parliamentary majority, which constitutes a unique situation among Council

of Europe member States and contemporary democracies.

Since the adoption of the Fundamental Law (which is the official name of the new Hungarian

Constitution) in 2011, the European Commission for Democracy through Law (Venice Commission) has

expressed serious concerns about the impact of cardinal laws requiring two-thirds majorities on issues that

are usually decided by simple majority and which should be left to the ordinary political process. The wide use

of cardinal laws therefore impacts the “functionality of a democratic system” and cements the political

preferences and the country’s legal order. It also undermines the ability of the parliament to adapt to new

conditions and face new challenges within society in the future.

In addition, the safeguards foreseen in the Constitution – with qualified majorities designed to require

the search for a broad agreement between the majority and the opposition on key issues – become inefficient

in cases where a ruling coalition enjoys a two-thirds majority. This is in particular the case when appointing the

highest judicial officials (notably members of the Constitutional Court, the President of the Supreme Court

Assembly debate

on 12 October 2022 (31st sitting) (see

Doc. 15619,

report of the Committee on the Honouring of

Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs:

Mr George Papandreou and Mr Eerik-Niiles Kross).

Text adopted by the Assembly

on 12 October 2022 (31st sitting).

https://pace.coe.int

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Resolution 2460 (2022)

(Curia) and the President of the National Office for the Judiciary (NOJ)) or adopting constitutional changes

(11 since 2010). This situation severely restricts political pluralism – which is the hallmark of a democratic

system – that should be embedded in the political system and State institutions.

The Assembly notes the valuable contribution of the Venice Commission, which has issued 23 opinions

on Hungary since 2011, assessing the compliance of the Hungarian constitutional, legal and electoral

framework with Council of Europe standards. The Assembly encourages the Hungarian authorities to pursue

their co-operation with Council of Europe monitoring bodies and to implement their recommendations.

A two-thirds majority was once again achieved by the ruling coalition in the April 2022 parliamentary

elections. This was done with 54% of the constituency and 52% of the party-list votes. Under these

circumstances, it is incumbent on the authorities to ensure that the principles governing the proper functioning

of democratic institutions are respected and safeguarded in good faith, including through effective checks and

balances, meaningful dialogue with the opposition and co-operation with civil society organisations.

Hungary, like all countries, has had to face the Covid-19 pandemic. In recent months, it has also had to

tackle the consequences of the Russian aggression in neighbouring Ukraine. The Assembly commends the

people of Hungary for the great solidarity shown in the handling of the mass arrival of refugees from Ukraine

since February 2022. The Assembly welcomes the decision of the authorities to allow persons fleeing the war

and holding Hungarian citizenship to have access to the benefits provided to holders of temporary protection.

However, it shares the concerns of the Council of Europe Commissioner for Human Rights concerning the

situation of third country nationals and stateless persons excluded from this scheme.

The Assembly is also concerned that the country has been ruled under a special legal order since

2020. The parliament notably adopted, on 24 May 2022, the Tenth (constitutional) Amendment, allowing the

government to trigger a “state of danger” in “cases of war or humanitarian catastrophes in neighbouring

countries”, following the outbreak of war in Ukraine. The Assembly recalls that the use of special legal orders

must be restricted to what is strictly necessary, proportionate and must be limited in time. It also stresses that

parliamentary oversight, political deliberations involving all political forces in parliament and proper checks and

balances are crucial in times of crisis.

10. The Assembly recalls the human rights issues raised in its previous resolutions related to policies and

developments in the fields of migration, gender equality including gender-based violence, protection of

national minorities including real representation within the Parliament of Hungary, academic freedoms, and

the situation of LGBTIQ people. It welcomes the revocation of the disputed Act on transparency of

organisations receiving support from abroad (Lex NGO) in April 2021, but the recent fines imposed on non-

governmental organisations for their actions against the Child protection referendum could have a chilling

effect on civil society organisations. Recalling its

Resolution 2203 (2018),

and

Resolution 2417 (2022),

the

Assembly strongly encourages the Hungarian authorities to improve the standards in all these fields in light of

the opinions of the Venice Commission, the case law of the European Court of Human Rights and the

recommendations of the Commissioner for Human Rights, as well as to ratify the Council of Europe

Convention on preventing and combating violence against women and domestic violence (CETS No. 210,

“Istanbul Convention”), which Hungary signed in 2014. The Assembly will continue to follow these issues

closely.

11.

In the field of elections:

11.1. With respect to the April 2022 parliamentary elections, the Assembly notes that, according to the

Office for Democratic Institutions and Human Rights (ODIHR), “the electoral legal framework provides

an adequate basis for the conduct of democratic elections but contains a number of omissions and key

provisions that fall short of international standards and obligations, undermining its effectiveness and at

times leading to legal uncertainty, mostly related to campaign rules and provisions for a level playing

field”. ODIHR also notes that these elections were efficiently and professionally organised and the

campaign was competitive. However, it highlighted a lack of transparency and insufficient oversight of

campaign finances, as well as a lack of balance in monitored news coverage significantly limiting

voters’ opportunity to make an informed choice, a highly negative campaign in tone characterised by a

pervasive overlap between the ruling coalition and the government, and insufficient effective legal

remedies for election disputes. ODIHR also noted that extensive and unregulated spending by entities

other than the election contestants, including through advertisements on social media, largely favoured

the ruling party. This echoes issues of concern previously identified by the Group of States against

Corruption (GRECO) in the funding of political parties and electoral campaigns.

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11.2. The Assembly notes that electoral amendments were adopted hastily in December 2020, by

means of a cardinal law, under a state of emergency, without meaningful consultation – which is not in

line with Venice Commission guidelines – and without reaching a broad political consensus.

11.3. While these amendments include some technical improvements, the Venice Commission

assessed that their main effect would be “to favour the incumbents”. In particular, the obligation for

political parties to appoint candidates in 71 (instead of 27, as was previously the case) out of 106

constituencies, raises questions. One impact of this is that it makes it more difficult for opposition and

smaller parties to obtain a foothold and forces them to unite in heterogeneous coalitions. As regards the

drawing up of the electoral map, the Assembly notes that constituency boundaries continue to be drawn

by parliament and not by an independent and impartial commission, as recommended by the Venice

Commission. To prevent gerrymandering, the process should be transparent, include all parties within

the Parliament and be based on clear and widely accepted criteria.

11.4. As a result of the recent legal changes and the unaddressed deficiencies of the electoral

legislation identified by the Venice Commission, ODIHR and GRECO in the past, the Assembly

concludes that the current electoral framework does not ensure a level playing field conducive to fair

elections. It also concludes, in light of ODIHR findings, that the legal framework to conduct referendum

campaigns is inadequate and challenges voters’ ability to make informed choices.

11.5. The Assembly therefore urges the Hungarian authorities to address without further delay the

issues identified by ODIHR and the Venice Commission, and in particular to significantly reduce the

number of single-member constituencies and counties in which each party needs to nominate

candidates, and to enhance the transparency of the funding of political parties and electoral campaigns,

including on social media.

12.

In the field of the judiciary and the rule of law:

12.1. As regards the judiciary, Hungary has an efficient and well-functioning judicial system, as noted

by the Council of Europe European Commission for the efficiency of justice (CEPEJ). Nevertheless,

while acknowledging that the Venice Commission stated that a number of powers of the President of

the National Office of the Judiciary (NOJ) had been transferred to the National Judicial Council (NJC),

which resulted in the improved accountability of the President of the NOJ, it also stated that the powers

of the NOJ President were still extensive and concentrated in the hands of just one person. The

Assembly therefore remains concerned about long-standing issues related to the independence of the

judicial system, including the imbalance of powers between the NOJ and the NJC and the

concentration of powers in the hands of the President of the Supreme Court (Curia).

12.2. The Assembly regrets that the December 2020 amendments pertaining to the judiciary were

adopted without public consultation and during a state of emergency, severely restricting the

fundamental rights to gather, discuss, protest, and demonstrate, as pointed out by the Venice

Commission.

12.3. While the judicial reforms introduced in 2019 and 2020 failed to address previously identified

structural problems concerning the imbalance of powers, the Assembly reiterates previous

recommendations made in 2012 by the Venice Commission.

12.4. The Assembly in particular takes note of the latest opinions of the Venice Commission

highlighting that:

12.4.1. the 2019 reform, allowing members of the Constitutional Court to become members of

the Curia without the involvement of the NJC, could open the door to a politicisation of the

Supreme Court;

12.4.2. the procedure for the appointment of the President of the Curia could pose “serious

risks of politicisation and important consequences for the independence of the judiciary, or the

perception thereof by the public, considering the crucial role of his/her position in the judicial

system”, in light of the limited guarantees of independence applying after his/her appointment;

12.4.3. the power of the NOJ President to decide on the temporary transfer of any judge to

State institutions and their reintegration in the judiciary could lead to judges being ‘promoted’ to

higher judicial functions by a decision of the NOJ President, thus circumventing the procedural

guarantees of regular application procedures;

12.4.4. despite detailed rules, the lack of transparency concerning the discretionary powers of

the NOJ President and court presidents to allow bonuses to judges could lead to arbitrary

decisions or self-censorship by judges.

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12.5. In line with the recommendations issued by the Venice Commission, the Assembly therefore

asks the Hungarian authorities to:

12.5.1. set up clear, transparent and foreseeable conditions for the seconded judges to be

assigned to a higher position after the period of secondment;

12.5.2. remove the prerogative of the President of the Curia to mandate temporary presiding

judges, or at least to eliminate any margin of discretion in their selection;

12.5.3. abolish the possibility to adopt the authoritative type of uniformity decisions, while

recalling that any unification competence of the Curia must comply with fundamental principles

of the separation of powers;

12.5.4. with respect to the changes brought to the complex case allocation system in 2020,

clarify the criteria for the President of the Curia to increase the members (from three to five) of

adjudicating panels for certain types of cases and to make the opinion of the relevant college

and the Judicial Council public and binding in order to ensure the transparency of the process

and increase the trust of citizens in the good and impartial functioning of the judiciary;

12.5.5. repeal the amendments to Law LXXIX relating to child protection adopted on 23 June

2021 that prohibit any depiction or discussion of diverse gender identities and sexual

orientations in the public sphere, including schools and the media.

12.6. The Assembly also recalls the

interim resolution of the Committee of Ministers of 9 March 2022

on the implementation of the

Baka v. Hungary

ruling. The Assembly takes note of the declaration made

by the Minister of Justice of Hungary that this case resulted from a one-time constitutional reform which

was a unique event in the constitutional development of Hungary that is completed. However, it recalls

that the Committee of Ministers strongly urged the authorities to “introduce the required measures to

ensure that a decision by Parliament to impeach the President of the Curia will be subject to effective

oversight by an independent judicial body in line with the European Court’s case law, as well as to

evaluate the domestic legislation on the status of judges and the administration of courts”, including the

evaluation of the guarantees and safeguards protecting judges from undue interference.

12.7. The Assembly therefore urges the Hungarian authorities to strengthen the self-governance of

the judicial system and guarantee its independence more effectively. It calls for the strengthening of the

role and independence of the National Judicial Council and the extension of its powers to ensure

effective oversight of the NOJ President, in line with the recommendations of the Venice Commission.

12.8. The Assembly welcomes the progress achieved in fighting money laundering and financing of

terrorism, in compliance with the recommendations made by MONEYVAL, which has upgraded

Hungary’s rating from “partially compliant” to “largely compliant” in several areas. This should inspire

the authorities to address other deficiencies and establish legal frameworks that ensure transparency

and accountability, in particular when fighting corruption, in line with GRECO’s recommendations. This

notably requires improving the level of transparency and consultation in the legislative process,

adopting codes of conduct or ethics for members of parliament and government, reviewing the format of

asset declarations and the broad immunity enjoyed by MPs and strengthening rules governing conflicts

of interest and whistle-blowers’ protection.

12.9. The recent creation of “public-interest trusts”, is very worrying. These trusts will manage a large

amount of public and private funds without supervision by the State audit. Also of concern is the

absence of legal provisions governing the prevention of conflict of interests of board members

(appointed for life by the government). These problems should be addressed by the authorities, in line

with the Venice Commission’s recommendations.

12.10. The Assembly is also concerned by the use of the Pegasus spyware, whereby several hundred

individuals, including journalists, lawyers and politicians, were subject to secret surveillance. It calls on

the Hungarian authorities to urgently revise the National Security Services Act governing secret

surveillance, urging them to ensure that it provides for an independent external oversight and sufficient

safeguards against abuses and possible violations of the right to privacy and family life, and calls for the

implementation of the

Szabó and Vissy v. Hungary

judgment of 2016.

13.

In the field of media:

13.1. The Assembly reiterates its concerns about the media. The establishment, in 2018, of a

conglomerate of over 470 media outlets – the Central European Press and Media Foundation

(“KESMA”) – has led to greater media market concentration. The overwhelming distribution of

advertising by the State or State-owned companies to pro-governmental medias has resulted in

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Resolution 2460 (2022)

distorted media pluralism and state capture of media. The Assembly asks the authorities to ensure fair

and transparent distribution of such advertising expenditure, including on social media. In addition, the

Assembly is highly concerned by the decision taken by the Media Council not to renew the licence of

the independent radio station

Klubrádió

in 2020 due to failings, which has resulted in discriminatory

measures and a shrinking space for alternative media.

13.2. Recent legislation about the “dissemination of false information” relating to the Covid-19

pandemic has placed additional pressure on journalists, who could face a three-year prison sentence.

The Assembly calls on the Hungarian authorities to repeal this law and to fully and effectively guarantee

access to public information and to suppress statutory provisions that have a chilling effect on freedom

of expression, including by decriminalising defamation.

13.3. In addition, the Assembly encourages the Hungarian authorities, in line with Venice Commission

recommendations, to improve the media environment by strengthening the functional independence of

the Media Council, reducing the term of office of the Media Authority’s president, and withdrawing some

of his/her powers of appointment. The Assembly also invites the Hungarian authorities to consider

implementing a more open and pluralistic appointment procedure for Media Council members, including

by allowing civil society groups to participate in the nomination process.

14. The undisputed exercise of power by the same coalition, which since 2010 has enjoyed almost

continuously a two-thirds majority, has, over time, in the current constitutional framework, significantly reduced

the efficiency of the system of checks and balances and strengthened the ruling coalition’s influence on State

bodies and key independent institutions. The recent changes in the electoral law have further reduced the

fairness of the electoral process, and thus weakened the ability of the system to safeguard political pluralism

and foster political alternatives. The Assembly concludes that the cumulative effects of the measures that

negatively impact the independence of the judiciary, the situation of media, transparency and accountability of

State institutions, overall undermine the functioning of democratic institutions. It acknowledges, however, that

despite this restrictive environment, there is an effective parliamentary opposition as well as a vibrant civil

society. The Assembly remains therefore confident that the authorities can restore the necessary conditions

for a fully pluralistic, democratic society with full respect of the rule of law, in co-operation with the Council of

Europe monitoring and expert bodies, and the Venice Commission. It takes note, in this respect, of the

authorities’ declared commitment to democratic values.

15. The Assembly notes that the Hungarian Parliament adopted 17 legislative modifications in September

2022. These laws aim at improving the functioning of democratic institutions by strengthening the

transparency of the legislative process by demanding public dialogue and consultation, tightening the rules of

conflict of interests in public trust funds and setting up an independent anti-corruption authority. The Assembly

invites the Hungarian authorities to request the expertise of the Council of Europe relevant bodies and take

into account their recommendations so as to ensure the compliance of the adopted measures with Council of

Europe standards.

16. In the light of the long-standing issues pertaining to the rule of law and democracy that remain largely

unaddressed by the authorities, the Assembly resolves to continue to closely follow the developments with

regard to the functioning of democratic institutions and the rule of law in Hungary and decides to open a

monitoring procedure in respect of Hungary until the above-mentioned concerns are addressed in a

satisfactory manner.

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Resolution 2461 (2022)

Provisional version

Safe third countries for asylum seekers

Parliamentary Assembly

Recalling the right to apply for and seek asylum under the 1951 Convention relating to the Status of

Refugees (1951 Refugee Convention) and, for member States of the European Union, under Article 18 of the

European Union Charter of Fundamental Rights, the Parliamentary Assembly notes with concern a tendency

of returning or transferring asylum seekers to third countries without clarity on the safety of the respective third

country, the legality of the return, and the existence and availability of certain objective protection standards.

The Assembly emphasises that Article 31, paragraph 1 of the 1951 Refugee Convention, stipulates

only that penalties shall not be imposed on account of an illegal entry or presence of refugees or asylum

seekers who came directly from a territory where their life or freedom was threatened. Effectively depriving

asylum seekers of access to fair and efficient asylum determination and treatment in line with international

standards is not permissible as it may expose them to risk of refoulement and other rights violations. Hence,

asylum seekers are not required to apply for protection in the first safe country of arrival and cannot be

penalised for not doing so.

Referring to Conclusion No. 58 (XL) of the Executive Committee of the United Nations High

Commissioner’s Programme, the Assembly recognises the importance of clarifying the legal situation and

protection of refugees and asylum seekers, who move in an irregular manner from countries in which they

have already found protection, in order to seek asylum or permanent resettlement elsewhere.

Whereas it is important for asylum seekers and member States alike to clarify in a timely manner which

State is responsible for processing an asylum application, the Assembly is aware that the safe third country

principle under Article 33 of the recast Asylum Procedures Directive of the European Union, according to

which a EU member State can declare inadmissible an application for international protection ifa country

which is not a member State is considered as a safe third country for the applicant, does not apply among

non-member States. This situation may cause legal uncertainty to the detriment of asylum seekers.

The Assembly recalls Recommendation No. R(97)22 of the Committee of Ministers of the Council of

Europe to member States which contains Guidelines on the Application of the Safe Third Country Concept

and enumerates criteria to assess whether a country can be considered as safe, among others “observance

by the third country of international human rights standards relevant to asylum as established in universal and

regional instruments” and “the third country will provide effective protection against refoulement and the

possibility to seek and enjoy asylum”. Since adoption of the Recommendation, there have been many legal

developments.

Welcoming the relevant jurisprudence of the Court of Justice of the European Union (No. C-564/18,

Nos. C-924/19 and C-925/19), the Assembly reaffirms that the return of an asylum seeker to a safe third

country requires a connection to that country beyond the mere transit by the person concerned.

Assembly debate

on 12 October 2022 (31st sitting) (see

Doc. 15592,

report of the Committee on Migration, Refugees

and Displaced Persons, rapporteur: Ms Stephanie Krisper).

Text adopted by the Assembly

on 12 October 2022

(31st sitting).

See also

Recommendation 2238 (2022).

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Resolution 2461 (2022)

Welcoming the relevant jurisprudence of the European Court of Human Rights in the cases

Ilias and

Ahmed v. Hungary

(No. 47287/15),

M.K. and Others v. Poland

(Nos. 40503/17, 42902/17 and 43643/17) and

M.S.S. v. Belgium and Greece

(No. 30696/09), the Assembly emphasises that competent authorities in

member States must analyse, before returning or expelling an asylum seeker to a third country, whether this

person would have proper access to an effective asylum procedure in the country concerned without being

exposed to the risk of inhuman and degrading treatment or torture in violation of Article 3 of the European

Convention on Human Rights (ETS N° 5) or of being subjected to chain-refoulement.

Welcoming the work of the European Union Agency for Asylum towards a co-ordinated approach within

the European Union to evaluate the safety of third countries, the Assembly believes that co-ordinated efforts

should also be taken at the level of the Council of Europe. Therefore, building on this work and taking into

consideration the recent jurisprudence of the European Court of Human Rights, the Assembly encourages the

development of new and up-to-date criteria at the Council of Europe level to assess the safety of third

countries.

The Assembly also emphasises that no absolute presumption of safety can be made, as the situation in

a safe country can deteriorate to a standard that renders the country in question unsafe. In this respect, the

European Court of Human Rights clarified in

M.S.S. v. Belgium and Greece

([GC], No. 30696/09) that

applicants must be able to challenge the presumption that a country is safe in his or her particular

circumstances without bearing the entire burden of proof. In the Chamber judgement

Ilias and Ahmed v.

Hungary

(No. 47287/15), the Court stated that the burden of proof must not, in light of Article 13 of the

European Convention on Human Rights, be reversed to the applicants’ detriment. Therefore, referring to

considerations of the European Court of Human Rights, the Assembly encourages the development of

procedural requirements at the Council of Europe level for the asylum seeker to have a fair possibility to rebut

the presumption of safety.

10. The Assembly recognises that the monitoring of safe third country decisions is essential to improve

member States’ practice and to strengthen the rights of asylum seekers and refugees. Therefore, the

Assembly encourages member States to establish objective and independent monitoring mechanisms to

monitor national law and practice in this regard.

11. Recalling

Resolution 2409 (2021)

“Voluntary relocation of migrants in need of humanitarian protection

and voluntary resettlement of refugees”, the Assembly welcomes the current discussion on relocation and

resettlement of asylum seekers between European Union member States and beyond, while encouraging

member States to undertake further efforts in this regard. Such engagement would prioritise solidarity over the

recourse to the safe third country concept.

12. The Assembly invites the Special Representative of the Secretary General of the Council of Europe for

Migration and Refugees to support greater co-ordination and co-operation among member States in applying

the safe third country concept in the context of asylum.

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Resolution 2462 (2022)

Provisional version

Pushbacks on land and sea: illegal measures of migration

management

Parliamentary Assembly

The Parliamentary Assembly recalls its

Resolution 2299 (2019)

and its

Recommendation 2161 (2019)

“Pushback policies and practice in Council of Europe member States” and the subsequent reply by the

Committee of Ministers (Doc.

15088),

in which it welcomed the Assembly’s continued attention to migrants

and asylum seekers. The term “pushbacks” is “in line with the violent and physical nature of the practices

involved”, and it “may be applied broadly to cases of non-respect of human rights obligations related to refusal

of entry into a country of persons seeking protection, the

refoulement

of those already within a territory,

collective expulsion, obligations to carry out screenings, and other hostile action aimed to deny entry into

European countries at land and sea borders”. Pushback practices are also linked to “pullbacks”, which consist

in agreements between States aiming to retain migrants on one side in exchange for financial or economic

advantage.

The Assembly notes that the Committee of Ministers stressed in its reply that the right to seek asylum

must be respected, underscoring that asylum seekers have the right to an individual and fair examination of

their applications by the competent authorities”. The Committee of Ministers reiterated the obligation of the

State receiving the asylum application to “ensure that return of the asylum seeker to his/her country of origin

or any other country will not expose him/her to a real risk of the death penalty, torture or inhuman or degrading

treatment or punishment, persecution, or serious violation of other fundamental rights which would, under

international or national law, justify granting protection”. Article 3 of the European Convention on Human

Rights (ETS No. 5) and Article 4 of its Protocol No. 4 (ETS No. 46) prohibit member States of the Council of

Europe returning migrants and asylum seekers to another country without an individual assessment as to

whether this is safe.

The Assembly recalls its

Resolution 2379 (2021)

“Role of parliaments in implementing the United

Nations global compacts for migrants and refugees” and

Resolution 2408 (2021)

“70th anniversary of the

1951 Refugee Convention: the Council of Europe and the international protection of refugees”, where it

agreed to support world efforts in protecting the right to asylum enshrined in the 1951 United Nations

Convention Relating to the Status of Refugees (“the Refugee Convention”) and other relevant international

instruments.

The Assembly deplores the profound disregard of international standards on the matter in some

countries, combined with the instrumentalisation of migration flow for political purposes in others, and

concludes that the right to asylum continues to be breached. Border pushbacks have now taken on worrying

proportions, taking place routinely on land and in the more deadly environment of the sea, becoming a pan-

European problem which pertains to at least half of the member States. Allegations are no longer limited to

just one or two countries, or one or two incidents, but have become widespread and, most worryingly, part of

tolerated policy. Pushbacks from Croatia to Bosnia and Herzegovina, from Greece to Türkiye, from Malta and

Italy to Libya, from Hungary to Serbia, and from Poland to Belarus render the plight of migrants and refugees

even harsher, heightening the risk to lose one’s life in an extremely perilous journey.

Assembly debate

on 12 October 2022 (31st sitting) (see

Doc. 15604,

report of the Committee on Migration, Refugees

and Displaced Persons, rapporteur: Mr Pierre-Alain Fridez).

Text adopted by the Assembly

on 12 October 2022

(31st sitting).

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Resolution 2462 (2022)

Furthermore, the Assembly calls upon the Council of Europe observer and member States, as well as

States whose parliament enjoys the observer or partner for democracy status to the Assembly, to respect

international obligations and to enhance interstate solidarity. They should work together to guarantee the right

to asylum, including member States from Central and Northern Europe. Interstate solidarity is key for a

stronger Europe from political, economic, social, and cultural perspective. Migration is a natural societal

phenomenon and should be addressed collectively as a continent, in order to manage migration flows in an

orderly way that helps to promote the social and occupational inclusion of migrants, while benefiting fully from

its positive consequences.

The Assembly welcomes the Recommendation of the Council of Europe Commissioner for Human

Rights, Ms Dunja Mijatović, “Pushed

beyond the limits. Urgent action needed to stop pushbacks at Europe’s

borders”,

where she addressed the role of members of parliament in preventing human rights violations at the

borders, noting that parliamentarians can play an important role in preventing pushbacks, in line with their

wider role as guarantors of human rights, both as legislators and as those responsible for carrying out

democratic oversight of government action.

The Assembly underscores the importance of well-functioning independent border monitoring

mechanisms at national and European levels. It forewarns, however, against the risk of paying lip service to

the principle of independence by those national authorities that try to undermine the independence of such

bodies by making them either dependent on the government for funding, by imposing membership in

oversight committees for government-friendly entities, by restricting their access to the border or migrant

retention facilities, or by limiting their actions through other means. It recalls the importance of democratic

checks and balances and of independent monitoring in its fullest form.

The Assembly notes that the European Union is often the main destination of migrants arriving to

Europe. The European Union institutions should, therefore, serve as guarantors of international human rights

protection regarding the right to asylum and the prohibition of

refoulement.

The European Border and Coast

Guard Agency (Frontex) should be called upon to enhance its capacity to deal with allegations of pushbacks

and allow for thorough investigation to bring those responsible for pushbacks to justice. The Assembly

underscores that effective border control and the protection of fundamental rights are fully compatible. The

work of the Fundamental Rights Officer of Frontex should be, therefore, supported and its monitoring capacity

enhanced.

The Assembly deplores the use of anti-smuggling legislation against human rights defenders and

people engaged in search and rescue operations on land and at sea, making access to asylum for people on

the move harder to reach. Right to asylum includes the right to be informed about asylum procedures,

including by civil society organisations, advocacy groups, human rights defenders and specialised legal aid

institutions. States must ensure that the functioning of such bodies is not

de facto

prohibited by criminalising

their actions.

10. The Assembly calls on member States to encourage changes at European level to achieve a

sustainable reception process shared with other member States, in accordance with the principle of solidarity

referred to in Article 80 of the Treaty on the Functioning of the European Union, based on shared

responsibility. The Assembly therefore calls upon the Council of Europe member States to change their

legislation and practice in order to promote a multilateral policy of putting in place legal pathways to all

European countries on the basis of shared responsibility, to promote solidarity with the countries most affected

by the influx of migrants by sea and by land, and thereby contribute to putting an end to pushbacks.

11. The Assembly welcomes the decisions taken by regional courts in some countries, ruling in favour of

refugees, migrants and asylum seekers who had been pushed back outside the European Union’s external

borders, underscoring that the practice of pushing back asylum seekers gave rise to a violation of the principle

of human dignity.

12. The Assembly calls for changes to the law and practice in the Council of Europe member States to stop

pushbacks at land and sea and to codify the principle of

non-refoulement

in national legislation. In specific

terms, it asks member States to take measures to prevent pushbacks, to protect the victims of pushbacks, to

prosecute those responsible for pushbacks and to improve international co-operation and co-ordination

between border authorities, police, and other bodies in charge of border protection, as follows:

12.1. as regards prevention:

12.1.1. to prevent all forms of “pushback” and “pullback” actions regarding migrants, refugees,

and asylum seekers. Priority should be given to ensuring that border management is aligned

with international law and human rights obligations. The Assembly underscores the need to

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Resolution 2462 (2022)

ensure the individual assessment of protection needs and of the safety of a return in order to

prevent violation of Article 3 of the European Convention on Human Rights and of the prohibition

of collective expulsions, as enshrined in Article 4 of Protocol No. 4 to the Convention;

12.1.2. to establish secured access to border checkpoints, notably representatives of national

prevention mechanisms should have full access to the checkpoints and retention facilities,

where such exist, to ensure full respect of international asylum norms;

12.1.3. to make the national legislation and policies human rights-compliant and to amend

migration legislation with a view to prevent and prohibit pushbacks and the denial of right to

asylum;

12.1.4. to make the relevant legal framework accessible, precise and clear to all migrants,

refugees and asylum seekers, available, as much as possible, in languages for them to

understand the procedure. Relevant and effective means of redress should be in place in cases

of denial of asylum in first instance;

12.1.5. considering that the civil society’s role in upholding and advancing democratic values

and fundamental rights, including the right to asylum, is crucial, especially as they play an

important role in documenting cases of pushbacks, to encourage and support their participation

in the independent monitoring mechanisms at national and European levels. Independent border

monitoring mechanisms should be able to verify misconduct by State border police and report on

it to the competent judicial authorities. Council of Europe member States must respect the role

of non-governmental organisations and human rights defenders in conformity with their

commitments, as set out in Committee of Ministers

Recommendation CM/Rec(2007)14

on the

legal status of non-governmental organisations in Europe;

12.2. as regards protection:

12.2.1. to develop specific programmes to protect the victims of pushbacks, possibly in the

framework of the Council of Europe Action Plan on Protecting Vulnerable Persons in the Context

of Migration and Asylum in Europe (2021-2025) and to ensure that effective complaints

mechanisms for the victims are in place. Urgent measures must be taken to ensure the

protection of most vulnerable migrants and refugees: children, women, people with disabilities,

and elderly people. An absolute prohibition of pushbacks of migrant children should be in place

in all Council of Europe member States;

12.2.2. States members of the European Union should take measures to bring the European

Union law and practice in compliance with human rights standards, as mentioned in the

Assembly

Resolution 2416 (2022)

“European Union Pact on Migration and Asylum: a human

rights perspective”. This should include legal guarantees clearly established in the 1951

Refugee Convention and the European Convention on Human Rights. Practices violating

the right to apply for asylum should stop;

12.3. as regards prosecution:

12.3.1. to ensure that allegations of pushbacks are fully investigated and those responsible are

held to account to dissuade the continuation of such practices. The Assembly reiterates,

therefore, the importance of the prohibition of torture or inhuman or degrading treatment and the

prohibition of collective expulsions, which apply also during emergency situations;

12.3.2. to comply with judgments of national courts and of the European Court of Human

Rights, including their interim measures, in relation to pushbacks and refusing access to asylum

and even to an asylum procedure, and to follow up recommendations of national independent

bodies such as ombudspersons, as stated in

Resolution 2299 (2019),

keeping in mind that

codifying the principle of

non-refoulement

in national legislation is key;

12.4. as regards international co-operation and co-ordination:

12.4.1. to strengthen international co-operation and co-ordination in the fields of border

protection, on the one hand, and migration management, on the other. This is of great relevance

as regards search and rescue operations at sea which should be effective, saving lives being

the primary objective. International co-operation and co-ordination at sea should, therefore, be

further enhanced to prevent human tragedy at Europe’s maritime borders;

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Resolution 2462 (2022)

12.4.2. co-operation between border police authorities should include specialised training on

the application of international standards in access to an asylum procedure, to ensure that

relevant measures are in place for any individual indicating their need to seek international

protection. New technological means can be used to improve access to relevant procedures and

provide relevant information to asylum seekers in various languages;

12.4.3. to enhance international co-operation at regional and world levels to take stock of the

real progress on the right to asylum. The work of the United Nations Special Rapporteur on the

Human Rights of Migrants, the United Nations High Commissioner for Refugees follow-up

actions to ensure full compliance with the 1951 Refugee Convention and its 1967 Protocol, the

actions of the Council of Europe Commissioner for Human Rights and of the Special

Representative of the Council of Europe Secretary General on Migration and Refugees must

guide public policies, in addition to the relevant treaty bodies;

12.4.4. to further develop international co-operation between EU and non-EU countries’ border

police structures, with the participation of Frontex, with the aim of upgrading the competences of

border police in the Council of Europe member States as regards the right to asylum, in full

compliance with the 1951 Refugee Convention and its 1967 Protocol, the European Convention

on Human Rights, and other relevant treaties. Redress measures for failure to respect the law

should be clearly stated and applied.

13. The Assembly welcomes the new initiatives aimed at ensuring protection of Europe’s borders in full

respect of fundamental rights and dignity of those who attempt to cross the borders. It calls for an open and

constructive discussion based on the findings of the feasibility study that was launched for setting up a robust

and independent human rights monitoring mechanism at the external borders of the European Union on

4 May 2022.

14. Finally, the Assembly calls for stronger commitment to upholding human rights standards at Europe’s

borders. Time has come for parliamentarians to stand up against pushbacks, to call for the sharing of

responsibility in the management of migration between the different member States and to follow the

developments closely both at the national and European levels.

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Resolution 2463 (2022)

Provisional version

Further escalation in the Russian Federation's aggression

against Ukraine

Parliamentary Assembly

Eight months have elapsed since the Russian Federation launched a large-scale invasion of Ukraine.

This brutal and inhumane aggression is provoking immense suffering, destruction and displacement, to a level

unseen in Europe since the Second World War. This aggression must be unequivocally condemned as a

crime in itself, as a violation of international law and as a major threat to international peace and security.

In the past few weeks, the Russian Federation has taken political, military and rhetorical steps which

indicate a further escalation of the aggression. Marred by blatant intimidation of voters and held on the front

lines of an ongoing armed conflict, the so-called referendums held in the Ukrainian regions of Donetsk,

Kherson, Luhansk and Zaporizhzhia between 23 and 27 September 2022, illegally supported and voted for by

the Russian Duma, are a travesty, in contravention of international law and contrary to any substantive and

procedural standards for holding referendums. They must be considered null and void and with no legal or

political effects.

Similarly, the attempted annexation of these regions by the Russian Federation is an affront to

international law. The Parliamentary Assembly strongly condemns this blatant attempt to incorporate territory

belonging to another sovereign State through force and coercion and reiterates its firm support for the

sovereignty, independence and territorial integrity of Ukraine within its internationally recognised borders. The

Assembly recalls that the Russian Duma had voted in favour of the invasion and annexation of Crimea, and

notes with great concern that it also validated these more recent illegal attempted annexations. This is further

attestation that the Russian Duma cannot be treated like an equal partner among free and fairly elected

parliaments of democratic countries and that the Russian political parties that have previously voted for illegal

decisions encroaching on the sovereignty and territorial integrity of Ukraine and other countries shall be

treated and recognised as groups and entities that support external aggression and therefore share all

responsibilities of the consequences of that aggression.

While continuing its illegal occupation and militarisation of the nuclear power plant in Zaporizhzhia, the

leadership of the Russian Federation has increased threats of nuclear warfare. In addition to being abhorrent

and reckless, such threats are in breach of international law and incompatible with the responsibilities of a

nuclear power holding a permanent seat in the United Nations Security Council. In this regard, the Assembly

should look into the issue of the seat of the Russian Federation in the United Nations Security Council.

The humanitarian situation in Ukraine remains dire. Almost 5 800 civilians are estimated to have died

and one third of Ukrainians have been forced from their homes since 24 February 2022. Prisoners of war held

by the Russian Federation’s armed forces or by affiliated armed groups face torture and ill-treatment, and in

some cases are being tried and sentenced to death, in clear contravention of international humanitarian law.

The Assembly calls on the Russian Federation to allow humanitarian missions of the United Nations,

International Committee of the Red Cross, Council of Europe or any other international organisation or

member State to facilitate the exchange of prisoners of war and the release of political prisoners. The

Assembly debate

on 13 October 2022 (32nd sitting) (see

Doc. 15631),

report of the Committee on Political Affairs

and Democracy, rapporteur: Mr Emanuelis Zingeris).

Text adopted by the Assembly

on 13 October 2022 (32nd sitting).

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Resolution 2463 (2022)

Assembly is outraged by the discovery of mass graves in cities and towns liberated by the Ukrainian forces,

and firmly condemns all war crimes. The Assembly welcomes the exchange of prisoners in Istanbul at the

initiative of Türkiye.

The continued use of long-range artillery by the Russian military to hit towns and cities across Ukraine

has caused massive destruction and death. On 10 October 2022, a barbaric set of missile attacks targeted

several Ukrainian cities, hitting public squares, playgrounds and residential buildings. With these

indiscriminate attacks, Russia aims to advance its terrorist policy to suppress the will of Ukrainians to resist

and defend their country and provoke maximum harm to civilians. The role of the illegitimate Lukashenko

regime in helping the Russian Federation’s aggression against Ukraine must not be forgotten. The recent

announcement that Belarusian troops would deploy alongside Russian ones is deeply concerning and must

be widely condemned.

Meanwhile, the climate in the Russian Federation is one of increasing repression. The authorities have

implemented a far-reaching crackdown on civil liberties based on intimidation and open persecution, with the

goal to provoke a state of terror in the general public for political purposes. Democratic figures are being

repressed or killed, the system of opposition parties has been destroyed, the judiciary is not independent and

many media and civil society organisations, such as Memorial International, have been closed down. Despite

the many draconian measures passed in recent years, anti-war demonstrations and protests have been

breaking out across the country. Amongst the most prominent public figures being persecuted for voicing

criticism against the war is Vladimir Kara-Murza, who has been detained since April 2022. On 10 October

2022, the Assembly was honoured to award Mr Kara-Murza with the 2022 Václav Havel Prize, affirming

support for his courage and determination to create a peaceful, democratic Russia. The Assembly calls on the

Russian authorities for the immediate release of Vladimir Kara-Murza. The Assembly also calls for a review of

cases of other political prisoners opposed to President Putin, in the Russian Federation and in other countries,

and for their release (including Mikheil Saakashvili, Ukrainian citizen and former President of Georgia).

President Putin’s announcement of a partial mobilisation on 21 September 2022 is yet another sign of

escalation, which has created tensions in the country. Protests at draft centres have at times turned violent,

and hundreds of thousands of Russian men have attempted to flee the country to avoid a potential callup. The

apparent deliberate attempt by the Russian authorities to disproportionately focus their mobilisation campaign

on ethnic minority groups, including the population of Dagestan and Crimean Tatars who are mobilised in the

Ukrainian territories temporarily occupied by Russia, is of great concern to the Assembly. It is also

unacceptable that detainees across Russia are being sent to fight in Ukraine.

The unleashing of a war of aggression by a permanent member of the United Nations Security Council

poses a challenge to global governance. The Assembly deeply regrets that on 30 September 2022 the United

Nations Security Council was not able to adopt a resolution condemning the recent referendums due to the

Russian Federation’s veto, notwithstanding no other negative votes. In this context, the Assembly notes the

increasing support for a reform of the United Nations Security Council and welcomes a greater role for the

United Nations General Assembly including in issues relating to maintaining international peace and security.

10. In this respect, the Assembly wholeheartedly welcomes the passage on 12 October 2022 by the United

Nations General Assembly, by a three-fourths majority, of the resolution entitled “Territorial integrity of

Ukraine: defending the principles of the Charter of the United Nations”, which recalls the obligation of States

under Article 2 of the United Nations Charter to refrain from the threat or use of force against the territorial

integrity of any State, condemns the organisation by the Russian Federation of illegal so-called referendums,

and declares that subsequent attempted illegal annexation of these regions have no validity under

international law.

11. The Assembly reiterates its full support for Ukraine and emphasises the importance for the international

community to work together for the country’s recovery and long-term peaceful and prosperous future. At the

same time, the Assembly calls for a comprehensive system to hold the Russian Federation and its leadership

accountable for this aggression and the violations of international human rights and international humanitarian

law committed in this context.

12. The Black Sea blockade was over after the Black Sea Grain Initiative brokered by Türkiye and the

United Nations. This deal has been a contribution to the solution of the global grain and food crisis and its

continuation is important for the sustainability of global food security. The Assembly, therefore, invites member

States to continue providing political support for the efficient implementation and prolongation of this process.

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Resolution 2463 (2022)

13. In the light of the above considerations, while reiterating its relevant resolutions and recommendations

adopted since the beginning of the large-scale aggression, the Assembly calls on Council of Europe member

States to:

13.1. reiterate their unwavering support for the independence, sovereignty and territorial integrity of

Ukraine, within its internationally recognised borders and that any peace talks can only take place on

the conditions set by Ukraine;

13.2. unequivocally condemn the so-called referendums held in the Ukrainian regions of Luhansk,

Donetsk, Zaporizhzhia and Kherson between 23 and 27 September 2022, and to refrain from

recognising any effects of them;

13.3. condemn the Russian Federation’s attempted annexation of the regions of Luhansk, Donetsk,

Zaporizhzhia and Kherson as a violation of international law and a major threat to international peace

and security, and to avoid recognising any effects of it;

13.4. be firm and united in exerting a policy of maximum pressure on the Russian Federation to

immediately cease its aggression;

13.5. support financially the reconstruction of Ukraine and provide necessary air defense systems;

13.6. ensure a comprehensive system of accountability for serious violations of international law

arising from the Russian Federation’s aggression against Ukraine actively co-operating with the

Ukrainian authorities on this issue, and, in this context:

13.6.1. speed up the establishment of a Special (ad

hoc)

International Tribunal to prosecute

the crime of aggression against Ukraine;

13.6.2. establish a system to examine the measures to ensure and secure accountability for

Russia's violations and abuses of human rights and international humanitarian law;

13.6.3. set up a comprehensive international compensation mechanism, including an

international register of damage and actively co-operate with the Ukrainian authorities on this

issue;

13.6.4. recognise Russian political parties that have previously voted for illegal decisions

encroaching on the sovereignty and territorial integrity of Ukraine, and other countries, as groups

and entities that support external aggression and therefore share all responsibilities of the

consequences of the aggression;

13.7. declare the current Russian regime as a terrorist one.

14. Given the unprecedented gravity of the Russian Federation’s aggression as a threat to international

peace and security, the rules-based international order, international law and the most basic values which are

the foundation of the Council of Europe, the Assembly appeals to the Heads of State and Government of

Council of Europe member States to gather in the fourth Summit in the history of the Organisation and put the

issue of accountability of the Russian Federation, as well as support to Ukraine, high on the agenda of the

Summit.

15. Furthermore, while reiterating its previous recommendations addressed to the Russian Federation

since the outbreak of its aggression against Ukraine, the Assembly calls on the Russian Federation to:

15.1. cease its aggression against Ukraine immediately and unconditionally;

15.2. completely and unconditionally withdraw its occupying forces, including its military and proxies,

from the territory of Ukraine within its internationally recognised borders;

15.3. withdraw its troops from the territory of Georgia and the Republic of Moldova;

15.4. comply strictly with its obligations under international law, international human rights law and

international humanitarian law, including with regard to the treatment of prisoners of war;

15.5. immediately stop attacks against civilians, including indiscriminate attacks against populated

areas, targeted killings and abductions, torture, rape and sexual violence, and investigate all allegations

of such crimes;

15.6. fully withdraw from all Ukraine’s nuclear facilities, stop and refrain from making them the target

of any military activity and co-operate fully with the International Atomic Energy Agency to ensure their

safety and security;

15.7. stop threatening recourse to nuclear weapons and commit not to use them;

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Resolution 2463 (2022)

15.8. stop using energy as a blackmail tool;

15.9. stop supporting hacking attacks on democratic countries and their institutions;

15.10. stop interfering with electoral processes and refrain from financing anti-European activities of

extremist pro-Russian parties and movements in democratic countries;

15.11. co-operate with the investigations and proceedings that have been established by the

International Criminal Court and the International Court of Justice and comply with their decisions;

15.12. co-operate with UN treaty bodies, submitting reports and information to them when required to

do so, allowing country visits and complying with their recommendations;

15.13. co-operate with the Commission of Inquiry on Ukraine and the Special Rapporteur on human

rights in Russia, which have been set up by the Human Rights Council, and comply with their

recommendations;

15.14. comply with the recommendations set out by the Moscow Mechanism of the Organization for

Security and Co-operation in Europe (OSCE), and laid down in the reports on Violations of International

Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in

Ukraine (1 April-25 June 2022) and on Russia’s Legal and Administrative Practice;

15.15. co-operate with proceedings before the European Court of Human Rights, implement

outstanding judgements and those which the Court will adopt for acts committed before 16 September

2022;

15.16. adopt without delay effective general measures to address the structural and systemic problems

identified by the European Court of Human Rights and the Committee of Ministers with regard to

freedom of assembly, freedom of expression and the right to liberty in the Russian Federation, including

by repealing or amending laws that have only exacerbated such problems, including the laws on

“foreign agents”, “undesirable organisations”, “extremism” and “fake information on the Russian

military”;

15.17. co-operate with the European Committee for the Prevention of Torture and Inhuman or

Degrading Treatment or Punishment (CPT), as long as the Russian Federation remains a Party to the

European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment (ETS No. 126), and allow the monitoring of the reported political prisoners’ state of health

and conditions of detention pending their release or re-examination of their cases.

16. The Assembly asks the OSCE to continue to evaluate, through the Moscow Mechanism or other

appropriate tools, the violations of international humanitarian and human rights law, war crimes and crimes

against humanity committed in Ukraine; the human rights situation in the Russian Federation; and the Russian

Federation's aggression against Georgia and the Republic of Moldova.

17. In the light of the gravity of the international situation, the Assembly calls on international organisations

to consider appropriate measures to avoid that the Russian regime uses staff of Russian nationality as a

vehicle to support the Russian Federation's aggression against Ukraine, spread false information and Russian

narratives about it and to influence these organisations' political decisions.

18. As regards its own work, the Assembly should continue to follow developments relating to the Russian

Federation’s aggression against Ukraine.

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Resolution 2464 (2022)

Provisional version

The impact of Brexit on human rights on the island of Ireland

Parliamentary Assembly

The Good Friday Agreement, which ended three decades of conflict in Northern Ireland, described the

United Kingdom and Ireland as “partners in the European Union”. The United Kingdom’s withdrawal from the

European Union has shaken the delicate balance created by the peace process and threatened the common

human rights space previously shared by all people on the island of Ireland.

Brexit has caused serious concerns regarding human rights protection in Northern Ireland and is

leading to a misalignment of rights north and south of the border. It has cast a shadow over important

provisions of the Good Friday Agreement, specifically related to birthright and just and equal treatment of both

communities. In parallel, the lack of progress in implementing some of the human rights provisions of the

Good Friday Agreement has compounded the problem: the establishment of a Northern Ireland Bill of Rights

and the passage of a law to promote the Irish language remain unfulfilled promises.

The introduction by the UK Government on 22 June 2022 of a bill to overhaul the 1998 Human Rights

Act has exacerbated the situation. The proposal would add hurdles for those seeking redress in courts,

privilege specific rights over others, and challenge the role of the European Court of Human Rights, raising an

issue of compatibility with the European Convention on Human Rights (ETS No. 5), a cornerstone of the Good

Friday Agreement.

Brexit has also reignited deep-seated tensions in Northern Irish society, furthering political division and

contributing significantly to the paralysis of devolved institutions. The Parliamentary Assembly notes that

Brexit repercussions have been at the heart of the institutional impasse and the political crisis of 2022. It

regrets that some political parties, especially the Democratic Unionist Party, use these repercussions to

further deny the people of Northern Ireland a functioning Executive and Assembly.

While the Ireland/Northern Ireland Protocol (“Protocol”) was introduced to limit the consequences of

Brexit and avoid a return to a hard border, and while it has had an overall positive economic effect on

Northern Ireland, the related rhetoric has been divisive. Polls repeatedly show that the Protocol is not a

primary concern for the population, and yet the Protocol is used as a pretext to hold public institutions

hostage.

The Assembly notes with concern that, despite the European Union’s willingness to find joint solutions

with the United Kingdom within the framework of the Protocol, and despite both sides stressing the

importance of continued engagement, the UK Government introduced a bill on 13 June 2022 to unilaterally

change core elements of the Protocol. Described as a “clear breach of international law” by the European

Commission, the move risks further destabilising the delicate post-Brexit situation on the island of Ireland.

Article 2 of the Protocol, which guarantees the non-diminution of rights as a result of Brexit, must be

safeguarded.

The fragility of Northern Ireland’s current institutional framework is abundantly clear. While power-

sharing arrangements emanating from the Good Friday Agreement guarantee inclusivity, the current

structures entrench divisions along sectarian designations. Continued implementation of the reforms set out in

Assembly debate

on 13 October 2022 (33rd sitting) (see

Doc. 15615,

report of the Committee on Political Affairs and

Democracy, rapporteur: Mr George Katrougalos).

Text adopted by the Assembly

on 13 October 2022 (33rd sitting).

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Resolution 2464 (2022)

the “New Decade, New Approach” agreement will be important, and all parties should consider ways to

transcend sectarian approaches to politics. In this respect, the Assembly welcomes the UK Government’s

recent steps to limit the instability of this system, including the passage of the Northern Ireland (Ministers,

Elections and Petitions of Concern) Act 2022.

More than two decades after the Good Friday Agreement, the failure to properly and thoroughly

address the legacy of the Troubles has had a direct impact on reconciliation and human rights on the island of

Ireland, causing pain and frustration in society and sending discouraging signals regarding the pursuit of

justice. All parties concerned should honour their obligations under the European Convention on Human

Rights and implement, in good faith and as soon as possible, a process consistent with the principles agreed

to in the Stormont House Agreement.

In this respect, there are serious concerns regarding the compatibility of the Northern Ireland Troubles

(Legacy and Reconciliation) Bill introduced by the UK Government on 17 May 2022, with the European

Convention on Human Rights. The Assembly welcomes the Committee of Ministers’ decision to ask additional

information from the United Kingdom authorities on the compliance of the bill with the Convention. The

Assembly also expresses concern that neither the Government of Ireland nor the Northern Ireland Human

Rights Commission were consulted in the preparation of this Bill, despite the latter being the main body in

charge of overseeing human rights in Northern Ireland under the Good Friday Agreement and part of the

“dedicated mechanism” to oversee the UK Government’s commitment to protecting equality and human rights

in a post-Brexit Northern Ireland.

10. The Assembly expresses regret over the fact that many people in Northern Ireland continue to

experience residential and school segregation. Without addressing such systemic divisions, the laudable work

of civil society organisations working across community lines will be left treating the symptoms, and it will be

hard to move past the sectarian divides that have marked previous generations.

11. While violence has greatly decreased in recent decades, the tensions deriving from Brexit may

contribute to a re-emergence of paramilitarism. In order to bring paramilitarism to an end, it is crucial that

policing and justice measures are complemented by actions to tackle the systemic socio-economic issues

facing Northern Ireland.

12.

In light of the above, the Assembly calls on the United Kingdom to:

12.1. ensure that the withdrawal from the European Union does not result in any diminution of rights

for the people of Northern Ireland, in line with its international commitments, nor to a misalignment of

rights between north and south on the island of Ireland;

12.2. make use of the “dedicated mechanism” established to ensure that Brexit does not result in any

diminution of rights set out in the Good Friday Agreement, in particular by seeking and heeding the

advice of the members of this mechanism, of the Equality Commission for Northern Ireland and of the

Northern Ireland Human Rights Commission;

12.3. seek, in a constructive spirit, all practical solutions in order to ensure the smooth and efficient

implementation of the Protocol, and refrain from unilateral actions which undermine international law;

12.4. reconsider its current proposal to repeal the Human Rights Act and reaffirm its commitment to

the European Convention on Human Rights;

12.5. propose a way forward to address the legacy of the Troubles that is in line with European

Convention on Human Rights standards on effective investigations, with the Good Friday Agreement,

and with the devolution of justice in Northern Ireland; to ensure this is the fruit of wide consultations with

victims’ groups, political forces in Northern Ireland and in Ireland, and relevant human rights bodies;

12.6. implement the recommendations of the Committee of Ministers and of the Committee of Experts

of the European Charter for Regional or Minority Languages (ETS No. 148) regarding appropriate

legislation to protect and promote the Irish language;

12.7. continue to support ways of making Northern Ireland institutions more stable and more resistant

to political turbulence, in line with the “New Decade, New Approach” agreement, as well as less reliant

on sectarian designations.

13. The Assembly calls on Ireland and the United Kingdom to continue to make the implementation of the

Good Friday Agreement an utmost priority, and to work together in a co-operative, constructive and forward-

looking spirit.

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Resolution 2464 (2022)

14.

The Assembly calls on the authorities and political forces in Northern Ireland to:

14.1. work together to ensure the smooth and efficient implementation of the Protocol in Northern

Ireland, which had largely supported remaining in the European Union, and contribute constructively to

the Protocol negotiations;

14.2. refrain from using divisive and inflammatory rhetoric surrounding the Protocol, and instead make

full use of the significant advantages the Protocol has already provided, and can continue to provide, to

the Northern Irish economy and to efforts to build a more prosperous future for all communities in

Northern Ireland;

14.3. return to power-sharing immediately, so as to enable proper governance in Northern Ireland,

and refrain from political acts which undermine the ability of Northern Ireland’s institutions to function;

14.4. work to address the systemic socio-economic issues facing Northern Ireland, not only to improve

lives but also to create the necessary conditions for the demolition of peace walls and help put an end

to paramilitarism;

14.5. promote policies that limit residential segregation and take all necessary steps to promote

greater mixing in schools by finally taking decisive steps towards integrated education;

14.6. ensure that the teaching of history pursues the goals of peace and reconciliation, taking an

approach based on multiple perspectives which respect the diversity of viewpoints and cultural

differences, including by making use of Council of Europe expertise on the teaching of history;

14.7. co-operate constructively with the authorities in Ireland and in the United Kingdom on

addressing the legacy of the Troubles and to further support efforts to shed light on the past, such as

the work being carried out by the Police Ombudsman;

14.8. consult and make use of relevant Council of Europe bodies with expertise in minority language

rights, and to apply, as appropriate, their recommendations in order to make use of European

standards and best practices.

15. The Assembly also calls on the European Union to continue to seek, in a constructive spirit, all practical

solutions to minimise the adverse impacts of Brexit and ensure the smooth and efficient implementation of the

Protocol.

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Resolution 2465 (2022)

Provisional version

The fight for a level playing field – ending discrimination

against women in the world of sport

Parliamentary Assembly

Substantial progress has been made in the field of sport in recent years as regards gender equality and

combating discrimination. Female athletes are beginning to gain greater prominence in the media, some

women's sports competitions have sparked worldwide interest and equality in sport is becoming a major topic.

The Parliamentary Assembly welcomes these developments and encourages further efforts in this direction.

The world of sport, however, is not yet free from violence, sexism and gender discrimination. It

continues to be dominated by men. The #metoo movement, which has sent ripples through the sports world,

has helped to bring human rights abuses of this kind to light. Sports federations have been called upon to act

and implement measures to prevent and detect violence and support survivors. The Assembly reiterates its

firm commitment to preventing and combating all forms of gender-based violence and to promoting the

ratification and implementation of the Council of Europe Convention on preventing and combating violence

against women and domestic violence (CETS No. 210, “Istanbul Convention”). It supports “Start to talk”, the

Council of Europe’s call for action to public authorities, the sports movement and other actors to take

appropriate preventive and protective measures to put a stop to the abuse of and violence against children. It

also reiterates the support given by its

Resolution 2420 (2022)

to FIFA’s (International Federation of

Association Football) plans to create an independent multi-sport centre or agency to promote safe sport,

protect and support survivors, and tackle impunity.

Inequalities in pay, treatment, access and status between women and men are still common in both

professional and non-professional sport. Women, in all their diversity, are poorly represented in decision-

making bodies. Women have less access to sport because of gender inequalities in relation to resources, time

and lack of infrastructure. Sexist comments and stereotyped images of female athletes, questioning their

“femininity”, regularly appear in the media and on social networks. The Assembly condemns the hate speech

and sexism directed at female athletes, including LBTI athletes.

Female athletes must be recognised in all their diversity so that appropriate measures to prevent and

combat discrimination can be implemented. Taking into account the intersectional dimension paves the way

for a targeted response and proper policies. The Assembly calls for efforts to promote access to sport for all

women and notes that discrimination against LBTI women has a negative impact on women in general. The

Assembly condemns the use of sport as a means of controlling women's bodies.

Sport can be an important vehicle for changing attitudes and for fostering respect and diversity. It can

contribute to social cohesion through its universality and raise collective awareness of continuing gender

inequalities in our societies. It can also have benefits in terms of health and empowerment.

There is therefore a pressing need in the field of sport to prevent violence and discrimination, promote

gender equality, invest in sport for all, encourage participation and put an end to the invisibility of women. Men

have an important role to play in preventing and combating discrimination against women, in all their diversity,

in sport.

Assembly debate

on 13 October 2022 (33rd sitting) (see

Doc. 15611,

report of the Committee on Equality and Non-

Discrimination, rapporteur: Ms Edite Estrela).

Text adopted by the Assembly

on 13 October 2022 (33rd sitting).

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Resolution 2465 (2022)

In the light of these considerations, the Assembly calls on Council of Europe member and observer

States, as well as on all States whose parliaments enjoy observer or partner for democracy status to the

Assembly, to:

7.1. As regards combating violence against women and girls, in all their diversity, including in the

field of sport,

7.1.1. take measures to prevent violence against women and girls, including LBTI women, in

sport at all levels including in schools and sport organisations;

7.1.2.

7.1.3.

7.1.4.

area;

provide support to survivors of violence, with an independent and specialised structure;

train sports personnel at all levels to prevent all forms of gender-based violence;

ensure that perpetrators of violence are prosecuted and put an end to impunity in this

7.1.5. launch awareness-raising campaigns on preventing and combating gender-based

violence, including at major sporting events;

7.1.6.

7.1.7.

7.1.8.

collect, analyse and publish data on violence against women and girls in sport;

ratify and implement the Istanbul Convention, if they have not yet done so;

ensure the safety of all at sporting events;

7.2. implement the revised European Sports Charter of the Council of Europe, if they have not yet

done so;

7.3. accede to the Council of Europe’s Enlarged Partial Agreement on Sport, if they have not yet

done so;

7.4.

As regards combating gender-based discrimination and gender stereotypes:

7.4.1. implement Committee of Ministers Recommendation CM/Rec(2019)1 on preventing

and combating sexism;

7.4.2. implement Committee of Ministers Recommendation CM/Rec(2022)16 on combating

hate speech;

7.4.3. invest in education on gender equality, train teachers in these issues, including in the

field of sport, and incorporate a gender perspective in sports education from an early age;

7.4.4. prevent and combat sexism and gender stereotypes and all forms of gender-based

discrimination, in particular by adopting legislation, codes of conducts and by organising

awareness-raising campaigns, including at major sporting events;

7.4.5. ensure the collection, analysis and publication of data on discrimination in sport at all

levels, and contribute to international initiatives to collect and share data for the purposes of

research, awareness raising and the development of public policies and sports practices;

7.4.6. recognise the fact that women from diverse backgrounds, LBTI women, women with

disabilities, from a migration background or diverse religious affiliations are subjected to multiple

discrimination;

7.4.7. abolish discriminatory policies against LBTI athletes and respect the human rights of

female athletes in all their diversity;

7.4.8. ensure full and equal access to the practice of sport to all women, and to this end, allow

transgender and intersex athletes to train and compete in sports competitions consistent with

their gender identity;

7.4.9. prevent and combat harassment of LBTI athletes and prevent and combat lesbophobia,

biphobia, transphobia and interphobia in sport;

7.4.10. combat the hypersexualisation of female athletes, including in the media;

7.4.11. promote inclusive and non-discriminatory media coverage of sporting events;

7.5.

As regards the development of sport for all women and girls:

7.5.1. implement Committee of Ministers Recommendation CM/Rec(2015)2 on gender

mainstreaming in sport;

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Resolution 2465 (2022)

7.5.2. invest in the development of sport for all, at local and national level, and consider it as a

means of integration and emancipation, work to ensure equal opportunities for women and girls

in all their diversity to participate in sports activities;

7.5.3. appoint ambassadors for gender equality in sport to carry out awareness-raising

activities in the media and with young athletes;

7.5.4.

7.5.5.

ensure that sports facilities incorporate a gender dimension in their design;

support and encourage the broadcasting of women's sports competitions;

7.6. make the adoption and implementation of gender equality strategies, including a commitment to

eliminating gender-based discrimination, violence and sexism and to ensuring equal pay, a condition for

obtaining funding for federations and clubs;

7.7. call on federations and clubs to prohibit gender-discriminatory practices, in particular as regards

dress codes, where they are not justified by the sport itself;

7.8. promote women’s participation in programmes designed to train sports coaches and referees

and support women's access to these positions;

7.9. adopt a gender-sensitive approach in the preparation of budgets to be allocated to sports

federations and structures.

The Assembly calls on sports federations to:

8.1. engage in the fight against gender-based violence and discrimination and take appropriate

action against perpetrators;

8.2. support the practice of sport by women and girls in all their diversity and promote athletes’ work-

life balance;

8.3. ensure full and equal access to the practice of sport to all women, and to this end, allow

transgender and intersex athletes to train and compete in sports competitions consistent with their

gender identity;

8.4. promote the participation of women, in all their diversity, in the governing bodies of sports

federations, notably through the adoption of quotas aimed at achieving 40% representation.

The Assembly supports the continuation of the joint Council of Europe and European Union “All in:

Towards gender balance in sport” project. It calls for its funding to be reinforced and its tools and

recommendations implemented.

10. The Assembly expresses its backing for civil society organisations combating gender-based

discrimination and violence against women in sport and calls for these organisations to be given support.

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Resolution 2466 (2022)

Provisional version

The honouring of membership obligations to the Council of

Europe by Romania

Parliamentary Assembly

Romania joined the Council of Europe in 1993. Upon accession, it entered into a number of

commitments which were subject to monitoring by the Parliamentary Assembly until 1997 and then to post-

monitoring dialogue between 2000 and 2002. Romania is a party to a number of core Council of Europe

Conventions including the European Convention on Human Rights (ETS No. 5); the Framework Convention

for the Protection of National Minorities (ETS No. 157); the European Convention for the Prevention of Torture

and Inhuman Treatment or Punishment (ETS No. 126); the Criminal Law Convention on Corruption (ETS

No. 173); the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and

on Financing of Terrorism (CETS No. 198), the European Social Charter (ETS No. 163) and it is subject to

monitoring mechanisms attached to these legal instruments. In 2019, Romania was selected by the

Monitoring Committee for a periodic review report on its compliance with the obligations imposed on every

Council of Europe member State in the field of democracy, rule of law and human rights. Periodic monitoring

reports are prepared, over time, on all member States which are not subject to specific monitoring procedures.

Since its accession to the Council of Europe, Romania has made important progress with regard to the

functioning of democratic institutions and respect for human rights. The irreversibility and sustainability of this

progress was put into question by the developments of 2017-2019, particularly in the areas of the judiciary

and the fight against corruption. However, the Assembly notes with satisfaction that this reversal has been

successfully overcome and Romania has returned to the path of reforms.

The Assembly commends the Romanian authorities for demonstrating political will and commitment to

fully respect their obligation to comply with democratic standards, as confirmed by their continued co-

operation with Council of Europe monitoring mechanisms and the Assembly’s Monitoring Committee in the

framework of the periodic monitoring review.

The Assembly appreciates the ongoing structural reforms of the Romanian judicial system aimed at

addressing a number of concerns formulated,

inter alia,

by the European Commission for Democracy through

Law (Venice Commission) and the Group of States against Corruption (GRECO). The Strategy for the

Development of the Judiciary for 2022-2025 adopted by the government on 30 March 2022 sets clear

objectives in this respect and is accompanied by a monitoring mechanism.

In terms of judicial independence, the dismantling of the Section for Investigating Criminal Offences

within the Judiciary on 11 March 2022 marked an important step, and should be commended. However, some

issues related to the new system for investigation and prosecution of criminal offences within the judiciary still

need to be addressed. While the competence to investigate offences committed by magistrates has now been

transferred to designated prosecutors within the Prosecutor’s Offices attached to the High Court of Cassation

and Justice and the courts of appeal, it is expected that sufficient resources will be allocated to the

investigations of complex corruption cases in order to ensure the efficiency of the new system.

Assembly debate

on 13 October 2022 (33rd sitting) (see

Doc. 15617,

report of the Committee on the Honouring of

Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs:

Ms Edite Estrela and Ms Krista Baumane).

Text adopted by the Assembly

on 13 October 2022 (33rd sitting).

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Resolution 2466 (2022)

Furthermore, safeguards must be established to ensure judicial independence and prevent any risk of

politicisation. These include the procedure for the appointment of designated prosecutors which needs to

ensure their integrity, competence and impartiality. At the same time the Assembly welcomes the efforts within

the judiciary to combat corruption and in particular the adoption by the Superior Council of Magistracy of the

Integrity Plan.

Concerning the three justice laws, namely on the Status of Magistrates, on the Organisation of the

Judiciary and on the Superior Council of Magistracy, which were submitted to the parliament, the Assembly

takes note of the setting up by the parliament of the Joint Parliamentary Committee for the examination of

laws in the field of justice and invites the authorities to follow the recommendations formulated by the Venice

Commission and GRECO, in particular with regard to the civil and disciplinary liability of magistrates,

competitions for admissions in the judiciary and rules on the status as well as appointment and removal of

specialised and high-ranking prosecutors.

Regarding the fight against corruption, the Assembly welcomes the adoption by the government,

in December 2021, of the Anti-Corruption Strategy for 2021-2025 and it notes with satisfaction the increased

effectiveness of the investigation and sanctioning of medium and high-level corruption. In particular, the

National Anti-Corruption Directorate should be commended for continuing the positive trend in terms of the

number of indictments and the reduction of the backlog of cases despite insufficient human resources, which

is the consequence of very strict criteria for prosecutors’ appointments and in particular seniority

requirements. Furthermore, it should be noted that the value of assets confiscated by the National Agency for

the Management of Seized Assets increased considerably over the last year.

The Assembly notes that amendments to the Criminal Code and Criminal Procedure Code aimed at

bringing both laws into line with the Constitutional Court’s decisions with regard,

inter alia,

to corruption related

crimes, abuse of office and supervision methods, are under preparation. The Assembly hopes that they will be

submitted to the parliamentary procedure without undue delay.

10. The Assembly notes with concern that Romania is among the States with the largest number of

unexecuted judgments of the European Court of Human Rights; this number increased in 2021 to 409

compared to 347 in 2020. Some cases reveal the existence of structural dysfunctions and should be

addressed as a matter of priority.

11. The situation concerning media freedom and pluralism needs to be strengthened. In particular, the use

of public funds by political parties to finance media and influence their content on the basis of secret contracts

is of utmost concern. It potentially undermines the principle of free media and the proper functioning of

democratic institutions. Emblematic cases of threats, instances of harassment and violence against critical

journalists, reveal serious problems concerning freedom of expression.

12. The Assembly notes with satisfaction the overall progress accomplished by Romania with regard to

protection and respect for human rights. In particular, it welcomes the recent adoption of the amendment to

Article 369 of the Criminal Code, extending the grounds for hate speech and hate crimes in line with Council

of Europe standards. The Assembly also commends the Romanian Parliament for having revised its Rules of

Procedure in June 2022 allowing for more efficient prosecution of hate speech among politicians.

13. The Assembly commends Romania for its commitment to protect the rights of persons belonging to

national minorities. According to the reports of the monitoring mechanism of the Framework Convention for

the Protection of National Minorities, Romania can be considered as an example of good European practices

in this area. There are clear improvements, as provided by Article 195 of the Administrative Code adopted in

2019, especially for the localities with more than 20% of population belonging to a national minority, with

regard to the right to use their mother tongue in the relations with the local authorities, and the obligation of

the respective authorities to provide the citizens with,

inter alia,

bilingual forms, public information and bilingual

inscriptions. Some difficulties still exist, particularly with regard to the financial and administrative obstacles to

the implementation of these provisions of the Administrative Code. There are also some concerns that some

amendments introduced into the Administrative Code may limit minority language rights in small communities.

14. However, regarding the Roma minority, the Assembly notes with concern that a number of

programmes, strategies and action plans have not had the expected impact on the inclusion of Romanian

citizens belonging to this minority and that Roma continue to occupy the most disadvantaged position in the

labour market; despite sustained efforts of governmental and non-governmental stakeholders meant to

improve their living standards, the material situation of Roma is well below average in the country; they are

also affected by shortages in social housing.

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Resolution 2466 (2022)

15. Since the invasion of Ukraine by the Russian Federation on 24 February 2022, Romania has been

confronted with large waves of refugees from that country.Over 2,25 million Ukrainians have fled to Romania

to date. While the majority transited the country, about 81 000 decided to stay. Romania is to be commended

on its swift reaction and its assistance to a large number of people in need of international protection.

16.

17.

In consequence, the Assembly calls on the Romanian authorities:

in the field of the judiciary, to:

17.1. continue the ongoing reform respecting the deadlines established by the Strategy for the

Development of the Judiciary for 2022-2025;

17.2. take into account the recommendations and to address the concerns formulated by the Venice

Commission and GRECO in the preparation of draft justice laws;

17.3. ensure inclusiveness in the legislative process; to carry out meaningful consultations with all

stakeholders and to try to accommodate different opinions;

17.4. ensure proper safeguards into the new system of investigation and prosecution of criminal

offences in the judiciary, following the dismantling of the Section for Investigating Criminal Offences

within the Judiciary, with a view to guaranteeing judicial independence;

17.5. continue the implementation of already adopted measures aimed at increasing the efficiency

and quality of the justice system, including increasing the recruitment of magistrates, redistributing the

courts’ workload and increasing the digitalisation of the justice system;

18.

in the field of the fight against corruption, to:

18.1. pursue implementation of the National Anti-Corruption Strategy and ensure determined political

support for its effectiveness;

18.2. amend the Codes of Criminal Law and Criminal Procedure in line with the decisions of the

Constitutional Court and the recommendations of the Venice Commission in respect of deadlines

established by the National Anti-Corruption Strategy;

18.3. address effectively the issue of human resources shortages within the National Anti-Corruption

Directorate;

19.

in the field of the execution of judgements of the European Court of Human Rights, to:

19.1. step up efforts to implement the Court’s judgments, in particular those concerning nine principal

cases subject to the Committee of Ministers’ enhanced supervision procedure, and over 300 repetitive

cases;

19.2. consider exploring the feasibility of organising training sessions in co-operation with the Council

of Europe on the implementation of the Court`s rulings;

19.3. consider exploring the feasibility of organising training sessions in co-operation with the

Parliamentary Assembly Co-operation Unit on legislative follow-up to the Court’s decisions;

20.

in the field of media, to:

20.1. ensure proper implementation of the existing legislation on access to information;

20.2. ensure full independence of the National Audiovisual Council by establishing clear professional

criteria for the selection of its members and to ensure adequate budgetary resources;

20.3. ensure full transparency of media ownership;

20.4. ensure specific safeguards for editorial independence and to introduce legal requirements to

disclose secret contracts between political parties and the media on the basis of which public funds are

transferred to the latter;

20.5. ensure proper investigation and punishment of perpetrators in cases of harassment or

intimidation of journalists;

21.

in the field of minorities and vulnerable groups, to:

21.1. condemn without reservation, investigate and prosecute any discriminatory remarks and

behaviour, and to eliminate hate speech from public discourse;

21.2. continue efforts aimed at better integration of Romanian citizens belonging to the Roma minority.

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Resolution 2466 (2022)

22. In conclusion, the Assembly recognises that Romania has made substantial progress towards its

compliance with Council of Europe standards in areas crucial for the functioning of democratic institutions, in

particular the judiciary and the fight against corruption. However, the question of sustainability and

irreversibility of the reforms as well as of the effectiveness of the reforms will have to be confirmed by the

proper implementation of legislation.

23. Against this background, the Assembly invites its Monitoring Committee to continue following the

developments in the country in the framework of a future periodic review, and to report back to the Assembly if

developments so warrant.

ERD, Alm.del - 2022-23 (1. samling) - Bilag 2: Vedtagne tekster 4. session 2022

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Resolution 2467 (2022)

Provisional version

The future of work is here: revisiting labour rights

Parliamentary Assembly

Across Europe and worldwide, work has been and is likely to remain central to human life. It ensures

subsistence, access to autonomous living and enjoyment of various benefits and rights. Work can also give

meaning to one’s life and underpin one’s dignity by offering a role in society and contributing towards shared

prosperity: work binds us all together. In recent years, new technologies and the Covid-19 pandemic have

radically transformed the world of work, affecting the organisation of work, workers and workplaces. As we

see a massive shift towards atypical forms of employment and increased teleworking, some fundamental

aspects of labour rights and policies require an open societal debate to correct imbalances so that no-one is

left behind and economic security is guaranteed to all.

The Parliamentary Assembly notes that this new reality has led to substantive changes in working

conditions and relations between employers and employees, with direct and indirect effects on health, well-

being, and socio-economic rights of people at work. While it acknowledges the possibility of positive

productivity effects, it views with concern many situations of precarious employment and discriminatory

practices at work, in particular regarding women with care-giving responsibilities. The changing nature of jobs

also impacts workers’ rights to organise and to bargain collectively, as well as the functioning of trade unions,

and amplifies the risk of abusive recourse to surveillance or worker control technologies. Furthermore, given

that globalisation of work weakens the reach of national social protection systems and individual protections

across borders, the Assembly sees an urgent need to mainstream higher minimum labour standards

worldwide, including basic occupational health and safety norms, under the guidance of the International

Labour Organization (ILO).

Moreover, the societal emphasis on paid work fails to mirror the complexity of human nature and life. It

turns a blind eye to the huge amount of unpaid work that billions of women around the globe offer to society

by caring for children and other household members (usually the elderly): in most countries women still do

two-thirds of all unpaid care work, a trend further worsened during the pandemic. Such an approach also

depreciates paid care work, as well as volunteer work. The Assembly therefore advocates for a rehaul of

labour policies to ensure a better recognition of unpaid work and build a more socially just society.

Telework has stormed like a tidal wave into the world of work during the Covid-19 pandemic. The

Assembly is convinced that telework will stay a permanent feature of work organisation for knowledge

workers, mostly in the form of hybrid arrangements which combine online and physical presence at the

workplace. Governments and their social partners (employers, employees and professional associations/trade

unions) are therefore called upon to facilitate and better accommodate increased recourse to telework on a

permanent basis by providing a level playing field and maximum flexibility for both workers and their

employers through legislative measures, while guaranteeing that socio-economic rights are well protected. In

this context, the Assembly insists on telework policy orientations that maintain and enhance the protection of

socio-economic rights as set out in the European Social Charter (ETS No. 35) and the revised European

Social Charter (ETS No. 163).

Assembly debate

on 14 October 2022 (34th sitting) (see

Doc. 15620,

report of the Committee on Social Affairs,

Health and Sustainable Development, rapporteur: Ms Selin Sayek Böke).

Text adopted by the Assembly

on 14 October

2022 (34th sitting).

See also

Recommendation 2239 (2022).

https://pace.coe.int

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Resolution 2467 (2022)

The Assembly notes research and data evidence that point to the changing work culture with a new

generation of workers who value flexibility of working hours and location and a reduction of working time much

more than their predecessors. The Assembly further notes a need to better define “the right to disconnect”

through national legislation, as well as at European and international levels. Greater autonomy for workers,

and more regard to workers’ own preferences, has been shown to result in higher productivity, which is

beneficial to all social partners – workers, employers and society at large.

The Assembly is concerned that stress levels have been escalating in many workplaces, with dramatic

consequences for both individuals and society at large. Recognising stress at work as our collective

challenge, it reiterates the recommendations formulated in its

Resolution 2267 (2019)

“Stress at work”, in

particular as regards “a stress-reducing organisation of work with shorter, four-day weeks (with 28 to 32 work

hours per week), flexible work time options, greater autonomy, teleworking possibilities and job-sharing

schemes, notably for working parents and carers”.

As automation, artificial intelligence applications and digital labour platforms progress further, they

could present new forms of inclusion by offering additional job opportunities for persons marginalised in

traditional labour markets. To embrace this trend with confidence and avoid any precariousness that could

result for workers concerned, the Assembly believes that member States should introduce essential legal

safeguards regarding irregular working hours and income, remedy a lack of access to basic social protection

and collective bargaining rights and to the judicial system where relevant, as well as discrimination caused by

the use of opaque algorithms. The Assembly also notes that the growing cross-border mobility of labour,

including teleworking with the employer and employee based in different countries, has implications on labour

and tax laws across jurisdictions that need to be addressed.

Drawing lessons from the pandemic, the major trends in the world of work and selected examples of

good practice in member States, the Assembly emphasises the importance of increasing flexibility (in terms of

workplace location and working hours) in the organisation of work in order to serve the new needs of workers,

employers and labour markets in a balanced manner. With a view to adjusting their existing regulatory

frameworks and labour policies, better protecting socio-economic rights, enhancing public health and ensuring

personal well-being at work, the Assembly recommends that member States:

8.1. improve minimum labour standards and defend essential socio-economic rights, in particular

basic occupational health and safety norms, worldwide, and:

8.1.1.

ensure full implementation of the ILO’s core conventions and guidelines;

8.1.2. pursue implementation of the United National Sustainable Development Agenda 2030,

in particular its Goal 8 seeking to achieve inclusive and sustainable economic growth, full and

productive employment, as well as decent work;

8.1.3. seek harmonisation of regulatory frameworks across different jurisdictions for platform

work, notably concerning employment status, social protection, access to basic social rights, as

well as working time, pay, dispute resolution, personal data protection and privacy;

8.1.4. guarantee adequate corporate social responsibility of multinational enterprises

operating on their territory and beyond;

8.1.5. update national strategies in this regard to cover new forms of work and fragmentation

of work;

8.1.6. build up institutional capacity to ensure that national labour inspectorates have

sufficient powers, resources and training to better control occupational safety in the new era of

work by prioritising prevention and risk-based approaches;

8.1.7. ensure that national laws and collective agreements clearly define the responsibility of

the employer for the protection of the occupational health and safety of employees, and, in the

context of teleworking, takes into account both the psychosocial and ergonomic risks;

8.2. screen, assess and adjust their labour legislation and policies in the light of the European Social

Charter requirements and the evolving needs of labour markets, in particular:

8.2.1. concerning work organisation, examine options for shortening work weeks and/or daily

working hours while maintaining the same pay, so as to shift focus from hours worked to results,

to cater more flexibly for those multitasking at work and using job-sharing arrangements, to

enable high-intensity work, to accommodate atypical forms of work while protecting socio-

economic rights, to support working parents and to contribute to a socially and environmentally

sustainable development;

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Resolution 2467 (2022)

8.2.2.

with regard to telework and hybrid work:

8.2.2.1.

ensure that specific legislation is in place to balance the needs and priorities

of workers, employers and society as a whole, while giving as much autonomy as

possible to workers and their individual work preferences;

8.2.2.2.

define and codify in law the right to disconnect from work, and the obligation

for employers to prevent occupational burnout;

8.2.2.3.

study environmental and public health benefits of enhanced teleworking and

consider schemes for mandatory teleworking a few days a week for knowledge

workers, aimed at alleviating local transport flows, reducing pollution and saving energy

and other resources;

8.2.2.4.

provide adequate equipment and compensate incremental costs for workers

engaged in telework, and achieve fair sharing of productivity and cost benefits accrued

through remote or hybrid work;

8.2.2.5.

ensure that workers teleworking full-time or in a hybrid set-up are not

penalised or discriminated against;

8.2.3.

with a view to optimising the national social partnership structure and dialogue:

8.2.3.1.

include self-employed workers, reach out to those involved in unpaid care

work and migrant workers, and correct the (mis)definition of employment status of

those involved in the platform economy;

8.2.3.2.

improve access of workers in atypical forms of employment and in platform

work to collective bargaining and professional associations/trade unions, information

and training and protection from intrusive surveillance technologies;

8.2.3.3.

negotiate all legal frameworks with all social partners and formally

institutionalise these social dialogue mechanisms;

8.2.3.4.

study options for using digital instruments and public policy to improve

freedom of association and to support labour organisations;

8.2.4. as regards action fostering decent work and quality employment for decent and

dignified living, while ensuring that digital transformation of work benefits all and no one is left

behind:

8.2.4.1.

launch a public debate to upgrade the social contract to a society centred on

human needs, solidarity, public interest and rights;

8.2.4.2.

invest public resources and engage private enterprises in strengthening

people’s employability through lifelong learning schemes, reskilling and upskilling

programmes, and institutional efforts for the creation of decent and sustainable work, in

line with the ILO’s Centenary Declaration for the Future of Work;

8.2.4.3.

enhance public investment in digital infrastructure so that quality digital tools

be accessible to all;

8.2.4.4.

consider implementing personal training accounts for all workers, entailing

positive obligations for all employers to set up skills development plans or training for

current workers and potential workers including young NEETs (“not in education,

employment or training”), persons in unpaid work or in unemployment, and the retired

persons who wish to continue working but need to upgrade their skills;

8.2.4.5.

give labour policies a more prominent role in managing the economy and

mitigating socio-economic inequalities, based on better policy coherence and support

for fundamental rights at national, European and international levels;

8.2.4.6.

if they have not yet done so, ratify the European Social Charter and its

Additional Protocol Providing for a System of Collective Complaints (ETS No. 158), lift

any existing reservations to the Charter, scale up political support to the

implementation of the Charter and the European Convention on Human Rights (ETS

No. 5) and promote the full application of these fundamental treaties across Europe,

including to the Council of Europe’s own staff;

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Resolution 2467 (2022)

8.2.4.7.

root out abusive employment practices such as unpaid employment trials

and zero-hours contracts, harmonise the protection of rights for different categories of

workers by reducing differences in tax treatment for different types of contract and

guarantee universal minimum social coverage for all;

8.2.4.8.

seek better recognition of unpaid work by making it more visible, by

providing more family-friendly policies (such as working hours adaptation and

affordable and accessible childcare for working parents, with extra financial support for

the vulnerable), by clarifying the monetary value of such work (measuring and

estimating monetary worth) and by better supporting it through social benefits or a

basic income approach alongside public provision of quality healthcare services

accessible by all;

8.2.4.9.

update national legislation and strategies on occupational health and safety

to better cover new forms of work, different categories of workers (including the self-

employed) and increased mobility of workers between workplaces and across borders;

8.2.4.10. ensure that workplaces are free from all kinds of harassment and online

surveillance;

8.2.4.11. design new policies with a multidimensional equality focus and revisit the

age-related nature of work so as to guarantee the inclusiveness of the labour market

and effective implementation of non-discrimination principles;

8.2.5. consider the need for new institutional structures and build public capacity so as to

identify trends, emerging risks, and regulatory needs, and to assess the impact of the structural

transformation of work in terms of environmental and social sustainability (including gender, age,

skills diversity, etc.) as well as professional evolution (the quality of work);

8.2.6. encourage local authorities to provide online market platforms for businesses in their

region to sell online.

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Resolution 2468 (2022)

Provisional version

Preventing vaccine discrimination

Parliamentary Assembly

The Parliamentary Assembly recalls its work carried out in response to the Covid-19 pandemic and the

measures taken to counter it, in particular the following resolutions:

Resolution 2329 (2020)

“Lessons for the

future from an effective and rights-based response to the Covid-19 pandemic”,

Resolution 2338 (2020)

“The

impact of the Covid-19 pandemic on human rights and the rule of law”,

Resolution 2383 (2021)

“Covid passes

or certificates: protection of fundamental rights and legal implications”,

Resolution 2361 (2021)

“Covid-19

vaccines: ethical, legal and practical considerations”,

Resolution 2424 (2022)

“Beating Covid-19 with public

health measures” and

Resolution 2455 (2022)

“Fighting vaccine-preventable diseases through quality

services and anti-vaccine myth-busting”.

The Assembly recalls that during the Covid-19 pandemic, Council of Europe member States have

imposed various measures to restrict access to their territories (such as Covid passes, quarantine or self-

isolation, bans on entering their territory, obligation to register or to carry out Covid-19 tests shortly before or

after arrival, etc.). Some of them also decided to restrict access to public venues (such as bars, restaurants,

sport and leisure facilities, event venues and others) or even to some means of public transportation.

The Assembly recalls that, in accordance with the European Convention on Human Rights (ETS No. 5,

the “Convention”), while public health may constitute a legitimate purpose justifying restrictions on the rights to

respect for private and family life (Article 8), freedom of assembly and association (Article 11) and freedom of

movement (Article 2 of Protocol No. 4 to the Convention, ETS No. 46), any restrictions on the aforementioned

rights must be “prescribed by law”, “necessary in a democratic society” and proportionate to the legitimate aim

pursued.

The Assembly notes that compulsory vaccination can raise issues under international human rights

standards, in particular the right to respect for private life (Article 8 of the Convention) and the right to give free

and informed consent to any intervention in the health field, which is enshrined in the Convention for the

protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and

Biomedicine: Convention on Human Rights and Medicine (ETS No. 164, the “Oviedo Convention”). The

Assembly notes that the starting position for a vaccine is that it should not automatically be generally

mandatory, but that mandatory vaccination may sometimes be appropriate; for example, for special

professions such as those exposed to vulnerable populations. The Assembly also notes the cases pending

before the European Court of Human Rights concerning mandatory vaccination for specific workers.

The Assembly recalls the information document “Protection of human rights and the ‘vaccine pass’”

issued by the Secretary General of the Council of Europe, the “Statement on human rights considerations

relevant to ‘vaccine pass’ and similar documents” issued by the Council of Europe Committee on Bioethics

(DH-BIO) and the statement “Covid-19 vaccination, attestations and data protection” issued by the Council of

Europe Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic

Processing of Personal Data (T-PD).

Assembly debate

on 14 October 2022 (34th sitting) (see

Doc. 15608,

report of the Committee on Legal Affairs and

Human Rights, rapporteur: Ms Thórhildur Sunna Ævarsdóttir; and

Doc. 15625,

opinion of the Committee on Social Affairs,

Health and Sustainable Development, rapporteur: Ms Carmen Leyte).

Text adopted by the Assembly

on 14 October 2022

(34th sitting).

See also

Recommendation 2240 (2022).

https://pace.coe.int

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Resolution 2468 (2022)

The Assembly notes that the use of Covid passes, and in particular of vaccine certificates, entails risks

of infringements of human rights and fundamental freedoms. Those risks are further exacerbated when there

are inequalities in access to vaccination against Covid-19. In this regard the Assembly welcomes the United

Nations General Assembly Resolution A/RES/76/175 “Ensuring equitable, affordable, timely and universal

access for all countries to vaccines in response to the coronavirus disease (COVID-19) pandemic”. Moreover,

the introduction and the use of Covid passes has in many instances led to distinct treatment of persons who

have been vaccinated against Covid-19 and those who have not, as well as to possible discrimination

between persons vaccinated with different vaccines. This may amount to unlawful discrimination within the

meaning of Article 14 of the Convention if it does not have an objective and reasonable justification. The

Assembly recalls that any inequality in treatment must pursue a legitimate aim and be proportionate;

proportionality requires a fair balance between protecting the interests of the community (the legitimate aim)

and respect for the rights and freedoms of the individual.

Referring to its

Resolution 2383 (2021),

the Assembly again stresses that measures such as the

introduction of a Covid pass must be applied only in a context of fighting the pandemic and in compliance with

the European Convention on Human Rights. There should also be clear and well-established scientific

evidence showing that the adoption of such measures lowers the risk of transmission of SARS-CoV-2 to an

acceptable level from a public health point of view. Any system of Covid passes should be limited in time

according to the requirements of the public health emergency. Moreover, as stressed in Assembly’s

Resolution 2424 (2022),

vaccination certificates should primarily be used for “their designated purpose of

monitoring vaccine efficacy, potential side effects and adverse events.

The Assembly recognises the introduction of the European Union Digital Covid Certificate (EUDCC), as

an instrument for facilitating freedom of movement within the European Union within the context of the various

travel restrictions during the Covid-19 pandemic, and that this type of system has also been used by

numerous non-EU Council of Europe member States and other States.

The Assembly further notes that the EUDCC was also used to limit and to grant freedom of movement

in the European Union and in some public venues. It is concerned that such practices may lead to

discrimination and other violations of human rights and fundamental freedoms.

10. The Assembly notes that although the European Medicines Agency (EMA) has granted conditional

authorisation for the marketing of only six vaccines, some member States of the Council of Europe

administered other vaccines, including those listed only by the World Health Organisation (WHO) under its

Emergency Use Listing process or approved by national authorities. The Assembly is worried that the use of

Covid and vaccine passes may lead or might have led to discrimination in travelling and access to public

venues between persons vaccinated with different vaccines, including those which have been approved only

by the EMA, and those which have been listed only by the WHO.

11. The Assembly notes with satisfaction that the recognition of WHO-listed vaccines is now more and

more widely accepted within the European Union. However, European Union member States are free to limit

access to public venues and to impose additional restrictions on non-European Union citizens’ access to their

territory, which may lead to discrimination.

12. In the Assembly’s view, vaccination against Covid-19 has made a major contribution to overcoming the

pandemic. This has facilitated the lifting of various Covid-19 related restrictions and therefore indirectly

restored the full enjoyment of many fundamental freedoms. Nevertheless, the pandemic is not yet over and

new public health measures may be necessary in the future which risk leading to infringements on human

rights and fundamental freedoms. The Assembly therefore calls on all the member States to:

12.1. refrain from imposing further restrictions to individuals’ human rights and fundamental freedoms,

unless it is strictly necessary to achieve the legitimate aim pursued. All restrictions must be compliant

with the requirements stemming from the Convention and the case law of the European Court of

Human Rights, namely that they must be prescribed by law; they should be in force for the shortest

possible time; they must be proportionate to the pursued aim; and they must be effective;

12.2. take full account of the latest scientific evidence and expert knowledge, including that from

WHO, when deciding on restrictions to human rights and fundamental freedoms or on relaxation of

such restrictions;

12.3. treat equally all people vaccinated against Covid-19 by a vaccine approved either by the EMA or

listed by WHO, whose evaluation under the Emergency Use Listing procedure enables a thorough

assessment of the quality, safety and effectiveness of vaccines;

12.4. mutually recognise Covid passes issued by other Council of Europe member States;

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Resolution 2468 (2022)

12.5. refrain from preventing individuals from exercising their human rights and fundamental freedoms

because they have not been vaccinated or because they have been vaccinated with a vaccine which is

not approved by the EMA;

12.6. avoid discrimination between those who have been vaccinated against Covid-19 and those who

have not or cannot be vaccinated, either for medical or other reasons;

12.7. refrain from imposing restrictions that undermine the right to seek asylum, which is a basic

human right, and replace the requirement of having a valid Covid pass with testing, quarantine, access

to vaccination and/or other reasonable and proportionate measures;

12.8. follow WHO advice and refrain from imposing blanket travel bans, which have proven to be

ineffective from a public health perspective, and which may interfere with the right to family life and, in

cases concerning children, with the best interests of the child, and disproportionately impact individuals

and families from countries that have been undermined in equitable access to vaccines;

12.9. discontinue the use of Covid passes for other uses than those which are strictly necessary to

achieve a legitimate public health purpose;

12.10. work together with organisations dealing with undocumented migrants to ensure that they have

equal access to vaccination, with particular regard to the challenges which undocumented migrants

may face, such as not having a social security number, a national identity number, or in some cases a

home address. Due consideration should also be given to the situation of undocumented migrant

children who are unaccompanied or separated from their parents, bearing in mind the need for their

informed consent. The Assembly calls on member States to adopt specific safeguarding policies to

ensure that personal data is not transmitted to immigration authorities;

12.11. ensure that the design and implementation of national vaccination plans

and rollouts

secure an

ethical and equitable distribution of vaccines and avoid any discrimination on the basis of age, health,

gender, race, religion, legal or socio-economic status, ability to pay, location and any other factor.

Priority access should be given to groups in vulnerable situations, including persons over 65 years old

and those under 65 with underlying health conditions.

13. The Assembly calls on Council of Europe member States which have not yet ratified the Oviedo

Convention and/or Protocol No. 12 to the European Convention on Human Rights (ETS. No. 177) to do so

without delay.

14. The Assembly also calls on Council of Europe member States which do not belong to the European

Union to recognise the European Union Digital Covid Certificate.

15.

The Assembly invites the European Union and its member States to:

15.1. refrain from imposing additional restrictions to free movement, including to that of EUDCC

holders, unless strictly necessary to achieve a legitimate public health purpose;

15.2. require the EUDCC only as a measure of last resort and to reassess its usefulness on a regular

basis in the light of an epidemiological assessment;

15.3. elaborate common standards as regards the length of validity of the EUDCC;

15.4. respect the fundamental rights enshrined in the Charter of Fundamental Rights of the European

Union, when implementing Regulation (EU) 2021/953 of the European Parliament and of the Council of

14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19

vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement

during the COVID-19 pandemic, and other related EU legal acts;

15.5. develop the necessary technical solutions to recognise proof of recovery from Sars-CoV-2 from

a country other than a person's usual place of residence.

16.

Finally, the Assembly calls on all Council of Europe member States and other States to:

16.1. ensure proper funding to WHO;

16.2. submit their national regulatory systems to the WHO Global Benchmarking Tool in order to allow

them to become WHO-listed authorities.