Ministers' Deputies / Rapporteur Groups
GR-J
Rapporteur Group on Legal Co-operation

GR-H
Rapporteur Group on Human Rights


GR-J(2009)9 / GR-H(2009)11 28 September 20091
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Annotated agenda
Meeting of 6 October 2009

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I. Items to be discussed in a joint GR-J/GR-H meeting together in the presence of the TC-ET and the TC-ENF

Examination of the draft programme of activities for 2010 in the field of Human Rights and Rule of Law (+ Building a Europe for and with children)
CM(2009)130 vol2, CM(2009)67 – Draft Programme of Activities for 2010

1. The draft programme of activities for 2010 – document CM(2009)130 vol2 – has been prepared in accordance with the Organisation’s priorities as identified by the Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005) and the proposals contained in the document on “Priorities for 2010 – Budgetary Implications” (CM(2009)67).

2. The Group is invited to examine the relevant parts of the draft programme of activities for 2010 with a view to advising the Rapporteur Group on Programme, Budget and Administration (GR-PBA) on the content of the draft programme in its area of competence.

3. For convenience, the list of the draft programmes for 2010 to be examined by the Group appears in the appendix to the present annotated agenda.

4. The Director General of Human Rights and Legal Affairs will provide the Group with a presentation of the envisaged 2010 activities in the field of standard setting, monitoring and co-operation. The Director General of Social Cohesion will present the programme under the heading “Building a Europe for and with children”.

26/09 29th Conference of the Council of Europe Ministers of Justice, “Breaking the silence – united against domestic violence” (Tromsø, Norway, 18-19 June 2009): Report of the Secretary General
CM(2009)134

5. The 29th Council of Europe Conference of Ministers of Justice was held in Tromsø (Norway), at the invitation of the Norwegian Government, on 18-19 June 2009.

6. At the close of the Conference, the Ministers adopted four Resolutions:

- Resolution No. 1 on preventing and responding to domestic violence;
- Resolution No. 2 on mutual assistance in criminal matters;
- Resolution No. 3 on Council of Europe action to promote the rule of law;
- Resolution No. 4 in which the Ministers of Justice expressed their warmest thanks to the Norwegian Government for the excellent organisation of the Conference and for its kind hospitality and took note of the invitation of the Minister of Justice of Turkey to hold the 30th Council of Europe Conference of Ministers of Justice in Turkey in 2011.

7. The Groups are invited to examine jointly the Report by the Secretary General as well the four Resolutions adopted by the European Ministers of Justice.

8. Since two of the three steering committees more directly interested - the European Committee on Legal Co-operation (CDCJ) and the European Committee on Crime Problems (CDPC) - hold their plenary meetings in early October2, it is proposed to invite the Deputies to adopt the relevant decisions in two stages. A first set of decisions could be transmitted to the Deputies for decision at their 1067th meeting, on 7 October 2009, without further debate (item placed in the box), with a view, in particular, to allow these bodies to bear in mind the texts adopted at the Conference in their work.

9. A second set of more substantial decisions, to be drafted in the light of the discussion, could be examined at the next meeting of the GR-J, on 19 November 2009.

Proposed draft decisions to be adopted at the 1067th meeting (7 October 2009)

    “The Deputies

a. Concerning Resolution No. 1 on preventing and responding to domestic violence

      transmitted the Resolution to the Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO), the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC) and the Steering Committee for Human Rights (CDDH), for them to bear it in mind in their future work;

b. Concerning Resolution No. 2 on mutual assistance in criminal matters

      transmitted the Resolution to the European Committee on Crime Problems (CDPC) for it to bear it in mind in its future work;

c. Concerning Resolution No. 3 on Council of Europe action to promote the rule of law

      transmitted the Resolution to the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC), the Steering Committee for Human Rights (CDDH) and to the European Commission for the Efficiency of Justice (CEPEJ), for them to bear it in mind in their future work;.

d. Concerning Resolution No. 4

      took note of this Resolution and, in particular, of the fact that the 30th Conference will be held in Turkey in 2011.”

Any other business

II. Items to be discussed in a GR-H meeting

10. An addendum to the annotated agenda in relation with the items to be discussed in the GR-H meeting will be issued shortly.

    Any other business

III. Items to be discussed in a GR-J meeting

27/09 European Charter for regional or minority languages – Second evaluation report of the Committee of Experts in respect of Slovakia
CM(2009)133

13. The Group is invited to examine the Second report in respect of Slovakia, as it appears in document CM(2009)133, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1068th meeting (21 October 2009). If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

The proposed decisions are set out below:

      “The Deputies

      1. took note of the second report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Slovakia, as it appears in document CM(2009)133;

      2. adopted Recommendation CM/RecChL(2009)… on the application of the European Charter for Regional or Minority Languages by Slovakia, as it appears at Appendix … to the present volume of Decisions < see Appendix .. to CM/Notes/106810.2 > and agreed to forward it to the Slovak authorities.”

20/09 European Committee on Legal Co-operation (CDCJ)

a. Committee of Experts on Family Law (CJ-FA) –
Draft terms of reference for 2010
CM(2009)119

This item was on the agenda of the previous GR-J meeting but could not be dealt with due to lack of time.

14. The Group is invited to examine the draft terms of reference of the Committee of Experts on Family Law (CJ-FA), approved by the CDCJ Bureau at its meeting from 5 to 7 May 2009, as set out in document CM(2009)119, with a view to their transmission to the Deputies for adoption of the relevant decision at their 1068th meeting (21 October 2009) without further debate (item placed in the box).

    The proposed decision is set out below:

    “The Deputies approved the terms of reference of the Committee of Experts on Family Law (CJ-FA), as they appear in Appendix ... to the present volume of Decisions. < see document CM(2009)119>."

IF TIME ALLOWS:

21/09 Steering Committee on Bioethics (CDBI)
a. Abridged report of the 36th meeting (Madrid, 27-29 April 2009)
CM(2009)121
b. Draft terms of reference
CM(2009)121 addendum
c. Report of the launching Session of the Conference on Biomedical Research Ethics in Countries with an Emerging or Developing Economy
CM(2009)122

This items was on the agenda of the previous GR-J meeting but could not be dealt with due to lack of time.

15. The GR-J is invited to examine the different texts submitted by the CDBI (see CM(2009)121 and CM(2009)121 addendum), following its meeting in April 2009, with a view to transmission to the Deputies for adoption of the relevant decisions at their 1068th meeting (21 October 2009).

16. Further to the decision adopted by the Deputies on 11 March 2009, whereby the latter welcomed “the wish expressed by Spain to initiate a ministerial conference on biomedical research ethics in countries with an emerging or developing economy” (CM/Del/Dec(2009)1050/10.3), the Group is also invited to examine the report of the launching session of the conference as it appears in document CM(2009)122, with a view to transmission to the Deputies for adoption of the relevant decision at their 1068th meeting (21 October 2009)

17. If an agreement is reached within the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

The proposed decisions are set out below:

“The Deputies

    1 approved the terms of reference of the Steering Committee on Bioethics (CDBI), as set out in Appendix ... to the present volume of decisions. < see document CM(2009)121 addendum>;

    2. in the light of the above decision, took note of the abridged report of the 36th meeting of the CDBI, as it appears in document CM(2009)121, as a whole;

    3. took note of the report of the launching session of the Conference on Biomedical Research Ethics in Countries with an Emerging or Developing Economy, as it appears in document CM(2009)122.”

24/09 Private military and security firms and the erosion of the state monopoly on the use of force - Parliamentary Assembly Recommendation 1858 (2009)
Parliamentary Assembly Recommendation 1858 (2009), CDL–AD(2009)038

This items was on the agenda of the previous GR-J meeting but could not be dealt with due to lack of time.

18. On 11 February 2009, the Deputies decided to transmit Recommendation 1858 (2009) to the Steering Committee for Human Rights (CDDH) and to the European Committee on Crime Problems (CDPC), for information and possible comments by 15 April 2009. The Deputies also agreed to transmit this text to the Venice Commission for information and for it to be taken it into account in its future work (see CM/Del/Dec(2009)1048/3.1).

19. The CDDH and the CDPC did not forward any comments but, in June 2009, the Venice Commission adopted its report “on private military and security firms and erosion of the state monopoly on the use of force” (see CDL-AD(2009)038).

20. The Group is invited to hold an initial discussion on this item and, in particular, it may wish to express an opinion on whether it would be advisable to give the CDPC the task of studying the suggestions made by the Venice Commission in report CDL-AD(2009)038 and whether this report should be forwarded as a reply to Recommendation 1858 (2009).

Other business

Date of the next meeting

21. GR-H: 3 November 2009.
GR-J: 19 November 2009.

Appendix I – Lines of action regarding human rights

CHAPTER I – HUMAN RIGHTS 9

Line of Action I.1 - Ensuring the continued effectiveness of the European Convention on Human Rights 11
I.1.1 – Convention for the Protection of Human Rights and Fundamental Freedoms: Court's judgments
and execution 11

I.1.2 – Improving procedures, mechanisms and remedies 13

Line of Action I.2 - Protecting and promoting Human Rights through the other CoE institutions and mechanisms 17
I.2.1 – Commissioner for Human Rights 17
I.2.2 – European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 21
I.2.3 – European Commission against Racism and Intolerance (ECRI) 23
I.2.4 – Framework Convention for the Protection of National Minorities 25
I.2.5 – Council of Europe Convention on Action against Trafficking in Human Beings3 27

Line of Action I.3 - Human Rights in public policy 31
I.3.1 – Human Rights Law and Policy Development 31
I.3.2 – Human Rights awareness and training 33
I.3.3 – Protection of persons against threats to their dignity and integrity 38
Except Project 2008/DG3/1377 – Bioethics (GR-J)
I.3.4 – Gender equality as an integral part of human rights1 43
I.3.5 – Media, information society and data protection 46
Except Project 2008/DGHL/1422 – Protection of individuals with regard to the automatic
processing of personal data – ETS no 108 (GR-J)

CHAPTER IV – SOCIAL COHESION 105

Line of Action IV.1 - Ensuring social cohesion 107
IV.1.1 – European Social Charter 108

APPENDIX 3: GENERAL MANAGEMENT EXPENDITURE 193
2005/DG-HL/136 196

***

Appendix II – Lines of action regarding legal co-operation

CHAPTER I – HUMAN RIGHTS 9

Line of Action I.3 – Promoting Human Rights in public policy 31
I.3.3 – Protection of persons against threats to their dignity and integrity 38
Project 2008/DG3/1377 – Bioethics
I.3.5 – Media, information society and data protection 46

      Project 2008/DG-HL/1422 – Protection of individuals with regard to the automatic processing of personal data – ETS no 108

CHAPTER II – RULE OF LAW 53
Line of Action II.1 – Improving the functioning and efficiency of justice 55
II.1.1 – Functioning and efficiency of justice 55
Line of Action II.2 – Strengthening Rule of Law standards 61
II.2.2 – Public and private law and implementation of standards 62
II.2.3 – International law and international tribunals 65
Line of Action II.3 – Strengthening the security of European citizens 69
II.3.1 – Democratic responses to terrorism 69
II.3.2 – European standards for crime control 72

CHAPTER IV – SOCIAL COHESION 105
Line of Action IV.2 – Building a Europe for and with children 131
IV.2.1 – Building a Europe for and with children: a strategy for 2009-20114 131

CHAPTER V – CULTURE AND INTERCULTURAL DIALOGUE 135
Line of Action V.1 – Education and linguistic diversity: promoting democratic culture 137
V.1.3 – European Charter for Regional or Minority Languages (ECRML) 144

APPENDIX 3: GENERAL MANAGEMENT EXPENDITURE 193

2005/DG-HL/136 196

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.

2 The Steering Committee for Human Rights (CDDH) will meet late November and will exchange views on its possible contribution to the follow-up to the Conference. The CAHVIO will meet on 1-3 December 2009.

3 In liaison with the TC-ET.

4 In liaison with the TC-ENF.


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