Ministers' Deputies
CM Documents

CM(2005)24 15 February 20051
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919 Meeting, 16 March 2005
6 Social Cohesion


6.2 European Committee for Social Cohesion (CDCS) –

a. Abridged report of the 13th meeting (Strasbourg, 2-3 November 2004)2

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1. The European Committee for Social Cohesion held its 13th meeting on 2 and 3 November 2004 with Mme Marie-Cécile VADEAU-DUCHER (France) in the Chair. The agenda of the meeting appears in Appendix 1.

2. The Committee having designated 2-5 November 2004 Social Cohesion Week, many members took part in the Forum on socially responsible consumption and finance systems, which immediately followed the CDCS meeting (4-5 November 2004). The Committee agreed to consider at its next meeting any proposals for follow-up work made by the Forum.

Results of completed activities

3. The Committee took note with satisfaction of the imminent appearance of two publications resulting from its activities on social security:

- Retirement Income: Recent Developments and Proposals by Mr Francis KESSLER;
- Exploratory Report on the Access to Social Protection for Illegal Labour Migrants
by Prof. Dr. Paul SCHOUKENS and Prof. Dr. Danny PIETERS.

4. The Committee took note with interest of the results of the Euro-Mediterranean Conference on “Social security: a factor of social cohesion”, which had taken place in Limassol (Cyprus) on 27-28 May 2004 at the kind invitation of the Cyprus authorities.

5. The Committee adopted the Guidelines on employment for marginalised groups which had been drawn up by the Group of Specialists on Employment for Marginalised Groups (CS-MA). It agreed to disseminate them widely in appropriate circles in the member states and requested the Secretariat to make use of them in assistance activities.

6. The Committee adopted the Guidelines for good practice in user involvement which had been drawn up by the Group of Specialists on User Involvement in Social Services (CS-US). It agreed to disseminate them widely in appropriate circles in the member states and requested the Secretariat to make use of them in assistance activities.

7. The Committee adopted the text of the draft Recommendation on the rights of children living in residential institutions and submits it to the Committee of Ministers for final adoption (see Appendix 2).

Planning of future activities

8. The Committee reiterated its support for the proposal to create a Group of Eminent Persons to prepare a high-profile report setting out a renewed vision for social cohesion in the conditions of the twenty-first century. It discussed the outline proposal as set out in the document drawn up by the Secretariat in the light of earlier discussions in the Bureau and the CDCS. It hoped that a Group of this kind could be set up by the Third Summit of Council of Europe Heads of State and Government.

9. The Committee agreed to the proposal by the Committee for Coordination in the Social Security Field (CS-CR) to extend its work on access to social protection for illegal labour migrants. The work will be carried out in cooperation with the Committee of Experts on Standard-Setting Instruments in the Field of Social Security (CS-CO).

10. The Committee took note of the report of the seminar on the relationships between child, family and youth policies (Kiev, 23-25 September 2004) organised by the DG IV (Youth Directorate) and DG III (Social Policy Department) and agreed to reinforce the cooperation between the CDCS and the European Steering Committee for Youth (CDEJ).

11. The Committee noted that the XXVIIIth Session of the Conference of European Ministers responsible for Family Affairs would be held in Portugal in May 2006, and that the first meeting of liaison officers responsible for the preparation of the Conference will be held on 10 December 2004. Various ideas for possible themes were mentioned.

12. The Committee expressed its interest in continuing the research on social integration of young people in disadvantaged urban areas.

13. The Committee designated three members as speakers at the Conference on Demographic Challenges for Social Cohesion (Strasbourg, 7-8 April 2005).

14. The Committee noted that its Chair would speak on behalf of the Committee at the Conference on Human Rights – Disability – Children (Strasbourg 8-9 November 2004). It looked forward to examining the results of the Conference at its next meeting.

15. The Committee confirmed its interest in working on the Project on Labour Market Flexibility and Job Insecurity which would be the subject of the 2005 Social Cohesion Forum.

Review of activities in progress

16. The Committee reviewed progress with current activities as a whole. It also approved a brief annual report summarising the results achieved during the course of the current year (see Appendix 3).

Other matters discussed

17. As requested by the Committee of Ministers, the Committee took note of the following Recommendations of the Parliamentary Assembly and adopted opinions on the first two:

Recommendation 1663 (2004) “Domestic slavery: servitude, au pairs and “mail-order brides”
(see Appendix 4);

Recommendation 1666 (2004) “Europe-wide ban on corporal punishment of children” (see Appendix 5);

Recommendation 1681 (2004) “Campaign to combat domestic violence against women in Europe”.

18. The Committee noted with pleasure that the Revised Strategy for Social Cohesion (approved by the Committee of Ministers on 31 March 2004) was being translated into several non-official languages and was being presented at a number of national seminars on social cohesion. It encouraged other member states to follow suit.

19. The Committee agreed to renew the terms of reference of its two subordinate committees dealing with different aspects of social security:

a. Committee of Experts on Standard-Setting Instruments in the Field of Social Security (CS-CO);

b. Committee for Coordination in the Social Security Field (CS-CR).

It noted that the Committees would be working together closely and agreed to give further consideration to the possibility of amalgamating the two committees later on. The Committee of Ministers is invited to approve the extended terms of reference (see Appendices 6 and 7).

20. As requested by the European Health Committee (CDSP), the Committee expressed its opinion on the proposals under discussion within the CDSP concerning the operationalising of a strategic approach to (public) health and related activities.

21. The Committee was honoured to welcome Ms Brigita SCHMÖGNEROVA, Executive Secretary of the United Nations Economic Commission for Europe (UNECE), who made a statement about the work of her Organisation and the possibilities for future cooperation.

22. Although Mrs VADEAU-DUCHER now had other professional responsibilities, the Committee insisted that she remain as Chair for a second year.

23. The Committee elected the following persons:

Mrs Marie-Cécile VADEAU-DUCHER (France): Chair
Mr Joe GERADA (Malta): Vice-Chair
Mr Klaus HALLA (Finland)
Mr Christoph LINZBACH (Germany)
Mr Albert BLOEMHEUVEL (Netherlands)
Mrs Adina DRAGOTOIU (Romania)

24. The Committee agreed to hold its forthcoming meetings at the following dates:

- 14th meeting: 5 to 6 April 2005 (followed by the Demographic Conference on 7 and 8 April);
- 15th meeting: 15 au 16 November 2005 (followed by the Forum 2005 on 17 and 18 November).

25. The 15th meeting of the CDCS Bureau will be held on 20 and 21 January 2005.

Appendix 1

AGENDA

1. ADOPTION OF THE DRAFT AGENDA

2. STATEMENT BY THE SECRETARIAT
a. Decisions of the Committee of Ministers and other recent developments relevant to the CDCS, in particular recommendations of the Parliamentary Assembly in the field of social cohesion
b. Reports of the twelfth meeting of the CDCS and the fourteenth meeting of the Bureau
c. “Social Cohesion Week” (2-5 November 2004)
d. Dissemination of the Strategy for Social Cohesion
e. Draft programme of activities for 2005
f. Preparation of the Third Council of Europe Summit (Warsaw, 16-17 May 2005)

3. PROPOSAL TO SET UP A GROUP OF EMINENT PERSONS

4. ACTIVITIES ON SOCIAL SECURITY
a. Results of the work of the Reflection Group on Social Security
b. Renewal of the terms of reference of the social security committees (CS-CO and CS-CR)
c. Results of the Euro-Mediterranean Conference on “Social security: a factor of social cohesion” (Limassol, Cyprus, 27-28 May 2004)
d. Preliminary plans for the 2005 training course on social security coordination instruments
e. Follow-up to the work on “Access to Social Protection for Illegal Labour Migrants”

5. RESULTS OF THE ACTIVITY ON ACCESS TO EMPLOYMENT FOR MARGINALISED GROUPS

6. GROUP OF SPECIALISTS ON USER INVOLVEMENT IN SOCIAL SERVICES AND INTEGRATED SOCIAL SERVICES DELIVERY (CS-US): RESULTS OF THE FIRST PHASE OF ACTIVITY

7. ACTIVITIES CONCERNING CHILDREN AND FAMILIES

a. Adoption of the revised text of the draft Recommendation on the rights of children living in residential institutions
b. Preliminary plans for the work of the new Committee of Experts on Children and Families (CS-EF)
c. Report of the seminar on the relationships between child, family and youth policies (Kiev, 23-25 September 2004)
d. XXVIIIth Session of the Conference of European Ministers responsible for Family Affairs

8 EXT STAGES OF THE WORK ON INDICATORS OF SOCIAL COHESION

9. SOCIAL COHESION FORUM 2005: Reconciling Labour Flexibility with Security and Social Cohesion

10. FOLLOW-UP TO THE RESEARCH ON SOCIAL INTEGRATION OF YOUNG PEOPLE IN DISADVANTAGED URBAN AREAS

11. PROGRESS REPORT ON SOCIAL COHESION ACTIVITIES
a. Intergovernmental cooperation activities
b. Bilateral and multilateral assistance activities
c. Annual Report

12. COOPERATION WITH OTHER COUNCIL OF EUROPE BODIES
a. European Population Committee (CAHP): Conference on demographic challenges for social cohesion (7-8 April 2005)
b. Committee on the rehabilitation and integration of people with disabilities (CD-P-RR): Conference on Human Rights - Disability - Children (8-9 November 2004)
c. Strategic approach to the Council of Europe's (public) health and related activities

13. ACTIVITIES OF OTHER INTERNATIONAL BODIES RELEVANT TO SOCIAL COHESION

14. ORGANISATION OF THE FOURTEENTH MEETING OF THE CDCS (5-6 April 2005)

15. ELECTION OF THE CHAIR, VICE-CHAIR AND MEMBERS OF THE BUREAU

16. OTHER BUSINESS

17. DATES OF FUTURE MEETINGS

Appendix 2

Recommendation Rec(2005)…
of the Committee of Ministers to member states
on the rights of children living in residential institutions

(Adopted by the Committee of Ministers on … 2005
at the … meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its member states, inter alia, by promoting the adoption of common rules;

Recalling the work of the Council of Europe's programme for children and its childhood policies project, in particular the recommendations from the Conference on “Children's Rights and Childhood Policies in Europe: New Approaches?”, held in Leipzig in 1996, the Parliamentary Assemblys' Recommendations 1286 (1996) on a European strategy for children, 1551 (2002) on building a 21st century society with and for children: follow-up to the European strategy for children (Recommendation 1286 (1996)), and 1601 (2003) on improving the lot of abandoned children in institutions;

Reaffirming the legal texts referring to the situation of children living in residential institutions in general, and in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5); the United Nations Convention on the Rights of the Child; the European Social Charter (ETS No. 35) and the Revised European Social Charter (ETS No. 163); the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126); the European Convention on the Exercise of Children's Rights (ETS No. 160) and the Convention on Contact concerning Children (ETS No. 192);

Taking into account the resolutions and recommendations of the Committee of Ministers: Resolution (77) 33 on the placement of children, and Recommendation No. R (79) 17 concerning the protection of children against ill-treatment, Recommendation No. R (84) 4 on parental responsibilities, Recommendation
No. R (87) 6 on foster families, Recommendation No. R (87) 20 on social reactions to juvenile delinquency, Recommendation No. R (94) 14 on coherent and integrated family policies, Recommendation No. R (98) 8 on children's participation in family and social life, Recommendation Rec(2001)16 on the protection of children against sexual exploitation, Recommendation Rec(2003)19 on improving access to social rights and Recommendation Rec(2003)20 concerning new ways of dealing with juvenile delinquency and the role of juvenile justice;

Bearing in mind the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the United Nations Convention on the Rights of the Child according to which the placement of children should be avoided wherever feasible by means of preventive measures;

Aware that, despite preventive measures, some children will still need to be placed outside their family;

Considering that the type of placement must primarily take account of the needs and best interests of the child and, where appropriate, his or her personal views on the matter; due weight should be given to these views in accordance with the child's age and his or her degree of maturity;

Anxious that all children who are placed outside their families, and particularly those placed in institutions, should grow in dignity, in the best possible conditions, without being marginalised either during their childhood or in adulthood, and that they should experience no obstacles to becoming fully-fledged citizens in European societies.

Recommends that governments of member states:

1. adopt such legislative and other measures as may be necessary, including national guidelines and action plans, to guarantee that the principles and quality standards set out in the appendix to this recommendation are complied with, with a view to achieving full implementation of the rights of children living in residential institutions, irrespective of the reasons for and the nature of the placement;

2. make this Recommendation widely known actively and by appropriate and means to children and other relevant persons and bodies.

Appendix to the Recommendation

Basic principles

– The family is the natural environment for the growth and well-being of the child and the parents have the primary responsibility for the upbringing and development of the child;

– preventive measures of support for children and families in accordance with their special needs should be provided as far as possible;

– the placement of a child should remain the exception and have as the primary objective the best interests of the child and his or her successful social integration or re-integration as soon as possible; the placement must guarantee full enjoyment of the child's fundamental rights ;

– the placement should not be longer than necessary and should be subject to periodic review with regard to the child's best interests that should be the primary consideration during his or her placement; the parents should be supported as much as possible with a view to harmoniously reintegrating the child in the family and society;

– a child leaving care should be entitled to an assessment of his or her needs and appropriate after-care support in accordance with the aim to ensure the re-integration of the child in the family and society;

– the decision taken about the placement of a child and the placement itself should not be subject to discrimination on the basis of gender, race, colour, social, ethnic or national origin, expressed opinions, language, property, religion, disability, birth or any other status of the child and/or his or her parents;

– the procedure, organisation and individual care plan of the placement, including a periodic review of the placement, shall guarantee the rights of the child, notably the child's right to be heard; due weight should be given to these views in accordance with the child's age and his or her degree of maturity;

– any measures of control and discipline which may be used in residential institutions, including those with the aim of preventing self-inflicted harm or injury to others, should be based on public regulations and approved standards;

– the family of the child should, if possible, be involved in the planning and organisation of the child's placement;

– when the return of the child to his or her own family is not possible, other means of care or the continuation of the placement should be envisaged, taking into account the child's wishes and the continuity in his or her life path and his or her fulfilment and own needs.

Specific rights for children living in residential institutions

To ensure the respect for these basic principles and fundamental rights of the child, the following specific rights of children living in residential institutions should be recognised:

– the right to be placed only to meet needs that have been established as imperative on the basis of a multidisciplinary assessment, and to have the placement periodically reviewed; in such reviews, alternatives should be sought and the child's views taken into account;

– the right to maintain regular contact with the child's family and other significant people; such contact may be restricted or excluded only where necessary in the best interests of the child;

– the right for siblings, whenever possible, to stay together or maintain regular contact;

– the right to an identity;

– the right to respect of the child's ethnic, religious, cultural, social and linguistic background;

– the right to privacy, including access to a person they trust and a competent body for confidential advice on their rights;

– the right to good quality health care adapted to the needs and well-being of the individual child;

– the right to respect for the child's human dignity and physical integrity; in particular, the right to conditions of human and non-degrading treatment and a non-violent upbringing, including the protection against corporal punishment and all forms of abuse;

– the right to equal opportunities;

– the right to have access to all types of education, vocational guidance and training, under the same conditions as for all other children;

– the right to be prepared for active and responsible citizenship through play, sport, cultural activity, informal education and increasing responsibilities;

– the right to participate in decision-making processes concerning the child and the living conditions in the institution;

– the right to be informed about children's rights and the rules of the residential institution in a child-friendly way;

– the right to make complaints to an identifiable, impartial and independent body in order to assert children's fundamental rights.

Guidelines and quality standards

To ensure the implementation of these principles and rights, the following guidelines and standards should be taken into account:

– when circumstances allow, a placement should be selected which is as close as possible to the child's environment and organised to allow parents to exercise their responsibilities and to maintain parent-child contact on a regular basis;

– a small family-style living unit should be provided;

– priority should be given to the physical and mental health of the child and his or her full, harmonious development as the essential conditions for the success of the care plan;

– an individual care plan should be drawn up which is based on both the development of the child's capacities and abilities and respect for his or her autonomy, as well as on maintaining contacts with the outside world and preparation for living outside the institution in the future;

– conditions that allow continuity of the educational and proper emotional relationship between staff and the children, notably through the stability of the staff (continuous presence, avoiding staff transfers) are preferable;

– an internal organisation of the institution should be foreseen, based on:

- the quality and stability of living units;

- mixed living units, when this is in the best interests of the child;

- high professional standards of the staff, benefiting from in-service training;

- adequate salaries for the staff;

- stability of staff and a sufficient number of staff members;

- diversified staff, particularly in terms of gender;

- multidisciplinary teamwork and other means of support, including supervision;

- effective child-centred use of available resources;

- means and specific training to develop appropriate co-operation with the child's parents;

- codes of ethics, describing the standards of practice that should be consistent with the United Nations Convention on the Rights of the Child;

– all residential institutions should be accredited and registered with the competent public authorities on the basis of regulations and national minimum standards of care;

– on the basis of these standards, an efficient system of monitoring and external control of residential institutions should be ensured;

– relevant statistical data should be collected and analysed, and research for the purposes of efficient monitoring should be supported;

– any infringements of the rights of children living in residential institution should be sanctioned in conformity with appropriate and effective procedures;

– it should be recognised that apart from public institutions, non-governmental organisations (NGOs), religious organisations and other private bodies may play an important role concerning children living in residential institutions; this role should be defined by member states' governments. Involving non-governmental bodies should not release member states from their obligations towards children in residential institutions that have been enshrined in this recommendation, concerning in particular the establishment of appropriate standards, systems of accreditation and inspection by competent bodies.

Appendix 3

Opinion of the European Committee for Social Cohesion (CDCS) on
Parliamentary Assembly Recommendation 1663 (2004)
on domestic slavery: servitude, au pairs and “mail-order brides”

1. The European Committee for Social Cohesion (CDCS) has carefully examined Recommendation 1663 (2004) of the Parliamentary Assembly on domestic slavery: servitude, au pairs and “mail-order brides”. It shares the Parliamentary Assembly's concern and indignation about the problem of domestic slavery and considers that it is the Council of Europe's duty as a human rights organisation to act to bring the unacceptable practices concerned to an end. In this connection, it places great hope in the key role that will be played in combating these abuses by the future Convention on action against trafficking in human beings.

2. The CDCS's comments will relate solely to section iii of the Recommendation “as concerns au pair placement”. This matter is a CDCS responsibility, as the committee's terms of reference instruct it to examine the functioning and implementation of the European Agreement on “au pair” Placement. Bearing this in mind, the CDCS wishes to inform the Committee of Ministers of the result of the various discussions it has held on this subject over the last two years.

3. At the outset, the CDCS would like to stress that the employment of an au pair is intended primarily to promote cultural exchange between young people and very rarely leads to situations of domestic slavery, despite the occasional cases of abuse that have been reported.

4. The European Agreement on “au pair” Placement dates from 1969. It contains provisions – now obsolete – on the relations between the host family and the au pair. In view of the small number of ratifications (five member states), the CDCS began by considering whether it would be worth revising and updating the Agreement. The replies to the questionnaires it sent to all the members showed that this question excited little political interest and that very few states would ratify the Agreement even if it were altered.

5. The CDCS then held a meeting between field workers (members of the International Au Pair Association (IAPA)) and government representatives working on quality standards intended to regulate and monitor au pair placements. After a broad discussion, most CDCS members still felt that, although such guidelines were useful, this was not a priority question for the CDCS, and there was no urgent need to revise the European Agreement on “au pair” Placement.

6. The CDCS will, however, bear in mind the recommendations of the Parliamentary Assembly of the Council of Europe, and will be ready, if required, to resume discussion of a revision of the Agreement if the states so request.

Appendix 4

Opinion of the European Committee for Social Cohesion (CDCS) on
Parliamentary Assembly Recommendation 1666 (2004)
on a Europe-wide ban on corporal punishment of children

1. The European Committee for Social Cohesion (CDCS) has closely examined Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children. Through its Strategy for Social Cohesion, in particular the revised version of March 2004, the committee continues to assert its commitment to protecting children and ensuring that all children develop to their full potential.

2. Its subordinate committee, the Forum for Children and Families, held a symposium in November 2002, with contributions from children, on the corporal punishment that all too many children suffer throughout Europe. The issue of corporal punishment remains sensitive and divides not only teachers, guardians and parents, but also lawmakers. This is precisely the point that the Assembly brings to the Committee of Ministers' attention.

3. Within its field of responsibility, the European Committee for Social Cohesion regards children as fully fledged human beings with individual rights enshrined in numerous international and national texts. The CDCS refers in particular to the European Social Charter and the Revised Social Charter, essential instruments in the field of social rights, from which ensues the obligation to protect children against ill-treatment, including corporal punishment. It hopes that states parties will fully observe their commitments in this respect.

4. The Committee supports the idea of children enjoying equal protection before the law. While therefore recognising the human rights dimension of the issue, the CDCS wishes to underline that the image of children and their status are constantly evolving in all areas of life and that, since the adoption of the United Nations Convention on the Rights of the Child in particular, the overall trend has been towards greater respect, protection and attention for children.

5. The CDCS understands that the Assembly Recommendation is motivated by internationally recognised concerns about the defence of children's fundamental rights. In the private sphere of bringing up children, however, it believes that the Council of Europe's role should primarily be to help raise awareness of the issue and draw up recommendations and guidelines on positive forms of child rearing.

6. Having opted for this approach, the CDCS makes sure that the texts drawn up under its auspices include the recommendation that children's human dignity should be respected and they should be brought up without the use of corporal punishment. The CDCS is also intending shortly to publish two relevant reports prepared within the Forum for Children and Families following its debate of November 2002: one on awareness-raising campaigns, “Protecting children against corporal punishment – awareness-raising campaigns”, and the other on progress towards the abolition of corporal punishment in Europe, “Eliminating Corporal Punishment: a human rights imperative for Europe's children”.

7. In addition, the CDCS will be launching a new project by the end of 2004 that is directly related to the issue in question, namely “Supporting parenting in the best interests of the child”. If the Committee of Experts on Children and Families (CS-EF) deems this to be a priority, it will be possible under the project to draw up guidelines for peaceful parenting without the use of physical force.

8. The CDCS therefore welcomes the recommendations made by the Parliamentary Assembly in point 8 of Recommendation 1666. It believes that the issues of bringing up children are crucially important and should occupy a key place in the inter-sectoral project on Children and Violence beginning in 2005. The CDCS will make sure that the activities in its field take account of the Assembly's concerns.

Appendix 5

Specific terms of reference

1. Name of the Committee:

Committee of Experts on standard-setting instruments in the field of social security (CS-CO)

2. Type of Committee:

Committee of Experts

3. Source of terms of reference:

European Committee for Social Cohesion (CDCS)

4. Specific terms of reference:

These terms of reference are derived from the following legal instruments:

European Code of Social Security (ETS No 048) (and Protocol (ETS No 048A) Articles 1, 2, 74, 76 and 78;
European Code of Social Security (revised) (ETS No 139) Articles 1, 34, 79, 83.

The Committee is instructed to:

a. Supervise the application of the European Code of Social Security, Article 74 and examine the conclusions of the Group of consultants to examine the reports on the non-ratified provisions of the Code (article 76);

b. Analyse the conclusions of the control mechanism(s) of the European Code of Social Security so as to identify needs and priorities at national level, with a view to suggesting concrete solutions;

c. Assist member states wishing to ratify the European Code of Social Security, the Protocol and the (revised) Code to examine the legal, financial and administrative implications of ratification;

d. Take stock of problems that states have in meeting specific provisions of the European Code of Social Security, the Protocol and the (revised) Code by providing, notably, the necessary technical assistance with a view to suggesting possible measures (adaptation of the legal instrument concerned, recommendations to member states, etc) for overcoming the above-mentioned problems;

e. Promote ratification of these instruments through the following promotional activities: organisation of colloquia, study visits, training activities, etc and monitor, via a road map, the development of this process;

f. Observe pan-European trends and developments in the social security field and prepare, for the attention of the CDCS, information on current issues and best practices.

g. Reflect on a better organisation of the work of the Council of Europe in the field of Social Security and make proposals in view of collaboration with the Committee for Coordination in the Social Security Field (CS-CR).

5. Membership of the Committee:

a. The governments of all member states are entitled to appoint one member with the following qualifications: Senior national official in the fields covered by the present terms of reference.

The Council of Europe will bear the travel and subsistence expenses for one Committee member per country (two in the case of the member state whose representative has been elected as the chairperson of the Committee).

b. The Commission of the European Communities may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

c. The following observers with the Council of Europe may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

Canada;
Holy See;
Japan;
Mexico;
United States of America.

d. The following observers with the Committee may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

Australia;
New Zealand;
International Labour Office (ILO);*
OECD;
International Social Security Association (ISSA);
European Trade Union Confederation (ETUC).

6. Working structures and methods:

The CS-CO adopts its Conclusions on the application of the European Code of Social Security and its Protocol and transmits them directly to the Committee of Ministers, and to the CDCS for information. In addition, the CS-CO prepares summary information for the attention of the CDCS on trends in social security derived from the national reports on the application of the Code and the conclusions of the ILO.

The CS-CO may set up working parties or have recourse to consultants.

7. Duration:

These specific terms of reference will expire on 31 December 2006.

Appendix 6

Specific terms of reference

1. Name of Committee:

Committee for Coordination in the Social Security Field (CS-CR)

2. Type of Committee:

Committee of Experts

3. Source of terms of reference:

European Committee for Social Cohesion (CDCS)

Terms of reference derived from a Convention: Article 2 of the Supplementary Agreement for the Application of the European Convention on Social Security (No 78 in the European Treaty Series).

4. Specific terms of reference:

The Committee is instructed to:

a. Promote coordination of social security schemes (through the instruments in this field drawn up by the Council of Europe);

b. Examine all the administrative issues and questions of interpretation arising from the provisions of the European Convention on Social Security, from any agreements or arrangements concluded for its implementation, and from any other instrument relating to social security coordination drawn up by the Council of Europe (European Interim Agreements, etc); and prepare the discussions on these matters of the European Committee for Social Cohesion (CDCS);

c. Promote and develop cooperation between member states with a view to regulating the obtaining of benefits, especially those deriving from the provisions of the Convention on invalidity, old age and death (pensions);

d. Prepare the documents and leaflets required for the application of the Convention, as provided for in Article 2 of the Supplementary Agreement for the Application of the Convention;

e. Deal with any other question relating to international social security at the request of the CDCS, and especially supervise the activities relating to special social security schemes and to the taxation at source of exported benefits, and ensure that the information documents prepared as part of these activities are regularly updated;

f. In accordance with paragraph e above, carry out work relating to the following matters:

In respect of the Interim Agreements on Social Security as a means of co-operation between Council of Europe member states and European states which are not members:

- promote ratification of the European Interim Agreements by Council of Europe member states and states which are not members, especially by the countries of central and eastern Europe;

- on the basis of the European Interim Agreements, undertake any activity intended to foster the coordination of the national social security legislation of Council of Europe member states and of states which are not members, and especially examine the legal, financial and administrative implications of adhesion to these instruments by the countries of central and eastern Europe. In this context, the Committee should also address the issue of coordination on social security between countries which are members of the European Union, the European Economic Area and the other Council of Europe member states;

In respect of the European Convention on Social Security and the Supplementary Agreement:

- promote the ratification of the Convention by Council of Europe member states and by states which are not members;

- to study, when requested to do so by the CDCS, the progress of national social security legislation coordination between Council of Europe member states, giving particular attention to relations between the Contracting Parties to the European Convention on Social Security and to the question of relations in the social security sphere between European Union, European Economic Area member states and the other Council of Europe member states;

In respect of the European Convention on Social and Medical Assistance (ETS No 14):

- promote the ratification of the European Convention on Social and Medical Assistance by Council of Europe member states and states which are not members, especially by the countries of central and eastern Europe;

- carry out activities relating to social and medical assistance;

- deal with issues relating to its application.

g. Reflect on a better organisation of the work of the Council of Europe in the field of Social Security and make proposals in view of collaboration with the Committee of Experts on Standard-Setting Instruments in the field of Social Security (CS-CO).

5. Membership of the Committee:

a. States, the governments of which may appoint members: all member states.

b. Number of members per state whose travel and subsistence expenses will be borne by the Council of Europe budget: one member from each of the twenty member states determined by the rota system described below.3

c. Desirable qualifications of Committee members: experts in the field of international coordination of social security schemes; senior governmental officials responsible for the implementation of international social security conventions.

d. Other participants:

Commission of the European Communities.

e. The following states, having observer status with the Council of Europe, may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses s:

Canada;
Holy See.

f. The following states and/or organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

Australia;
New Zealand;
ILO (one expert as technical advisory member);
International Social Security Association (ISSA);
Central Commission for the Navigation on the Rhine (CCNR).

6. Duration of terms of reference:

These specific terms of reference will expire on 31 December 2006.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 The full meeting report (document CAHP8(2004)1) is available from the Directorate General of Social Cohesion.
3 Functioning of the rota system:
- Among the 20 member states of the Committee for coordination in the social security field whose travel and subsistence costs are borne by the Council of Europe budget, 12 of the 22 states which have ratified the European Interim Agreements and/or the European Convention on Social Security (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Federal Republic of Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Turkey and United Kingdom) take part in the rota system;
- the rota system operates according to English alphabetical order, for a period comprising two meetings of the Committee from the day after the meeting of the Committee which completes a rota period; the Secretariat is instructed to contact the states concerned in advance, so that they can state whether they intend to take part in the Committee's work; if a negative reply is given, the next State is consulted in respect of the meeting concerned;
- in addition, 8 member states which have not yet signed or ratified the European Interim Agreements and/or the European Convention on Social Security, but which have made clear their intention of taking action towards this goal, are invited to participate in the Committee's work at the Council of Europe's expense.


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