Ministers’ Deputies
Decisions

CM/Del/Dec(2010)1076 5 February 2010
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1076th meeting, 3-4 February 2010

Decisions adopted

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Page

CONTENTS

List of those present 6

Introduction 9

1. General questions

1.1 Adoption of the agenda 9

1.2 Preparation of forthcoming meetings 9

1.3 Dialogue with the Secretary General and the Deputy Secretary General 10

1.4 Report of the Bureau 10

1.5 Conferences of Specialised Ministers – State of preparation 10

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia
a. Exchange of views with Mr Temur Yakobashvili, Minister for Reintegration Issues of Georgia +
b. “Humanitarian consequences of the war between Georgia and Russia: follow-up given to
Resolution 1648 (2009)” – Parliamentary Assembly Recommendation 1869 (2009) 11

2.1bis Current political questions +

2.2 Situation in Cyprus+

2.3 16th Session of the Council of Europe Conference of Ministers responsible for Local and Regional
Government (16-17 November 2009, Utrecht, Netherlands) – Report by the Secretary General 11

2.4 Monitoring Group (GT-SUIVI.AGO) – Report on a visit by a delegation of the Ago Group to
Armenia and Azerbaijan (20-25 November 2009) 12

3. Parliamentary Assembly

3.1 1st Part of the 2010 Session (Strasbourg, 25-29 January 2010)
a. Communication by the Secretary General of the Parliamentary Assembly on the 1st Part of
the 2010 Session and other Assembly activities 13
b. Communication by the Chairperson of the Committee of Ministers and replies to parliamentary
questions (25 January 2010) 13

3.2 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 579 by Mrs Taktakishvili: “The publication of CPT's reports” 13
b. Written Question No. 577 by Mrs Acketoft: “Swiss ban on minarets” 14

4. Human rights

4.1 United Nations –
Exchange of views (human rights questions) with experts from capitals (4 February 2010) +

4.2 Council of Europe Commissioner for Human Rights –
Presentation of the 4th quarterly activity report 2009 (1 October to 31 December 2009) +

Page

4.3 European Court of Human Rights –
Advisory opinion on certain legal questions concerning the lists of candidates submitted with a view to the election of judges to the European Court of Human Rights (No. 2) (22 January 2010) 14

6. Social cohesion

6.1 European Committee on Migration (CDMG) –
Draft terms of reference of the Ad hoc Advisory Group on reducing the risk of vulnerability of
elderly migrants and improving their welfare (MG-S-MA) 14

6.2 European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015
(CAHPAH) – Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member
states on community living and deinstitutionalisation of children with disabilities 14

6.3 European Health Committee (CDSP) –
Abridged report of the 62nd meeting (Strasbourg, 13-15 October 2009) 15

6.4 European Committee for Social Cohesion (CDCS) –
Draft terms of reference of the Ad hoc Advisory Group on children’s rights and social services
(CS-S-CRS) 15

6.5 European Directorate for the Quality of Medicines (EDQM) 15
a. European Committee (Partial Agreement) on blood transfusion (CD-P-TS)
i. Abridged report of the 5th meeting (Amsterdam, 5-6 November 2009)
ii. Draft terms of reference of the CD-P-TS
b. European Committee (Partial Agreement) on organ transplantation (CD-P-TO)
i. Abridged report of the 5th meeting (Berlin, 2-3 October 2009)
ii. Draft terms of reference of the CD-P-TO

6.6 “Equality and diversity in local authority employment and service provision” –
Recommendation 262 (2009) of the Congress of Local and Regional Authorities of the
Council of Europe 16

8. Youth and sport

8.1 Partial Agreement on the Youth Card 16
a. Proposal to change the name of the Partial Agreement
b. Appointment of eight governmental members of the Board of Co-ordination

10. Legal questions

10.1 European Commission for Democracy through Law (Venice Commission) –
Request from the Government of Mexico for membership of the Enlarged Agreement
establishing the European Commission for Democracy through Law 17

10.2 Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 17th meeting (Strasbourg, 17-18 November 2009) 17

13. Other business

13.1 High-level Conference on the future of the European Court of Human Rights
(Interlaken, 18-19 February 2010) – Statement by the European Union+

APPENDICES

APPENDIX 1 1076th meeting of the Ministers' Deputies
(item 1.1) (Strasbourg, 3 (10 a.m.) – 4 (10 a.m. – 1 p.m.) February 2010)
Agenda 18

APPENDIX 2 1079th meeting of the Ministers' Deputies
(item 1.2) (Strasbourg, 10 (10 a.m.) March 2010)
Draft Agenda 22

APPENDIX 3 1080th meeting of the Ministers' Deputies
(item 1.2) (Strasbourg, 24 (10 a.m.) March 2010)
Draft Agenda 25

APPENDIX 4 1081st meeting of the Ministers' Deputies
(item 1.2) (Strasbourg, 31 (10 a.m.) March 2010)
Draft Agenda 27

APPENDIX 5 Reply to Parliamentary Assembly Recommendation 1869 (2009) on the
(item 2.1b) “Humanitarian consequences of the war between Georgia and Russia:
follow-up given to Resolution 1648 (2009)” 29

APPENDIX 6 Recommendation CM/Rec(2010)2
(item 6.2) of the Committee of Ministers to member states
on deinstitutionalisation and community living of children with disabilities 30

APPENDIX 7 Terms of reference of the
(item 6.4) Ad hoc Advisory Group on children’s rights and social services (CS-S-CRS) 38

APPENDIX 8 Terms of reference of the
(item 6.5a) European Committee (Partial Agreement) on blood transfusion (CD-P-TS) 43

APPENDIX 9 Terms of reference of the
(item 6.5b) European Committee (Partial Agreement) on organ transplantation (CD-P-TO) 47

APPENDIX 10 Reply to Recommendation 262 (2009) of the
(item 6.6) Congress of Local and Regional Authorities of the Council of Europe
on “Equality and diversity in local authority employment and service provision” 51

The 1076th meeting of the Ministers’ Deputies opened on 3 February 2010 at 10.00 a.m. and continued on 4 February 2010 at 10.00 a.m. under the chairmanship of Mr P. Widmer, Deputy for the Minister for Foreign Affairs of Switzerland.

PRESENT

ALBANIA
Ms M. Gega
Mr F. Peni
Ms A. Doko

ANDORRA
Ms F. Aleix

ARMENIA
Mr Z. Mnatsakanian
Mr S. Kartashyan
Ms N. Hambarzumyan
Mr A. Hovhannisyan
Ms I. Beglaryan

AUSTRIA
Mr S. Rutkowski

AZERBAIJAN
Mr A. Mammadov
Mr M. Kangarlinski

BELGIUM
Mr J. Devadder
Ms M. Janssens

BOSNIA AND HERZEGOVINA
Ms Z. Martinović
Ms M. Muharemagić
Ms M. Dimitrijević

BULGARIA
Mr A. Tehov
Mr A. Krestev
Ms Y. Parparova
Mr M. Bozhkov

CROATIA
Ms A. Djamić
Ms L. Glavaš Kovačić
Mrs P. Leppee Fraize

CYPRUS
Mr E. Evriviades
Mr Y. Michaelides
Mr S. Hatziyiannis

CZECH REPUBLIC
Mr T. Boček
Mr M. Bouček
Ms K. Markovová

DENMARK
Mr C. Oldenburg
Mr C. von Barnekow
ESTONIA
Mr S. Kannike
Ms K. Tikenberg

FINLAND
Ms I. Ertman
Ms A.-C. Krank
Mr P. Kotilainen

FRANCE
Mr P. Dahan
Mr P. Ray
Ms C. Larene

GEORGIA
Mr Z. Tchiaberashvili
Mr M. Jgenti
Ms L. Goginava
Ms I. Mamuchishvili

GERMANY
Mr H.-D. Heumann
Mr H. Haupt
Ms C. Althauser
Mr J. Holzenberger

GREECE
Mr A. Dendoulis
Mr D. Karabalis
Mr G. Daskalopoulos

HUNGARY
Ms J. József
Mr V. Garai
Mr B. Horváth

ICELAND
Ms P.M. Rúnarsdóttir

IRELAND
Ms M. Hennessy
Ms M. Connery
Ms B. Walshe
Ms C. Donnellan

ITALY
Mr S. Busetto
Mr A. Verde

LATVIA
Ms I. Kase

LIECHTENSTEIN
Mr D. Ospelt

LITHUANIA
Mr G. Šerkšnys
Mr D. Simaitis

LUXEMBOURG
Mr R. Mayer

MALTA
Mr J. Licari
Mr M. Pace

MOLDOVA
Ms V. Agrici
Mr A. Paladuta
Mr D. Vataman

MONACO
Mrs C. Gastaud

MONTENEGRO
Mr Z. Janković

NETHERLANDS
Mr J. van der Velden
Mr M. van der Kolk
Ms M. Ouwens

NORWAY
Mr P. Wille
Ms T. Kongsvik
Ms E. Widsteen

POLAND
Mr P. Świtalski
Mr J. Grabowski
Ms A. Wyżnikiewicz
Ms E. Suchożebrska

PORTUGAL
Mr A. Madeira Bárbara
Mr J. Patricio
Mr L. Sequeira

ROMANIA
Mr S. Stoian
Mr N. Nastase
Mr C.H. Rogoveanu
Ms O. Rogoveanu
Mr L. Flueraru

RUSSIAN FEDERATION
Mr A. Alekseev
Mr V. Egorov
Mr I. Podolskiy
Mr V. Ermakov
Mr V. Kashin-Padun
Mr I. Maltsev
Mr I. Subbotin
Ms M. Kostyanaya
Mr A. Tarasov
Mr K. Kosorukov
SAN MARINO
Mr G. Bellatti Ceccoli
Ms M. Bovi

SERBIA
Ms D. Filipovic
Ms V. Radonjic-Rakic
Mr A. Tomic

SLOVAK REPUBLIC
Mr J. Kubla
Ms S. Danová

SLOVENIA
Mr J. Brenčič
Ms N. Hojnik

SPAIN
Mr P. Jiménez Nacher
Mr P. Desportes

SWEDEN
Mr P. Sjögren
Ms A. Lundkvist
Ms F. Tamas-Hermelin

SWITZERLAND
Mr P. Widmer, Chairman
Mr M. Wey
Ms B. Schaer
Ms S. Trautweiler-Heizmann

“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Mr V. Ristovski, Vice-Chairman
Ms D. Zafirovska
Ms E. Ilieva
Ms E. Bodeva

TURKEY
Mr D. Batibay
Mr H. Ulusoy
Mr C. Kahyaoğlu
Mr B. Ulusoy
Mr U. Acar
Mr T. Oba
Mr E. Türesin
Mr Ü. Öktem
Ms B. Kabakçi
Mr T. Ok
Mr Y. Yeşilada

UKRAINE
Mr Y. Perelygin
Ms N. Shakuro
Mr O. Ivaschenko

UNITED KINGDOM
Ms E. Fuller
Ms A. Sharif
Ms P. Gordon

*

* *

EUROPEAN UNION
Ms L. Pavan-Woolfe
Mr J. Legrand

*

* *

CANADA
-

HOLY SEE
Mgr A. Giordano
Ms T. Esposito Celiento

JAPAN
Mr H. Karube
Mr Y. Iizawa
Mr H. Minami

MEXICO
Ms L. Madero

UNITED STATES OF AMERICA
Mr V. Carver

Introduction

At the start of the meeting, the Chairman welcomed Ambassador Tomáš BOČEK, Permanent Representative of the Czech Republic, and Ms Evgenija ILIEVA, Deputy to the Permanent Representative of “the former Yugoslav Republic of Macedonia”. He wished them a successful mission within the Committee.

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to add the following item to their 1076th meeting:

 

13.1

Other business – High-level Conference on the future of the European Court of Human Rights (Interlaken, 18-19 February 2010) – Statement by the European Union

2. taking into account the decision above, adopted the agenda of their 1076th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.2

Preparation of forthcoming meetings

Decisions

The Deputies

1. approved the draft agenda for their 1079th meeting (10 (10 a.m.) March 2010), as it appears at Appendix 2 to the present volume of Decisions;

2. approved the draft agenda for their 1080th meeting (24 (10 a.m.) March 2010), as it appears at Appendix 3 to the present volume of Decisions;

2. approved the draft agenda for their 1081st meeting (31 (10 a.m.) March 2010), as it appears at Appendix 4 to the present volume of Decisions.

Item 1.3

Dialogue with the Secretary General and the Deputy Secretary General – Staff matters
(SG/Com(2010)1076)

Decisions

The Deputies

1. took note of the Secretary General’s intention to appoint Mr Francis Dangel (Grade A6) on the post of Director of Human Resources (Grade A6), in accordance with Articles 25.1, 25.4 and 25.5.b. of the Regulations on Appointments (Appendix II to the Staff Regulations), with effect from 1 April 2010;

2. took note of the Secretary General’s intention to create a position (Grade A6) of Special Advisor of the Secretary General for a period of one year, with effect from 3 February 2010;

3. took note of the Secretary General’s intention to appoint Ms Seda Pumpyanskaya on that position, in accordance with Article 25, paragraphs 1 and 2 of the Regulations on Appointments (Appendix II to the Staff Regulations), with effect from 3 February 2010;

4. noted that the Secretary General would provide a short document recalling the principles and instruments of the Council of Europe, in particular those relevant for the protection of the rights of children, that should be borne in mind by governments when assisting Haiti in the aftermath of the earthquake;

5. took note of the communication of the Secretary General and the Deputy Secretary General (SG/Com(2010)1076) and the exchange of views under this item.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2010)5)

Decision

The Deputies took note of the report of the meeting of the Bureau of 1 February 2010 (document CM/Bur/Del(2010)5) and approved the recommendations contained therein.

Item 1.5

Conferences of Specialised Ministers – State of preparation
(CM/Inf(2010)2)

Decisions

The Deputies

a. Concerning the 7th Council of Europe Ministerial Conference on Equality between Women and Men
(24-25 May 2010, Baku, Azerbaijan)

1. noted that an additional participant would be invited to the conference, namely:

- Council of Europe Development Bank;

b. Concerning the 30th Council of Europe Conference of Ministers of Justice (Turkey)

2. noted that this conference would be held from 24 to 26 November 2010 in Istanbul.

Item 2.1b

The Council of Europe and the conflict in Georgia

b. “Humanitarian consequences of the war between Georgia and Russia: follow-up given to Resolution 1648 (2009)” – Parliamentary Assembly Recommendation 1869 (2009)
(REC_1869 (2009), CM/AS(2010)Rec1869 prov, CM/Inf(2010)3)

Decision

The Deputies adopted the reply to Recommendation 1869 (2009) of the Parliamentary Assembly on the “Humanitarian consequences of the war between Georgia and Russia: follow-up given to Resolution 1648 (2009)”, as it appears at Appendix 5 to the present volume of Decisions.3

Item 2.3

16th Session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (16-17 November 2009, Utrecht, Netherlands) – Report by the Secretary General
(CM(2010)3, GR-DEM(2010)CB1)

Decisions

The Deputies

1. agreed to consider at one of their forthcoming meetings the possibility to include an item on the agenda of the next ministerial session (May 2010) regarding the possible establishment of a partnership with the Ministers responsible for Local and Regional Government and to invite the Minister of Public Administration and Local Government of Finland, Ms Mari Kiviniemi, to attend the session and join in the consideration of this item;

2. took note with satisfaction that the Ministers responsible for Local and Regional Government entrusted the Minister of Territorial Policy of Spain, Mr Manuel Chaves, with ensuring the continuity of their work until the next session of the conference and instructed the European Committee on Local and Regional Democracy (CDLR) to assist him in performing this task;

3. noted that the Ministers have extended an invitation to the Congress to jointly undertake a review of the present situation of the functioning of co-operation between the Congress and the intergovernmental sector, and of all aspects of country monitoring, in the area of local self-government, and instructed the CDLR to assist the Ministers in this regard, as well as with the subsequent work under the Utrecht Declaration;

4. transmitted the Utrecht Declaration to the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe;

5. having regard to decisions 1 to 4 above, took note of the Utrecht Declaration as a whole.

Item 2.4

Monitoring Group (GT-SUIVI.AGO) –
Report on a visit by a delegation of the Ago Group to Armenia and Azerbaijan
(20-25 November 2009)
(CM(2009)180)

Decisions

The Deputies

1. took note of the report on a visit by a delegation of their Monitoring Group (GT-SUIVI.AGO) to Armenia and Azerbaijan (20-25 November 2009), as it appears in document CM(2009)180;

2. welcomed the progress made by Armenia and Azerbaijan towards the fulfilment of their respective commitments and obligations to the Council of Europe, in particular regarding the alignment of domestic legislation with Council of Europe standards;

3. encouraged the authorities of the two countries to make further progress along the lines indicated in the above-mentioned report, paying particular attention to the structural reforms, and their implementation, which remain to be completed in such important areas as election legislation and practice, the independence of the judiciary, the fight against corruption, freedom of the media, the democratic oversight of the police and local self-government;

4. reaffirmed the Council of Europe's willingness to provide its continued assistance to this end, through the co-operation programming documents recently approved for the benefit of Armenia and Azerbaijan, and called on member states to consider granting voluntary contributions for their financing;

5. called on the two countries to abide by their joint undertaking at the time of their accession to achieve a peaceful solution to the Nagorno-Karabakh conflict and encouraged the two countries' authorities to actively pursue the negotiation process, under the aegis of the Minsk Group, with a view to a rapid solution to the problem, in the interests of the peace and stability of Armenia and Azerbaijan, and more generally of the region as a whole;

6. reaffirmed the Council of Europe's readiness to offer its support in order to contribute, within its competencies, to the creation of conditions for a peaceful settlement of the conflict;

7. transmitted this report to the Parliamentary Assembly, the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights, as well as to the relevant Council of Europe monitoring bodies for their information and, where appropriate, for the co-ordination of their respective activities with those of the Monitoring Group;

8. instructed their Monitoring Group to continue to follow the progress made by Armenia and Azerbaijan, through a close and inclusive dialogue with the authorities of the two countries, while undertaking an in-depth evaluation of its action which will be submitted to them for consideration before the next visit of the Group.

Item 3.1a

Parliamentary Assembly –
1st part of the 2010 Session (Strasbourg, 25-29 January 2010)

a. Communication by the Secretary General of the Parliamentary Assembly on the 1st part of the 2010 Session and other Assembly activities
(SG-AS(2010)02)

Decision

The Deputies took note of the communication by the Secretary General of the Parliamentary Assembly on the 1st part of the 2010 Session and other Assembly activities, as it appears in document SG-AS(2010)02.

Item 3.1b

Parliamentary Assembly –
1st part of the 2010 Session (Strasbourg, 25-29 January 2010)

b. Communication by the Chairperson of the Committee of Ministers and replies to parliamentary questions (25 January 2010)
(CM/AS(2010)1, CM/AS(2010)2, AS(2010)CR2)

Decisions

The Deputies

1. took note of the report of Ms Micheline Calmy-Rey, Head of the Federal Department of Foreign Affairs of Switzerland and Chairperson of the Committee of Ministers, to the Parliamentary Assembly (document CM/AS(2010)1) and of her statement (document CM/AS(2010)2);

2. took note of the replies given to parliamentary questions by the Chairperson of the Committee of Ministers (document AS(2010)CR2).

Item 3.2a

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 579 by Mrs Taktakishvili: “The publication of CPT's reports”
(CM/AS(2010)Quest579)

Decisions

The Deputies

1. instructed the Secretariat to prepare a draft reply to Written Question No. 579 in light of the views expressed at the present meeting;

2. agreed to resume consideration of this question at one of their forthcoming meetings.

Item 3.2b

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

b. Written Question No. 577 by Mrs Acketoft: “Swiss ban on minarets”
(CM/AS(2010)Quest577)

Decisions

The Deputies

1. instructed the Secretariat to prepare a draft reply to Written Question No. 577 in light of the views expressed at their 1075th meeting and at the present meeting;

2. agreed to resume consideration of this question at one of their forthcoming meetings.

Item 4.3

European Court of Human Rights –
Advisory opinion on certain legal questions concerning the lists of candidates submitted with a view to the election of judges to the European Court of Human Rights (No. 2) (22 January 2010)
(CM/Del/Dec(2009)1063/4.5, European Court’s Advisory Opinion of 22 January 2010)

Decision

The Deputies took note of the opinion and invited their Chair to transmit it officially to the Parliamentary Assembly, drawing its attention to the importance of this opinion.

Item 6.1

European Committee on Migration (CDMG) –
Draft terms of reference of the Ad hoc Advisory Group on reducing the risk of vulnerability of elderly migrants and improving their welfare (MG-S-MA)

This item was postponed.

Item 6.2

European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015
(CAHPAH) –
Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states on community living and deinstitutionalisation of children with disabilities
(CM(2009)198)

Decision

The Deputies adopted Recommendation CM/Rec(2010)2 of the Committee of Ministers to member states on community living and deinstitutionalisation of children with disabilities), as it appears at Appendix 6 to the present volume of Decisions.

Item 6.3

European Health Committee (CDSP) –
Abridged report of the 62nd meeting (Strasbourg, 13-15 October 2009)
(CM(2009)182)

Decisions

The Deputies

1. took note of the invitation of the Portuguese authorities to host the 9th Council of Europe Conference of Health Ministers in Portugal in 2011, on the general theme of child-friendly health care;

2. took note of the abridged report of the 62nd meeting of the European Health Committee (CDSP), as it appears in document CM(2009)182, as a whole.

Item 6.4

European Committee for Social Cohesion (CDCS) –
Draft terms of reference of the Ad hoc Advisory Group on children’s rights and social services
(CS-S-CRS)

(CM(2009)199)

Decision

The Deputies approved the terms of reference of the Ad hoc Advisory Group on children’s rights and social services (CS-S-CRS), as they appear at Appendix 7 to the present volume of Decisions.

Item 6.5

European Directorate for the Quality of Medicines (EDQM)

a. European Committee (Partial Agreement) on blood transfusion (CD-P-TS)

    i. Abridged report of the 5th meeting (Amsterdam, 5-6 November 2009)
    ii. Draft terms of reference of the CD-P-TS

b. European Committee (Partial Agreement) on organ transplantation (CD-P-TO)

    i. Abridged report of the 5th meeting (Berlin, 2-3 October 2009)
    ii. Draft terms of reference of the CD-P-TO

(CM(2009)203 and CM(2009)204)

Decisions

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,4

1. approved the terms of reference of the European Committee (Partial Agreement) on blood transfusion (CD-P-TS), as they appear at Appendix 8 to the present volume of Decisions;

2. approved the terms of reference of the European Committee (Partial Agreement) on organ transplantation (CD-P-TO), as they appear at Appendix 9 to the present volume of Decisions;

3. in the light of decisions 1 and 2 above, took note of the abridged reports of the 5th meeting of the European Committee (Partial Agreement) on blood transfusion (CD-P-TS) (Amsterdam, 5-6 November 2009) and of the 5th meeting of the European Committee (Partial Agreement) on organ transplantation (CD-P-TO) (Berlin, 2-3 October 2009), as they appear respectively in documents CM(2009)203 and CM(2009)204, as a whole.

Item 6.6

“Equality and diversity in local authority employment and service provision” –
Recommendation 262 (2009) of the Congress of Local and Regional Authorities of the Council of Europe
(Congress REC_262 (2009), CM/Cong(2009)Rec262 prov and CM/Cong(2010)Rec262 provadd)

Decision

The Deputies adopted the reply to Recommendation 262 (2009) of the Congress of Local and Regional Authorities of the Council of Europe on “Equality and diversity in local authority employment and service provision”, as it appears at Appendix 10 to the present volume of Decisions.5

Item 8.1a,b

Partial Agreement on the Youth Card

a. Proposal to change the name of the Partial Agreement
b. Appointment of eight governmental members of the Board of Co-ordination
(Resolution ResAP(2003)1 and CM(2010)8)

Decisions

The Deputies, in their composition restricted to the representatives of the member states of the Partial Agreement on the Youth Card,6

1. agreed to change the name of the Partial Agreement to “Partial Agreement on Youth Mobility through the Youth Card”;

2. appointed the following eight member states to sit on the Board of Co-ordination of the Partial Agreement in 2010-2011:

    · Andorra
    · Austria
    · Croatia
    · Cyprus
    · Montenegro
    · Serbia
    · Spain
    · Switzerland.

Item 10.1

European Commission for Democracy through Law (Venice Commission) –
Request from the Government of Mexico for membership of the Enlarged Agreement establishing the European Commission for Democracy through Law

Decision

The Deputies agreed to the request by Mexico to join the Enlarged Agreement establishing the European Commission for Democracy through Law (Venice Commission) and invited Mexico to appoint a member to sit on the Commission.

Item 10.2

Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 17th meeting (Strasbourg, 17-18 November 2009)
(CM(2009)188)

Decision

The Deputies took note of the abridged report of the 17th meeting of the Committee of Experts on Terrorism (CODEXTER), as it appears in document CM(2009)188.

Appendix 1
(Item 1.1)

1076 Meeting of the Ministers' Deputies
(Strasbourg, 3 (10 a.m.) and 4 (10 a.m. – 1 p.m.) February 2010)


Agenda

1. General questions

1.1 Adoption of the agenda

      (CM/Del/OJ(2010)1076)

1.2 Preparation of forthcoming meetings

      (CM/Notes/1076/1.2 of 2.2.2010)

1.3 Dialogue with the Secretary General and the Deputy Secretary General

      (SG/Com(2010)1076)

1.4 Report of the Bureau

      (CM/Bur/Del(2010)5)

1.5 Conferences of Specialised Ministers – State of preparation

      (CM/Inf(2010)2)
      (CM/Notes/1076/1.5 of 22.1.2010)

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia

a. Exchange of views with Mr Temur Yakobashvili, Minister for Reintegration Issues of Georgia

b. “Humanitarian consequences of the war between Georgia and Russia: follow-up given to Resolution 1648 (2009)” – Parliamentary Assembly Recommendation 1869 (2009)

      (CM(2008)150 rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7,
      CM(2009)PV prov, CM(2009)PV add1, CM(2009)PV add2, SG/Inf(2009)10, SG/Inf(2009)5 add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15 fin, SG/Inf(2009)5 add2, Parliamentary Assembly REC_1846 (2008) and CM/AS(2009)Rec1846 fin, Parliamentary Assembly REC_1857 (2009) and CM/AS(2009)Rec1857 fin, CM(2009)164, Parliamentary Assembly REC_1869 (2009) and CM/AS(2010)Rec1869 prov, CM/Inf(2010)3 and DD(2010)49)

      (CM/Notes/1076/2.1 of 28.1.2010)

2.1bis Current political questions

2.2 Situation in Cyprus

2.3 16th Session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (16-17 November 2009, Utrecht, Netherlands) – Report by the Secretary General
(Item prepared by the GR-DEM on 12.1.2010)

      (CM(2010)3, GR-DEM(2010)CB1 and DD(2010)44)
      (CM/Notes/1076/2.3 of 22.1.2010)

2.4 Monitoring Group (GT-SUIVI.AGO) – Report on a visit by a delegation of the Ago Group to Armenia and Azerbaijan (20-25 November 2009)

      (CM(2009)180)
      (CM/Notes/1076/2.4 of 25.1.2010)

3. Parliamentary Assembly

3.1 1st Part of the 2010 Session (Strasbourg, 25-29 January 2010)

a. Communication by the Secretary General of the Parliamentary Assembly on the 1st Part of the 2010 Session and other Assembly activities

b. Communication by the Chairperson of the Committee of Ministers and replies to parliamentary questions (25 January 2010)

      (SG/AS(2010)2, CM/AS(2010)1 and CM/AS(2010)2 and AS(2010)CR2)
      (CM/Notes/1076/3.1 of 26.1.2010)

3.2 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 579 by Mrs Taktakishvili: “The publication of CPT's reports”

      (CM/AS(2010)Quest579)
      (CM/Notes/1076/3.2a of 21.1.2010)

b. Written Question No. 577 by Mrs Acketoft: “Swiss ban on minarets”

      (CM/Del/Dec(2010)1075/3.1c and CM/AS(2010)Quest577)
      (CM/Notes/1076/3.2b of 29.1.2010)

4. Human rights

4.1 United Nations –
Exchange of views (human rights questions) with experts from capitals (4 February 2010)

      (CM/Del/Dec(2010)1074/4.1, CM/Inf(2010)4, CM/Inf(2010)5 and DD(2010)26)

4.2 Council of Europe Commissioner for Human Rights –
Presentation of the 4th quarterly activity report 2009 (1 October to 31 December 2009)

      (CommDH(2010)2)

4.3 European Court of Human Rights –
Advisory opinion on certain legal questions concerning the lists of candidates submitted with a view to the election of judges to the European Court of Human Rights (No. 2) (22 January 2010)

      (CM/Del/Dec(2009)1063/4.5 and European Court’s Advisory Opinion of 22 January 2010)
      (CM/Notes/1076/4.3 of 29.1.2010)

6. Social cohesion

6.1 European Committee on Migration (CDMG) –
Draft terms of reference of the Ad hoc Advisory Group on reducing the risk of vulnerability of elderly migrants and improving their welfare (MG-S-MA)
(Item to be prepared by the GR-SOC on 23.2.2010)

      (CM(2009)202)

(Item postponed)

6.2 European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) – Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states on community living and deinstitutionalisation of children with disabilities
(Item prepared by the GR-SOC on 19.1.2010)

      (CM(2009)198)
      (CM/Notes/1076/6.2 of 22.1.2010)

6.3 European Health Committee (CDSP) –
Abridged report of the 62nd meeting (Strasbourg, 13-15 October 2009)
(Item prepared by the GR-SOC on 19.1.2010)

      (CM(2009)182)
      (CM/Notes/1076/6.3 of 22.1.2010)

6.4 European Committee for Social Cohesion (CDCS) –
Draft terms of reference of the Ad hoc Advisory Group on children’s rights and social services
(CS-S-CRS)
(Item prepared by the GR-SOC on 19.1.2010)

      (CM(2009)199)
      (CM/Notes/1076/6.4 of 22.1.2010)

6.5 European Directorate for the Quality of Medicines (EDQM)

a. European Committee (Partial Agreement) on blood transfusion (CD-P-TS)

      i. Abridged report of the 5th meeting (Amsterdam, 5-6 November 2009)

      ii. Draft terms of reference of the CD-P-TS

      (CM(2009)203)

b. European Committee (Partial Agreement) on organ transplantation (CD-P-TO)

      i. Abridged report of the 5th meeting (Berlin, 2-3 October 2009)

      ii. Draft terms of reference of the CD-P-TO

      (CM(2009)204)

    (Item prepared by the GR-SOC on 19.1.2010)

      (CM/Notes/1076/6.5 of 22.1.2010)

6.6 “Equality and diversity in local authority employment and service provision” –
Recommendation 262 (2009) of the Congress of Local and Regional Authorities of the Council of Europe
(Item prepared by the GR-SOC on 19.1.2010)

      (Congress REC_262 (2009), CM/Cong(2009)Rec262 prov and CM/Cong(2010)Rec262 provadd)
      (CM/Notes/1076/6.6 of 22.1.2010)

8. Youth and sport

8.1 Partial Agreement on the Youth Card

a. Proposal to change the name of the Partial Agreement

b. Appointment of eight governmental members of the Board of Co-ordination

      (Resolution ResAP(2003)1 and CM(2010)8)
      (CM/Notes/1076/8.1 of 14.1.2010)

10. Legal questions

10.1 European Commission for Democracy through Law (Venice Commission) –
Request from the Government of Mexico for membership of the Enlarged Agreement establishing the European Commission for Democracy through Law


      (CM/Notes/1076/10.1 of 13.1.2010)

10.2 Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 17th meeting (Strasbourg, 17-18 November 2009)
(Item prepared by the GR-J on 14.1.2010)

      (CM(2009)188)
      (CM/Notes/1076/10.2 of 15.1.2010)

13. Other business

13.1 High-level Conference on the future of the European Court of Human Rights (Interlaken, 18-19 February 2010) – Statement by the European Union

Appendix 2
(Item 1.2)

1079 Meeting of the Ministers' Deputies
(Strasbourg, 10 (10 a.m.) March 2010)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 10 February 2010
Notes: 26 February 2010

1. General questions

1.1 Adoption of the agenda

      (CM/Del/OJ(2010)1079)

1.2 Preparation of forthcoming meetings

1.3 Dialogue with the Secretary General and the Deputy Secretary General

(SG/Com(2010)1079)

1.4 Report of the Bureau

1.5 Conferences of Specialised Ministers – State of preparation


      (CM/Notes/1079/1.5 of …)

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia

2.1bis Current political questions

a. Activities for the development and consolidation of democratic stability

(Item to be prepared by the GR-DEM on 25.2.2010)

      (CM/Notes/1079/2.1bis of …)

    b. Other questions

2.2 Situation in Cyprus

2.3 Exchange of views with Mr Sven Alkalaj, Minister for Foreign Affairs of Bosnia and Herzegovina

2.4 11th meeting of the Co-ordination Group between the Council of Europe and the OSCE
(Strasbourg, 1 March 2010) – Follow-up

      (CM/Notes/1079/2.4 of …)

2.5 High-level “2 +2” meeting between the Council of Europe and the OSCE
(Geneva, 5 March 2010) – Follow-up

      (CM/Notes/1079/2.5 of …)

6. Social cohesion

6.1 European Health Committee (CDSP) –
Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states on good governance in health care systems and Explanatory Report
(Item to be prepared by the GR-SOC on 23.2.2010)

      (CM(2010)14 and CM(2010)14 add)
      (CM/Notes/1079/6.1 of …)

10. Legal questions

10.1 “Private military and security firms and the erosion of the state monopoly on the use of force” – Parliamentary Assembly Recommendation 1858 (2009)
(Item to be prepared by the GR-J on 23.2.2010)

      (Parliamentary Assembly Recommendation REC_1858 (2009) and CM/AS(2010)Rec1858 prov)
      (CM/Notes/1079/10.1 of …)

10.2 Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) (T-PD) –
Abridged report of the 25th meeting (Strasbourg, 2-4 September 2009)
(Item to be prepared by the GR-J on 23.2.2010)

      (CM(2009)189)
      (CM/Notes/1079/10.2 of …)

10.3 European Charter for Regional or Minority Languages –
Fourth report of the Committee of Experts in respect of Norway

(Item to be prepared by the GR-J on 23.2.2010)

      (CM(2010)13)
      (CM/Notes/1079/10.3 of …)

10.4 European Commission for the Efficiency of Justice (CEPEJ)

a. Abridged report of the 14th plenary meeting (Strasbourg, 9-10 December 2009)

(CM(2010)11)

b. 2010 Programme of Activities

(CM(2010)11 add1)

c. Medium-term Programme of Activities

(CM(2010)11 add2)

d. Guidelines for a better implementation of Recommendation Rec(2003)17 of the Committee of Ministers to member states on enforcement

(CM(2010)11 add3)

(Item to be prepared by the GR-J on 23.2.2010)

      (CM/Notes/1079/10.4 of …)

10.5 “Ban on cluster munitions” – Parliamentary Assembly Recommendation 1871 (2009)
(Item to be prepared by the GR-J on 23.2.2010)

      (Parliamentary Assembly Recommendation REC_1871 (2009) and CM/AS(2010)Rec1871 prov)
      (CM/Notes/1079/10.5 of …)

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 Preparation of the 18th Plenary Session of the Congress (Strasbourg, 17-19 March 2010) and other Congress activities – Communication by the Secretary General ad interim of the Congress

13. Any other business

Appendix 3
(Item 1.2)

1080 Meeting of the Ministers' Deputies
(Strasbourg, 24 (10 a.m.) March 2010)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 24 February 2010
Notes: 12 March 2010

1. General questions

1.1 Adoption of the agenda

      (CM/Del/OJ(2010)1080)

1.2 Preparation of forthcoming meetings

      (CM/Notes/1080/1.2 of …)

1.3 Dialogue with the Secretary General and the Deputy Secretary General

(SG/Com(2010)1080)

1.4 Report of the Bureau

      (CM/Bur/Del(2010)..)

1.5 120th Session of the Committee of Ministers (Strasbourg, 11 May 2010) – Preparation

      (CM/Notes/1080/1.5 of …)

1.6 Rules and procedures for the future elections of the Secretary General –
Draft joint interpretative statement

      (CM/Del/Dec(2009)1073/1.6, CM/Del/Dec(2010)1074/1.7 and CM(2009)195 rev)
      (CM/Notes/1080/1.6 of …)

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia

2.1bis Current political questions

a. Activities for the development and consolidation of democratic stability

(Item to be prepared by the GR-DEM on 9.3.2010)

      (CM/Notes/1080/2.1bis of …)

    b. Other questions

2.2 Situation in Cyprus

2.3 30th quadripartite meeting between the Council of Europe and the European Union
(Brussels, 23 March 2010) – Follow-up

      (CM/Inf(2010)…)
      (CM/Notes/1080/2.3 of …)

3. Parliamentary Assembly

3.1 Standing Committee (Paris, 12 March 2010)

a. Communication of the Secretary General of the Parliamentary Assembly on the Standing Committee (Paris, 12 March 2010) and other Assembly activities

      (SG/AS(2010)..)


b. Adopted texts

      (2010 Session (Provisional compendium of texts adopted))
      (CM/Notes/1080/3.1 of …)

4. Human rights

4.1 European Commission against Racism and Intolerance (ECRI) –
Nomination of a member of ECRI in respect of Sweden
(Item to be prepared by the GR-H on 23.3.2010)

      (CM/Notes/1080/4.1 of …)

11. Administration and logistics

11.1 Unpaid contributions and related interest charges at 31 December 2009
(Item to be prepared by the GR-PBA on 9.3.2010)

      (CM(2010)12)
      (CM/Notes/1080/11.1 of …)

13. Any other business

Appendix 4
(Item 1.2)

1081 Meeting of the Ministers' Deputies
(Strasbourg, 31 (10 a.m.) March 2010)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 3 March 2010
Notes: 19 March 2010

1. General questions

1.1 Adoption of the agenda

      (CM/Del/OJ(2010)1081)

1.2 Preparation of forthcoming meetings

1.3 Dialogue with the Secretary General and the Deputy Secretary General

(SG/Com(2010)1081)

1.4 Report of the Bureau

1.5 120th Session of the Committee of Ministers (Strasbourg, 11 May 2010) – Preparation

      (CM/Notes/1081/1.5 of …)

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia

2.1bis Current political questions

2.2 Situation in Cyprus

5. Media

5.1 “The regulation of audiovisual media services” –
Parliamentary Assembly Recommendation 1855 (2009)
(Item to be prepared by the GR-H on 23.3.2010)

      (Parliamentary Assembly REC_1855 (2009) and CM/AS(2010)Rec1855 prov2)
      (CM/Notes/1081/5.1 of …)

6. Social cohesion

6.1 “Europe’s “boat-people”: mixed migration flows by sea into southern Europe” –
Parliamentary Assembly Recommendation 1850 (2008)
(Item to be prepared by the GR-SOC on 23.2.2010 and by the GR-H on 23.3.2010)

      (Parliamentary Assembly Recommendation REC_1850 (2008) and CM/AS(2010)Rec1850
      prov2 of …)
      (CM/Notes/1081/6.1 of …)

10. Legal questions

10.1 Group of States against Corruption (GRECO)

a. Exchange of views with the President of GRECO

b. Presentation of the general activity report for 2009


      (CM(2010)…)
      (CM/Notes/1081/10.1 of …)

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 18th Plenary Session of the Congress (Strasbourg, 17-19 March 2010) – Adopted texts

      (Compendium of adopted texts)
      (CM/Notes/1081/12.1 of …)

13. Any other business

Appendix 5
(Item 2.1b)

Reply to Parliamentary Assembly Recommendation 1869 (2009) on the
“Humanitarian consequences of the war between Georgia and Russia: follow-up given to Resolution 1648 (2009)”

(Adopted by the Committee of Ministers on 3 February 2010
at the 1076th meeting of the Ministers' Deputies)

1. The Committee of Ministers first of all refers to its replies to Parliamentary Assembly Recommendations 1846 (2008) and 1857 (2009), in which it clearly stated that the international community in general, and the Council of Europe in particular, had an important role to play in order to protect and promote human rights and humanitarian law following the conflict in August 2008. The Chairperson of the Committee of Ministers, Ms Calmy-Rey, has reiterated this and expressed the Council of Europe’s readiness to fulfil this role during her visit to Georgia on 16 and 17 January 2010. The Committee will continue to give particular attention to this question.

2. With regard to contacts with the other international organisations referred to in the Assembly’s recommendation, the Committee of Ministers would point out that the question of the aftermath of the August 2008 conflict has been on the agenda of all the Council of Europe/European Union quadripartite meetings held since those events, and of the last “2+2” meeting between the Council of Europe and the OSCE, held in September 2008. These contacts at the highest political level will be maintained in order to optimise co-ordination of the Council’s efforts with those of the international community. It is in the same spirit that the Secretary General’s regular reports on the human rights situation in the areas affected by the conflict have been forwarded to all interested international bodies.

3. An overview of the Council’s own action in this context was presented at the handover meeting of the chairmanship of the Committee of Ministers from Slovenia to Switzerland on 18 November 2009, based on a report prepared by the outgoing Chairman. On that occasion, the Secretary General stated his intention to propose a new approach to give greater prominence to this action. The Assembly will be kept informed in good time of any decisions taken by the Committee of Ministers in this connection once it has received the Secretary General’s proposals.

4. As the Parliamentary Assembly is aware, the Committee of Ministers attaches great importance to and fully supports the activities of the Commissioner for Human Rights in the areas affect by the conflict. The Committee is ready to consider any request for additional support that it may receive from the Commissioner in this context.

5. The Committee of Ministers believes it essential to strengthen dialogue in order to establish trust between the parties to the conflict. The Council of Europe has already taken a number of initiatives to this effect, in particular by organising meetings between representatives of Russian and Georgian civil society and youth organisations. Nonetheless, more could be done. Particular attention will be focused on stepping up this action when the Committee of Ministers considers the proposals to be submitted by the Secretary General referred to above.

6. With regard to support for civil society in order to promote a strong human rights culture in the areas affected by the conflict, the Committee of Ministers agrees that this too is a question that warrants its attention. Nevertheless, in this matter as in all cases of assistance on the ground, the Council’s ability to take action will depend, as the Parliamentary Assembly is aware, on the possibility or lack thereof of access to the areas in question in order to provide assistance to those who need it. In this respect, the Committee can only reiterate its appeal to all the parties involved to facilitate such access. The Chairperson of the Committee of Ministers, Ms Calmy-Rey, reiterated the importance of access on the ground during her visit to Georgia on 16 and 17 January last.

Appendix 6
(Item 6.2)

Recommendation CM/Rec(2010)2
of the Committee of Ministers to member states
on deinstitutionalisation and community living of children with disabilities

(Adopted by the Committee of Ministers on 3 February 2010
at the 1076th 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 Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005) and the commitment to fully comply with the obligations of the United Nations Convention on the Rights of the Child, to effectively promote the rights of the child and to take specific action to eradicate all forms of violence against children, as well as the consolidation of the Council of Europe’s work on disability issues and the support to its work on equity of access to care of appropriate quality and services which meet the needs of the population;

Taking into account the work of the Council of Europe in the field of childhood, family and disability policies and the following legal instruments:

- the Convention on Human Rights and Fundamental Freedoms (ETS No. 5), which protects the rights of everyone, including children;
- the revised European Social Charter (ETS No. 163), which guarantees, in particular, the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15); the right of the family to appropriate social, legal and economic protection (Article 16); the right of children and young persons to grow up in an environment that encourages the full development of their personality and of their physical and mental capacities (Article 17);
- 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);
- the Convention on Contact concerning Children (ETS No. 192);

Bearing in mind Committee of Ministers’ Recommendation Rec(2006)5 on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015, which is designed to make decisive progress in ensuring equal rights for people with disabilities and promotes a human rights based, anti-discriminatory approach to improving the lives of all people with disabilities, including children and those with enduring and/or complex needs;

Recalling the Revised Strategy for Social Cohesion (2004), which gives particular attention to the groups at risk of becoming vulnerable and supports an inclusive approach, underlining the active reintegration of citizens and vulnerable groups;

Referring to the “Report of the High-Level Task Force on Social Cohesion in the 21st century” (2007), which attaches a fundamental role to human rights as the cornerstone for cohesive societies along with human dignity and recognition, with particular attention to the interests of vulnerable or potentially vulnerable groups;

Recalling the “Building a Europe for and with children” 2009-2011 Strategy, which pursues and enhances the Council of Europe’s commitment to children’s rights and the eradication of violence against children, with special focus on particularly vulnerable children, without parental care and/or with disabilities;

Taking into account other resolutions and recommendations of the Committee of Ministers, notably:

- Resolution (77) 33 on placement of children, which stresses that placement should be avoided as far as possible through preventive measures of support to families in accordance with their special problems and needs;
- 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 (94) 14 on coherent and integrated family policies;
- Recommendation No. R (98) 8 on children’s participation in family and social life;
- Resolution ResAP(2005)1 on safeguarding adults and children with disabilities against abuse;
- Recommendation Rec(2005)5 on the rights of children living in residential institutions;
- Recommendation Rec(2006)19 on policy to support positive parenting, which asks public authorities to create the necessary conditions to implement a better reconciliation of family and working life through legal and other provisions, particularly for looking after children with disabilities as well as sick children;

Stressing the importance of the following United Nations conventions:

- Convention on the Rights of the Child (1989) to which all the member states of the Council of Europe are parties, and the basic principles of this convention should always underlie the upbringing of children;
- Convention on the Rights of Persons with Disabilities (2006) stressing the right of children with disabilities to be treated on an equal basis with other children, especially where they face additional disadvantages, including the right to express themselves on matters of concern to them, and the essential need for fully accessible services. States are urged to conduct public awareness campaigns that “nurture receptiveness” to the inclusion of disabled children and to collective responsibility for upholding their right to a life within the community;

Recalling Parliamentary Assembly recommendations, particularly Recommendation 1666 (2004) on “A Europe-wide ban on corporal punishment of children”; Recommendations 1601 (2003) on “Improving the lot of abandoned children in institutions” and 1698 (2005) on “The rights of children in institutions: follow-up to Recommendation 1601 (2003)”;

Referring to the Declaration of the European Ministers responsible for Family Affairs at their 28th session (Lisbon, Portugal, 2006), which underlines the necessity to adopt programmes aimed at providing appropriate support for families with children with disabilities;

Bearing in mind that, as provided in the different international legal instruments of the Council of Europe, as well as in Article 3 of the United Nations Convention on the Rights of the Child, the best interests of the child shall be a primary consideration;

Recalling that children are persons with rights, including the right to be protected and to participate, to express their views, to be heard and be heeded;

Being aware of the fact that placing children in institutionalised forms of care raises serious concerns as to its compatibility with the exercise of children’s rights;

Recognising the need for major changes in perceptions of people with disabilities and also for major changes to bring about non-discriminatory and inclusive practices;

Noting the need for a cross-sectoral and co-ordinated approach at all levels of government,

Recommends that the governments of member states take all appropriate legislative, administrative and other measures adhering to the principles set out in the appendix to this recommendation in order to replace institutional provision with community-based services within a reasonable timeframe and through a comprehensive approach.

Appendix to Recommendation CM/Rec(2010)2

I. General framework and basic principles

1. To succeed in promoting the deinstitutionalisation of children with disabilities and their life in the community, the following basic principles enshrined in international legal instruments should be taken into account:

1.1. all children have rights, hence disabled children have the same rights to family life, education, health, social care and vocational training as all children; long-term planning involving all stakeholders will be needed to ensure that children with disabilities are able to exercise the same rights as other children and to access social rights on the same basis as other children;

1.2. all disabled children should live with their own family, which is the natural environment for the growth and well-being of a child, unless there are exceptional circumstances which prevent this;

1.3. parents have the primary responsibility for the upbringing and development of the child; they should choose how to meet their child’s needs as long as their decisions are informed by, and seen to be in, the child’s best interests;

1.4. in all actions concerning children the best interests of the child take precedence over other considerations and this principle should be upheld in relation to children with disabilities;

1.5. if a family or a service fails to work in a disabled child’s best interests, or if a disabled child is being abused or neglected, the state, acting through its public agencies and within general child protection frameworks, should intervene to protect the child and make sure that his or her needs are met; in these exceptional circumstances, if care is to be provided outside the family, such care should be welcoming, well regulated and designed to maintain family ties;

1.6. the state has a responsibility to support families so that they can bring up their disabled child at home and, in particular, to create the necessary conditions to implement a better reconciliation of family and working life: the state should therefore finance and make available a range of high-quality services from which the families of children with disabilities can choose assistance adapted to their needs.

II. Deinstitutionalisation and the transitional process at national level

2. Deinstitutionalisation requires a number of general actions to support the strategic approach at national level involving all stakeholders. Deinstitutionalisation being a long-term process, a well-planned and structured transition process is necessary. The planning should involve government representatives covering all policy areas that affect the lives of children with disabilities. The following are important aspects that should be taken into account:

2.1. a national, multidisciplinary system for identifying and assessing abilities and needs;

2.2. mutual support programmes for parents;

2.3. provision of various services (support for families, psychosocial support, financial support, educational support, pedagogical support, etc.);

2.4. appropriate consideration of the individual needs of children and their families;

2.5. availability of various measures to allow families to take a break and thus to prevent crises;

2.6. continuity of services and planning of periods of transition (childhood to adolescence, pre-school to school, school to adulthood);

2.7. promoting and supporting active involvement in, and ownership of, the situation by families.

3. Building of new institutions should be discouraged by refusing to approve and fund proposals for this type of project.

4. Public authority action, strategic planning and co-ordination at national, regional and local levels in the context of the deinstitutionalisation process should include the following four main strategies:

a. the prevention of institutionalisation;
b. the prevention of any prolongation of an initially foreseen short-term stay in an institution;
c. the deinstitutionalisation of those who are currently in institutions;
d. the creation of community-based services.

5. Deinstitutionalisation should be considered as an ongoing process that is constantly reviewed and there is a need to be vigilant in order to avoid returning to institutionalisation.

6. Transition from institutional to community-based services should be managed, anticipating resistance to change, challenging prejudices and removing barriers. During this period, services may be run in parallel.

7. While the transition is taking place, the commitment to children’s rights applies equally to children who currently live in institutions, or in other types of care. Their successful social integration or reintegration should happen as soon as possible and their situation should be subject to periodic review with regard to the child’s best interests; the child’s parents should be supported as much as possible with a view to harmoniously reintegrating the child into the family and society.

8. Specific legislation mandating the authorities responsible for creating new networks of community-based care provision and setting a deadline at which point the admission of children to institutionalised forms of care will cease should be adopted. Where appropriate, links should be made to policies addressing poverty and the reduction of social exclusion. Measures taken to improve the governance of social services and non-governmental organisations (NGOs) working in the social care field should also be taken into account.

9. All new legislation, policy and guidance should be co-ordinated to ensure that they are applied equitably on behalf of disabled children, and that a commitment to disabled children is implicit in all legislation and government protocols. For this purpose, it would be relevant to appoint, or strengthen, the role of a children’s ombudsman or commissioner. Where required, a timescale for legislative change with precise objectives and milestones against which progress can be monitored should be set up.

10. Organisations of parents and NGOs representing them should be included in the development of community-based services and their expertise should be used throughout the process of transition.

11. Funding should be allocated at national level and sought from international bodies, in order to facilitate and maintain the momentum of this process. Countries that experience difficulties should be able to ask the international community to share their knowledge on the subject or to ask them for other forms of support.

III. Alternatives to institutional forms of care

12. In exceptional cases (for example, where there has been abuse or neglect), when a child cannot live in his or her own family or a foster family, small, homely settings, that are as near to a family environment as possible, should be provided as an alternative to institutionalised forms of care.

IV. Actions as a prerequisite for the main strategies

13. Actions as a prerequisite for the main strategies are decisive for the success of the measures taken in a reform process and should:

13.1. assess each child’s specific needs, on a regular basis, in order to design individualised programmes to ensure his or her social inclusion. Community-based services should respond to the needs identified;

13.2. assist those who may be in danger of being placed in an institution and find alternative solutions;

13.3. provide a strong legal base and quality standards for service provision; the quality of service provision should be regularly reviewed or assessed;

13.4. assess the existing services and the needs of all other stakeholders, such as service providers, families, etc.;

14. Adequate human and financial resourcing and continuing staff training as well as raising public awareness of the special needs of children with disabilities are equally important.

15. Funds should be allocated to research, monitoring and evaluation. An authoritative overview of the country’s provision for children with disabilities and of those who remain in institutional settings, together with an audit of the community-based provision in place would be the first step in developing a research infrastructure. Aspects of community provision which need to be strengthened can be evaluated by mapping the needs of disabled children and their families and by learning about the pressures which lead families to seek placements away from home.

a. Prevention of institutionalisation

16. The creation of new institutions and new placements of children with disabilities in institutions should be prevented. For this reason, preventive measures of support for children and families in accordance with their special needs should be provided as early as possible.

17. Measures for the prevention of institutionalisation should include regular assessment and review of children’s needs (once or twice a year), the establishment of individualised development plans and the implementation of quality standards for service provision.

b. Prevention of the prolongation of an initially anticipated short-term stay

18. Measures should be taken to avoid any unnecessary prolongation of an initially foreseen short-term stay in an institution. Short-term stays should remain exceptional, be adequately reviewed and should not lead to institutionalisation. In general, the measures for the prevention of institutionalisation are also applicable to this situation.

c. Deinstitutionalisation of those currently in institutions

19. Children have a right to regular reviews and reassessment of their placement in institutions so that they can be offered appropriate community services.

d. Creation of community-based services

20. A national action plan and a timetable should be drawn up to phase out institutional placements and replace these forms of care with a comprehensive network of community provision. Community-based services should be developed and integrated with other elements of comprehensive programmes to allow children with disabilities to live in the community.

21. An access mechanism should be put in place, in line with an assessment of needs, in order to direct families towards community-based provision and support.

22. Top priority should be given to funding and developing a range of community-based services for disabled children and their families with the aim of preventing children from being placed in institutions via:

22.1. timely and sensitive assessment of abilities and needs;

22.2. well co-ordinated health and social care;

22.3. early intervention programmes;

22.4. a range of options for mainstream and specialised education.

23. Some children with disabilities may need more intensive or more specialised service provision in order to meet their complex needs, but this should be seen as a spur to the development of high quality community-based support services and not as a barrier to their inclusion in ordinary settings.

24. A comprehensive family support system (including financial support to compensate for any additional costs incurred as a result of the child’s disability, alongside a range of day-to-day support such as day care centres) should enable families to live a life which offers the same opportunities as families who do not have a disabled child. Services providing some respite and expert advice and counselling should be available for the disabled child’s parents, siblings and carers, while at the same time offering developmental opportunities for the child.

V. Mainstreaming

25. Measures to uphold the interests of children with disabilities across all relevant policy domains should be taken. The interests and needs of children with disabilities should be addressed in the work of all ministries and other responsible bodies in line with the concept of mainstreaming or sector responsibility. At national level, there should also be coherent policies supporting the deinstitutionalisation approach across ministries (including in relation to workforce planning and support for training) in order to ensure that specialist expertise is developed, accredited and used appropriately. At regional or local government level, transparent policies for commissioning services on a statutory, voluntary or independent basis should be adopted.

26. Services for children with disabilities should be provided primarily in mainstream settings. Mainstreaming or sector responsibility should be viewed as the norm and not the exception. Agencies working with children should be helped to build their competence and capacity so that they can meet the needs of children with disabilities on an equitable basis.

27. The community should be involved and made aware of its responsibilities and obligations towards children with disabilities.

28. In future, mainstream services, including day care centres, pre-school set-ups, places of worship, schools and leisure services should be required to accept children with disabilities and make available the necessary support to aid their inclusion and participation. Wherever possible, children with disabilities should be educated − in all phases of their schooling − within the schools used by other children and receive the support required to facilitate their effective education or vocational training within the mainstream systems. Where special schools or units are deemed necessary or appropriate, these should be linked to ordinary schools, be helped to build bridges and be open to their local communities.

29. Likewise, health care should be provided by mainstream health-care professionals in ordinary clinics, surgeries and hospitals. When specialist interventions are needed, the preferred option should be for these to be made available locally. Assessments and expert consultations can often be carried out in the disabled children’s normal environment, thereby cutting out the need for them to travel long distances and maximising the relevance of any advice offered.

30. One advantage of mainstreaming is that it allows children with disabilities to become more integrated into their local communities and to get to know other children, who in turn learn how to relate to them and see them as children first and foremost. Another advantage is that the care, services and support made available to children with disabilities can be evaluated using criteria that are relevant for all children.

31. All services should be designed and offered in ways that support family ties and foster good relationships between players, whether professional or not.

32. Mainstream professionals in education, health and social care services should receive additional training and assistance from local centres of excellence to equip them to work with children with disabilities, and to support their work with specific individual children. These services should incorporate a range of personalised support to assist disabled children so that they can aim for the same kind of life and aspirations as their peer group, as they are entitled to growing independence, autonomy, age-appropriate possessions, and assistive technology, especially with regard to mobility and communication, in accordance with their needs.

33. The principles of inclusion and universal design in relation to all public facilities designed for children and all publicly-funded housing and neighbourhood projects should be adopted. Transport systems in particular should be accessible to all children and adults. Co-ordination and quality in service provision should be ensured.

34. Mainstreaming or sector responsibility requires health, education and social care agencies to take children with disabilities into account in all their planning and service delivery from their inception.

VI. Co-ordination and quality in service provision

35. Some children with disabilities need intensive support in a number of domains: health or social care, educational development, technical assistance, psychological support, and help in decision making and in managing everyday life. They require assistance in building or sustaining social networks and in overcoming isolation or social exclusion. Expert co-ordination between professions and agencies should be foreseen, particularly for disabled children who need considerable support and constant assistance.

36. To achieve the right balance of general and expert assistance, centres of excellence, encouraging partnerships between service providers, NGOs, research and teaching institutes should be established and properly resourced in order to:

36.1. pool existing expertise on severe, complex or rare disorders and disabilities, including challenging needs;

36.2. support regular providers of education, health care and social care so that they can set up and implement specialised support programmes;

36.3. enhance work with multidisciplinary partners;

36.4. disseminate research and develop the evidence base for practice, through the work of national and international centres of excellence and university affiliated programmes;

36.5. provide, or facilitate, access to advice, information, counselling and multidisciplinary specialist health-care services for children with disabilities, and their families.

37. At regional level, agencies and professions should work closely together. A special register should be kept to identify those children and families in need of support and this information should be standardised to allow information to be aggregated at regional and national level. This data should be stored in a format that allows it to be accessed in the context of international comparisons and research, subject to appropriate data protection protocols.

VII. Children with disabilities and their families as stakeholders in the process of service development

38. It is essential to change the way in which services to children with disabilities and their families are developed and provided by involving them in the process. Children with disabilities should have a say in the way that they are treated and, as they grow up, they should be allowed to shape their own future.

39. Young people with disabilities should increasingly be encouraged to make decisions for themselves and take control of their day-to-day lives. Close relatives should be involved in their own right, and they should be allowed to influence the development of the services they will be using.

Appendix 7
(Item 6.4)

Terms of reference of the Ad hoc Advisory Group on children’s rights and social services (CS-S-CRS)

Fact sheet

Name of Committee:

Ad hoc Advisory Group on children’s rights and social services (CS-S-CRS)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: Project(s)

2010/DG3/2317 – Children’s rights and social services

Project relevance:

Chapter III. 2 of the Third Summit Action Plan: “Building a Europe for children”. The Advisory Group will play a part in promoting the rights and protection of the child.

Political justification/framework :

The Advisory Group will contribute to a core mission of the Council of Europe: promoting children’s rights and social services for children and families.

It will contribute to implementing in the member states the UN Convention on the Rights of the Child and the legal instruments of the Council of Europe concerning child rights, eradication of all forms of violence against children, support of positive parenting, children and families’ participation, and in particular the European Convention on Human Rights, the revised European Social Charter, the European Convention on the Exercise of Children’s Rights, as well as relevant recommendations of the Committee of Ministers, Parliamentary Assembly, Congress of Local and Regional Authorities of the Council of Europe and Commissioner for Human Rights.

Its work will tie in with the Revised Strategy for Social Cohesion, the report of the High-Level Task Force on Social Cohesion “Towards an active, fair and socially cohesive Europe”, the Strategy on the Rights of the Child (2009-2011) as well as with policy guidelines for the design and implementation of integrated models of social services (2006).

The Advisory Group will help member states to adapt and further develop social services, taking into account the rights, opinions and needs of children and families in the best interest of the child. Social services should be child and family-friendly. Particular attention will be paid to children and families in difficulty who need special support and protection. The effective contribution of social services to preventing situations of risk and social reintegration of these vulnerable categories will be sought.

Project added value:

The Advisory Group will be the first to examine obstacles to the work of social services with children and families, particularly children and families in difficulty. It will draft recommendations or guidelines on how to adapt social services to better take into account the needs of children and families. It will fulfil this task on the basis of a multidisciplinary approach, by common efforts of specialists from different sectors. With the specialists on social protection and social services as the hard core, representatives of education, health and justice will also participate in order to enrich the results and avoid a duplication of efforts. The Group will co-operate with other Council of Europe structures, in particular the Congress of Local and Regional Authorities of the Council of Europe, the European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH), the Committee of Experts on child-friendly health care (SP-CFH), the Group of Specialists on child-friendly justice (CJ-S-CH) and INGOs.

Financial information:

Annual budget 2010:

Number of meetings per year: 2 two-days meetings

Meetings: €34 000
Interpretation: €8 000
Translation and production of documents: €8 000
Total annual budget: €50 000

Estimated annual budget 2011:

Number of meetings per year: 2 two-days meetings

Meetings: €34 000
Interpretation: €8 000
Translation and production of documents: €8 000
Total annual budget: €50 000

Terms of reference of the Ad hoc Advisory Group on children’s rights and social services (CS-S-CRS)

1.

Name of Committee:

Ad hoc Advisory Group on children’s rights and social services (CS-S-CRS)

2.

Type of Committee:

Ad hoc Advisory Group

3.

Source of terms of reference:

Committee of Ministers upon the proposal of the European Committee for Social Cohesion (CDCS)

4.

Terms of reference:

 

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods (adopted by the Committee of Ministers on 14 December 2005);

-

the Warsaw Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, May 2005), notably the renewed commitment to the UN Convention on the Rights of the Child and in particular chapter III. 2 “Building a Europe for children”;

-

the Final Communiqué of the 29th Session of the Council of Europe Conference of Ministers responsible for Family Affairs (Vienna, 16-17 June 2009);

-

the report of the High-Level Task Force on Social Cohesion “Towards an active, fair and socially cohesive Europe”, Chapter 2 “Socially cohesive Europe: Main challenges” (submitted to the Committee of Ministers on 12 December 2007);

-

the following recommendations of the Committee of Ministers: Rec(2002)8 on child day-care, Rec(2005)5 on the rights of children living in residential institutions, Rec(2006)19 on policy to support positive parenting, CM/Rec(2010)2 of the Committee of Ministers to member states on community living and deinstitutionalisation of children with disabilities;

-

the recommendations of the Parliamentary Assembly, in particular 1778 (2007) “Child victims: stamping out all forms of violence, exploitation and abuse” and 1864 (2008) “Promoting the participation by children in decisions affecting them”;

-

the recommendations of the Congress of Local and Regional Authorities of the Council of Europe, in particular 53 (1999) “Policies for deprived children/adolescents and families” and 272 (2009) “Preventing violence against children”;

-

the revised Strategy for Social Cohesion, approved by the Committee of Ministers on 31 March 2004;

-

the Strategy on the Rights of the Child (2009-2011), approved by the Committee of Ministers on 27 November 2008;

-

the Council of Europe Policy Guidelines on integrated national strategies on the protection of children against violence (adopted by the Committee of Ministers on 18 November 2009).

 

Under the responsibility of the European Committee for Social Cohesion (CDCS), and in connection with the implementation of the Project 2010/DG3/2317 “Children’s rights and social services” of the Programme of Activities, the Advisory Group is instructed to:

i.

identify obstacles, in particular patterns and procedures which prevent children and families from making best use of social services;

ii.

show how social services can better respond to the needs of children and families, especially children at risk and victims of violence as well as families in difficulty, taking into account their rights and opinions, facilitating their participation in the decision making of measures which regard them and supporting positive parenting;

iii

identify ways to foster co-operation between social services and other relevant public services and professionals working with children (notably in the fields of health care, justice and education);

iv.

analyse policies and collect best practices existing in these fields;

v.

develop policy proposals and recommendations or guidelines aimed at disseminating these results in the member states of the Council of Europe in order to promote positive tendencies in the development and work of social services.

5.

Composition of the Committee:

5.A

Members

The Group will consist of 10 specialists with the following qualifications: knowledge of issues related to practical work of social protection and social services for children and families; research interest in these issues; specialists from the education and health sectors working with families; juvenile justice specialists.

 

Five specialists will be appointed by the CDCS and five by the Secretary General. Their travel and subsistence expenses will be borne by the Council of Europe budget.

5.B

Participants

i.

The following committees and bodies of the Council of Europe may each send a representative to meetings of the Group, without the right to vote and at the charge of the corresponding Council of Europe budget sub-heads:

- European Committee for Social Cohesion (CDCS);
- Governmental Committee of the European Social Charter (T-SG);
- Steering Committee for Human Rights (CDDH);
- European Steering Committee for Youth (CDEJ);
- European Committee on Migration (CDMG);
- Steering Committee for Education (CDED);
- European Health Committee (CDSP);
- Committee of Experts on child-friendly health care (SP-CFH);
- European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH);
- Committee of Experts on family law (CJ-FA);
- Group of Specialists on child-friendly justice (CJ-S-CH);
- Partial Agreement Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group).

ii.

The Parliamentary Assembly may send a representative to the Group’s meetings, without the right to vote and at the expense of its administrative budget.

iii.

The Congress of Local and Regional Authorities of the Council of Europe may send a representative to the Group’s meetings, without the right to vote and at the expense of its administrative budget.

iv.

The Council of Europe Commissioner for Human Rights may send a representative to the Group’s meetings, without the right to vote and at the expense of his or her administrative budget

v.

The Conference of INGOs may send a representative to the Group’s meetings, without the right to vote and the expense of its administrative budget.

5.C

Other participants

i.

The European Union may send representatives to the meetings of the Group, without the right to vote or defrayal of expenses.

ii.

The following intergovernmental organisations may send (a) representative(s) to the meetings of the Group, without the right to vote or defrayal of expenses:

- United Nations Children's Fund (UNICEF);
- World Health Organisation (WHO);
- UN Refugee Agency (UNHCR).

5.D

Observers

 

The following non-governmental organisations may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses:

- European Network of Ombudspersons for Children (ENOC);
- International Society for Prevention of Child Abuse and Neglect (ISPCAN).

6.

Working methods and structures:

 

In carrying out its terms of reference, and bearing in mind final results (guidelines or draft recommendation of the Committee of Ministers, report and collection of best practices), the Group shall work in plenary as well as in workshop sessions during its two meetings per year.

7.

Duration:

 

These terms of reference will expire on 31 December 2011.

Appendix 8
(Item 6.5a)

Terms of reference of the European Committee (Partial Agreement) on blood transfusion (CD-P-TS)

Fact sheet

Name of Committee:

European Committee (Partial Agreement) on blood transfusion (CD-P-TS)

Compliance with Resolution Res(2005)47:

YES, except for the term of office of chairperson (three years instead of one, renewable once).

Programme of Activities: project(s)

Under the authority of the Committee of Ministers, in its composition restricted to the representatives of the States members of the Partial Agreement of the Convention on the Elaboration of a European Pharmacopoeia, the Committee shall undertake the following actions:

    examine questions related to human blood transfusion, notably as regards quality and safety standards and their implementation, including collection, preparation, storage, distribution and appropriate use;
    assist member states in improving and, if needed, in restructuring their blood transfusion services by promoting principles of voluntary non-remunerated donations;
    propose ethical, safety and quality standards on professional practices and on specifications of products;
    ensure the transfer of knowledge and expertise and develop competencies of experts through training and networking;
    monitor practices in Europe and assess epidemiological risks, in particular of the emergence of new transmissible diseases linked to blood and blood components;
    promote quality assurance with the latest developments including the updating of the technical appendix to Recommendation R (95) 15 on the preparation, use and quality assurance of blood components;
    ensure availability of rare blood products by means of the European Data Base and Bank of Frozen Blood of Rare Groups, according to the European Agreement on the Exchange of Therapeutic Substances of Human Origin (ETS No. 026).

Project relevance:

The importance of elaborating and promoting high ethical, safety and quality standards in the field of blood transfusion:

    the European Agreement on the Exchange of Therapeutic Substances of Human Origin (ETS No. 026);
    the Recommendation R (95) 15 of the Committee of Ministers to member states on the preparation, use and quality assurance of blood components.

Project added value:

    The Council of Europe is a leading regional agency in this field with a number of recommendations and 15 editions of the Guide to the preparation, use and quality assurance of blood components and Questionnaire on the collection, testing and use of blood and blood components in Europe;
    the EC Directives take into account and refer to the Council of Europe documents;
    the Council of Europe organises, jointly with the EU, a new external quality assessment international programme (PTS/QA) for the testing laboratories in the blood services;

 

    the Council of Europe organises important assistance activities, in particular, in non-EU member states;
    duplication is avoided by the close co-operation with the EC and the WHO.

Financial information:

The Committee in plenary meets at least once a year. The sending authorities of the member states will bear the travel and subsistence expenses for their representatives’ participation in the meetings of the CD-P-TS.

The budget for this activity is set out in Part 5 of the document CM(2009)130 Vol 3 which was adopted by the Committee of Ministers on 25 November 2009 (CM/Res(2009)30).

Terms of reference of the European Committee (Partial Agreement) on blood transfusion (CD-P-TS)

1.

Name of Committee:

European Committee (Partial Agreement) on blood transfusion (CD-P-TS)

2.

Type of Committee:

Steering Committee (Partial Agreement)

3.

Source of terms of reference:

Committee of Ministers, in its composition restricted to the representatives of the States members of the Partial Agreement of the Convention on the Elaboration of a European Pharmacopoeia

4.

Terms of reference:

 

Having regard to:

-

the importance of elaborating and promoting high ethical, safety and quality standards in the field of blood transfusion;

-

the European Agreement on the Exchange of Therapeutic Substances of Human Origin (ETS No. 26);

-

the Convention on Human Rights and Biomedicine (ETS No. 164);

-

Recommendation R (95) 15 of the Committee of Ministers to member states on the preparation, use and quality assurance of blood components;

-

the orientations of the 7th Conference of European Health Ministers (Oslo, 2003) entitled “Health, dignity and human rights”.

 

Under the authority of the Committee of Ministers, the Steering Committee (hereinafter the “CD-P-TS”) shall undertake the following actions:

a.

examine questions related to human blood transfusion, notably as regards quality and safety standards and their implementation, including collection, preparation, testing, storage, distribution and appropriate use;

b.

assist member states in improving and, if needed, in restructuring their blood transfusion services by promoting principles of voluntary non-remunerated donations;

c.

    taking into account ethical aspects, propose safety and quality standards on professional practices and on specifications of products;

d.

    ensure the transfer of knowledge and expertise and develop competencies of experts through training and networking;

e.

    monitor practices in Europe and assess epidemiological risks, in particular of the emergence of new transmissible diseases linked to blood and blood components;

f.

    promote quality assurance with the latest developments including the updating of the technical appendix to Recommendation R (95) 15 on the preparation, use and quality assurance of blood components; in particular by pursuing the regular update, revisions and further developments of the “Guide to the preparation, use and quality assurance of blood components”, its regular publication and promote its implementation;

g.

    ensure availability of rare blood products by means of the development of a European Data Base and Bank of Frozen Blood of Rare Groups, taking into account the European Agreement on the Exchange of Therapeutic Substances of Human Origin (ETS No. 26);

h.

approve proposals for resolutions prepared for adoption by the Committee of Ministers, in its composition restricted to the representatives of the States members of the Partial Agreement of the Convention on the Elaboration of a European Pharmacopoeia. The latter may submit proposals for consideration by the Committee of Ministers in its full composition;

i.

    monitor the implementation of the above-mentioned activities and in particular revise and update any resulting documents concerning blood transfusion;

j.

co-operate with the Steering Committee on Bioethics (CDBI) in the implementation of the Convention on Human Rights and Biomedicine (ETS No. 164) as far as blood transfusion is concerned;

k.

while taking account of the progress of its work, prepare, under its own responsibility, proposals for the Programme of Activities for the coming years.

5.

Composition:

5.A

Members

 

Governments of Council of Europe States members to the Convention on the Elaboration of a European Pharmacopoeia are entitled to appoint a representative with expertise in area covered by these terms of reference. Each member shall have one vote.

The sending authorities of the member states will bear the travel and subsistence expenses for their representatives’ participation in the meetings of the CD-P-TS.

A special assistance programme including support for attending relevant meetings can be applied to those member states which present a justified request to the CD-P-TS. If the request is approved, the travel and subsistence expenses will be borne by the EDQM’s specific budgetary appropriations.

5.B

Participants

 

The following committees may each send representatives to meetings of the CD-P-TS, without the right to vote and at the charge of the corresponding heads of the Council of Europe budget:

- European Health Committee (CDSP);
- Steering Committee on Bioethics (CDBI).

 

The CD-P-TS may invite representatives of other committees and bodies of the Council of Europe to specific meetings, depending on the agenda of the respective meeting, without the right to vote and at the charge of the corresponding heads of the Council of Europe budget.

5.C

Other participants

i.

Council of Europe member states other than those mentioned above under 5.A and other states with observer status with the European Pharmacopoeia Commission may send a representative to the meetings of the CD-P-TS, without the right to vote or defrayal of expenses.

ii.

A special assistance programme including support for attending relevant meetings can be applied to those member states which present a justified request to the CD-P-TS. If the request is approved, the travel and subsistence expenses will be borne by the EDQM’s specific budgetary appropriations.

iii.

The European Union is entitled to appoint a representative to meetings of the CD-P-TS, without the right to vote or defrayal of expenses.

iv.

The World Health Organisation (WHO) may send a representative to meetings of the CD-P-TS, without the right to vote or defrayal of expenses.

5.D

Observers

 

Any international non-governmental organisation active in the field may ask for observer status with the CD-P-TS and be allowed to send a representative to its meetings, without the right to vote or defrayal of expenses.

Observer status is granted on the basis of a unanimous decision by the CD-P-TS. In the event where unanimity is not reached, the matter may be referred to the Committee of Ministers at the request of two-thirds of the members of the CD-P-TS.

6.

Working methods and structures:

 

The CD-P-TS shall meet in plenary at least once a year. Meetings between the chairpersons and project leaders (referred to as Bureau) shall be planned at least once a year. Extraordinary meetings of the CD-P-TS can be convened upon a motivated request by the chairpersons.

The chair is elected for a period of three years. The chair shall not immediately be eligible thereafter for re-election. While he/she holds office, the chair shall not be a member of any delegation. The travel and subsistence expenses of the chair are borne by the specific budgetary appropriations of the CD-P-TS.

The CD-P-TS shall define its rules of procedure.

With a view to reaching its objectives, the CD-P-TS may arrange consultations, by means of hearings or by any other means, as appropriate.

7.

Duration:

 

1 January 2010 – 31 December 2012.

Appendix 9
(Item 6.5b)

Terms of reference of the European Committee (Partial Agreement) on organ transplantation (CD-P-TO)

Fact sheet

Name of Committee:

European Committee (Partial Agreement) on organ transplantation (CD-P-TO)

Compliance with Resolution Res(2005)47:

YES, except for the term of office of chairperson (three years instead of one, renewable once).

Programme of Activities: project(s)

Under the authority of the Committee of Ministers, in its composition restricted to the representatives of the States members of the Partial Agreement of the Convention on the Elaboration of a European Pharmacopoeia, the Committee shall undertake the following actions:

    examine questions related to the transplantation of organs, tissues and cells, notably as regards quality and safety standards and their implementation;
    examine the organisational structures concerning organ transplantation with a view to improving these structures and addressing the causes of organ shortage;
    develop links between the exchange organisations throughout Europe;
    propose ethical quality and safety standards on professional practices;
    ensure the transfer of knowledge and expertise and develop competencies of experts through training and networking;
    contribute to awareness-raising of the population in general on organ donation for transplantation.

Project relevance:

Third Summit Action Plan Chapter II – Strengthening the security of European citizens, Articles 3. Combating trafficking in human beings and 6. Promoting ethics in biomedicine.

The importance of elaborating and promoting the principle of non-commercialisation of organ donation, strengthening measures to avoid organ trafficking and, in general, elaborating high ethical, quality and safety standards in the field of organ transplantation:

Project added value:

    The 3rd Conference of European Health Ministers on Organ Transplantation (Paris, 1987) established as a practical objective for the Council of Europe to study the ethical aspects of organ transplantation in Europe;
    the Council of Europe is a leading regional agency in this field with a number of recommendations and 3 editions (including addenda) of the Guide to safety and quality assurance for organs, tissues and cells and its valuable contribution on the Additional Protocol to the Convention on Human Rights and Bioethics;
    the European Donation and Transplantation Day (established on a Council of Europe proposal);
    the importance of assistance activities, in particular, in non-EU member states;

 

    the EC Directives take into account Council of Europe documents;
    duplications are avoided by close co-operation with the EC and the WHO.

Financial information:

The Committee in plenary meets at least once a year. The sending authorities of the member states will bear the travel and subsistence expenses for their representatives’ participation in the meetings of the CD-P-TO.

The budget for this activity is set out in Part 5 of the document CM(2009)130 Vol 3 which was adopted by the Committee of Ministers on 25 November 2009 (CM/Res(2009)30).

Terms of reference of the European Committee (Partial Agreement) on organ transplantation (CD-P-TO)

1.

Name of Committee:

European Committee (Partial Agreement) on organ transplantation (CD-P-TO)

2.

Type of Committee:

Steering Committee (Partial Agreement)

3.

Source of terms of reference:

Committee of Ministers, in its composition restricted to the representatives of the States members of the Partial Agreement of the Convention on the Elaboration of a European Pharmacopoeia

4.

Terms of reference:

 

Having regard to:

-

the importance of elaborating and promoting the principle of non-commercialisation of organ donation, strengthening measures to avoid organ trafficking and, in general, elaborating high ethical, quality and safety standards in the field of organ transplantation;

-

the Convention on Human Rights and Biomedicine (ETS No. 164) and its Additional Protocol on Transplantation of Organs and Tissues of Human Origin (ETS No. 168);

-

the orientations of the 7th Conference of European Health Ministers (Oslo, 2003) entitled “Health, dignity and human rights”.

 

Under the authority of the Committee of Ministers, the Steering Committee (hereinafter the “CD-P-TO”) shall undertake the following actions:

a.

    examine questions related to the transplantation of organs, tissues and cells, notably as regards quality and safety standards and their implementation; in particular by pursuing the regular update, revisions and further developments of the “Guide to safety and quality assurance for the transplantation of organs, tissues and cells”, its regular publication and promote its implementation;

b.

examine the organisational structures concerning organ transplantation with a view to improving these structures and addressing the causes of organ shortage;

c.

develop links between the exchange organisations throughout Europe;

d.

    propose quality and safety standards on professional practices, taking into account ethical aspects;

e.

ensure the transfer of knowledge and expertise and develop competencies of experts through training and networking;

f.

contribute to awareness-raising of the population in general on organ donation for transplantation;

g.

approve proposals for resolutions prepared for adoption by the Committee of Ministers in its composition restricted to the representatives of the States members of the Partial Agreement of the Convention on the Elaboration of a European Pharmacopoeia. The latter may submit proposals for consideration by the Committee of Ministers in its full composition;

h.

monitor implementation of the above-mentioned activities and in particular revise and update any resulting documents concerning organ transplantation, including the guide to safety and quality assurance for organs, tissues and cells;

i.

co-operate with the Steering Committee on Bioethics (CDBI) in the implementation of all aspects of transplantation covered by the Convention on Human Rights and Biomedicine (ETS No. 164) and its Additional Protocol on transplantation of organs and tissues of human origin (ETS No. 168);

j.

while taking account of the progress of its work, prepare, under its own responsibility, proposals for the Programme of Activities for the coming years.

5.

Composition:

5.A

Members

 

Governments of Council of Europe States members of the Convention on the Elaboration of a European Pharmacopoeia are entitled to appoint a representative with expertise in area covered by these terms of reference. Each member shall have one vote.

The sending authorities of the member states will bear the travel and subsistence expenses for their representatives’ participation in the meetings of the CD-P-TO.

A special assistance programme including support for attending relevant meetings can be applied to those member states which present a justified request to the CD-P-TO. If the request is approved, the travel and subsistence expenses will be borne by the EDQM’s specific budgetary appropriations.

5.B

Participants

 

The following committees may each send representatives to meetings of the CD-P-TO, without the right to vote and at the charge of the corresponding heads of the Council of Europe budget:

- European Health Committee (CDSP);
- Steering Committee on Bioethics (CDBI).

The CD-P-TO may invite representatives of other committees and bodies of the Council of Europe to specific meetings depending on the agenda of the respective meeting, without the right to vote and at the charge of the corresponding heads of the Council of Europe budget.

5.C

Other participants

i.

Council of Europe member states other than mentioned above under 5.A and other states with observer status with the European Pharmacopoeia Commission may send a representative to the meetings of the CD-P-TO, without the right to vote or defrayal of expenses.

ii.

A special assistance programme including support for attending relevant meetings can be applied to those member states which present a justified request to the CD-P-TO. If the request is approved, the travel and subsistence expenses will be borne by the EDQM’s specific budgetary appropriations.

iii

The European Union is entitled to appoint a representative to meetings of the CD-P-TO, without the right to vote or defrayal of expenses.

iv.

The World Health Organisation (WHO) may send a representative to meetings of the CD-P-TO, without the right to vote or defrayal of expenses.

5.D

Observers

i.

The following international NGOs may sent a representative to meetings of the CD-P-TO, without the right to vote or defrayal of expenses:

- Eurotransplant;
- Scandiatransplant.

ii.

Any other international non-governmental organisation active in the field may ask for observer status with the CD-P-TO and be allowed to send a representative to its meetings, without the right to vote or defrayal of expenses.

The observer status is granted on the basis of a unanimous decision by the CD-P-TO. In the event where unanimity is not reached, the matter may be referred to the Committee of Ministers at the request of two-thirds of the members of the Committee.

6.

Working methods and structures:

 

The Committee shall meet in plenary at least once a year. Meetings between the chairpersons and project leaders (referred to as Bureau) shall be planned at least once a year. Extraordinary meetings of the CD-P-TO can be convened upon motivated request by the chairpersons.

The chair is elected for a period of three years. The chair shall not immediately be eligible thereafter for re-election. While he/she holds office, the chair shall not be a member of any delegation. The travel and subsistence expenses of the chair are borne by the specific budgetary appropriations of the CD-P-TO.

The CD-P-TO shall define its rules of procedure.

With a view to reaching its objectives, the CD-P-TO may arrange consultations, by means of hearings or by any other means, as appropriate.

7.

Duration:

 

1 January 2010 – 31 December 2012.

Appendix 10
(Item 6.6)

Reply to Recommendation 262 (2009)
of the Congress of Local and Regional Authorities of the Council of Europe
on “Equality and diversity in local authority employment and service provision”

(Adopted by the Committee of Ministers on 3 February 2010
at the 1076th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has taken note of Recommendation 262 (2009) on “Equality and diversity in local authority employment and service provision” and welcomes the attention of the Congress to issues in this field. The recommendation has been brought to the attention of member states’ governments and to the relevant intergovernmental committees or bodies.7

2. The Committee of Ministers shares the view of the Congress regarding the importance of pursuing the issue of integration of migrants in the labour market. It considers that local authorities play an important role in ensuring equal opportunities with regard to access to employment and combating discrimination against migrants. The Congress of Local and Regional Authorities is particularly well placed to address these matters as well as to promote integration at the local level.

3. The issue of access of migrants to employment, including in the public sector has consistently been addressed by the Council of Europe. It would in particular draw attention to two recommendations. The first is Recommendation Rec(2004)2 on access of non-nationals to employment in the public sector, adopted by the Committee of Ministers on 24 March 2004. This text recommends initiatives to promote diversity in public services as well as to eliminate discrimination in the areas of recruitment (inappropriate requirements on language skills, etc), promotion, employment conditions and salaries. It invites states to examine its nationality requirements for various posts and, when possible, to make more jobs open to migrants.

4. The second is Recommendation CM/Rec(2008)10 of the Committee of Ministers to member states on improving access of migrants and persons of immigrant background to employment which offers practical advice on how to combat inequality and discrimination and assist migrants in overcoming existing barriers in access to employment opportunities. This recommendation prioritises actions taken at the local level and stressed the important role to be played by the local authorities in this issue.

5. Furthermore, the Committee of Ministers would inform the Congress that a draft recommendation to member states is currently under preparation on improving national systems and procedures for identifying and validating migrants’ skills and experience, including those of employers and vocational training bodies. The draft recommendation should, in particular, concern skills acquired without formal qualification and include detailed guidelines on the practical application of its principles. This work will also culminate in preliminary outline proposals for a training manual for services providers responsible for validating migrants’ skills and experience.

6. The Committee of Ministers considers that the above-mentioned recommendations provide a substantive contribution to promoting equality and diversity in employment, including in the context of local authority employment and service provision. It would encourage member states to bear them in mind, and where appropriate Recommendation 262 (2009) of the Congress, when establishing or reviewing policies in this area. It would also draw particular attention to the relevance of the European Commission against Racism and Intolerance (ECRI)’s General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination and to ECRI’s country monitoring reports which regularly address discrimination in the employment sector. ECRI has also started to work on a future General Policy Recommendation on combating racism and racial discrimination in employment. Finally, the Committee of Ministers would invite member states to consider ratifying Protocol No. 12 to the European Convention on Human Rights, which provides for a general prohibition on discrimination.

+ There were no decisions under this item.

+ There were no decisions under this item.

3 See also document CM/AS(2010)Rec1869 final.

4 States concerned: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom.

5 See also document CM/Cong(2010)Rec262 final.

6 Andorra, Austria, Croatia, Cyprus, Finland, Hungary, Ireland, Luxembourg, Malta, Montenegro, Netherlands, Portugal, San Marino, Serbia, Slovenia, Spain and Switzerland.

7 CDLR, CDMG, CDED and ECRI.


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