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PDF - Standard-setting through monitoring? The role of Council of Europe expert bodies in the development of human rights

PDF - Standard-setting through monitoring? The role of Council of Europe expert bodies in the development of human rights (2013)

Renate Kicker and Markus Möstl

ISBN 978-92-871-7675-2
Type of document : Book
Format : PDF
Size : 1 MB
Language : English
Number of pages : 202

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PDF - Standard-setting through monitoring? The role of Council of Europe expert bodies in the development of human rights

PDF - Standard-setting through monitoring? The role of Council of Europe expert bodies in the development of human rights

A variety of mechanisms has been established in the Council of Europe to monitor compliance with human rights standards.This publication discusses four specific monitoring bodies, namely the Advisory Committee on the Framework Convention for the Protection of National Minorities, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Commission against Racism and Intolerance, and the European Committee of Social Rights. By assessing and comparing the monitoring procedures and standard-setting activities of these expert bodies, the authors make an essential contribution to the discourse on the Council of Europe's role - both current and future - with regard to human rights.This book constitutes a rich source of information on the dialogue between the four committees and European states. It is addressed to practitioners, diplomats and decision makers at national level to deepen their understanding of the aims and functioning of Council of Europe monitoring mechanisms. Students and academics will gain a comprehensive insight into the legal bases, mandates and procedures of such mechanisms. Finally, it is hoped that the expert bodies themselves will gain much from the authors' analysis of present-day challenges for monitoring and the impact their implementation standards may have on the development of the European human rights order.

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A variety of mechanisms has been established in the Council of Europe to monitor compliance with human rights standards.This publication discusses four specific monitoring bodies, namely the Advisory Committee on the Framework Convention for the Protection of National Minorities, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Commission against Racism and Intolerance, and the European Committee of Social Rights. By assessing and comparing the monitoring procedures and standard-setting activities of these expert bodies, the authors make an essential contribution to the discourse on the Council of Europe's role - both current and future - with regard to human rights.This book constitutes a rich source of information on the dialogue between the four committees and European states. It is addressed to practitioners, diplomats and decision makers at national level to deepen their understanding of the aims and functioning of Council of Europe monitoring mechanisms. Students and academics will gain a comprehensive insight into the legal bases, mandates and procedures of such mechanisms. Finally, it is hoped that the expert bodies themselves will gain much from the authors' analysis of present-day challenges for monitoring and the impact their implementation standards may have on the development of the European human rights order.

Foreword

Introduction

Chapter I – Mechanisms for monitoring compliance with human rights in the Council of Europe
1. The human rights order at universal, regional and national level
2. Monitoring in the Council of Europe by institutional bodies
3. The organisational framework for specific monitoring mechanisms in the Council of Europe
4. Monitoring by independent expert bodies and hybrid systems    
5. Monitoring by peer-review systems
6. Conclusions

Chapter II – Comparison of the legal framework, mandate and composition of the Council of Europe expert bodies
1. Comparing the legal framework, mandate and composition of Council of Europe expert bodies    
2. ACFC
3. CPT
4. ECRI
5. ECSR
6. Conclusions

Chapter III – Comparison of the monitoring procedures of the Council of Europe expert bodies
1. Comparing the monitoring procedures of the Council of Europe expert bodies
2. ACFC
3. CPT
4. ECRI
5. ECSR
6. Conclusions

Chapter IV – Implementation standards developed by the Council of Europe expert bodies
1. Analysing the implementation standards developed by the Council of Europe expert bodies
2. Defining human rights implementation standards
3. The legitimacy of implementation standards developed by Council of Europe expert bodies
4. Implementation standards developed by Council of Europe expert bodies
5. Typology of implementation standards developed by Council of Europe expert bodies
6. Conclusions

Chapter V – The impact of implementation standards of Council of Europe expert bodies in member states
1. Assessing the impact of implementation standards of Council of Europe expert bodies
2. The relevance of implementation standards for the development of the European human rights order
3. Tracing the expert bodies’ dialogue with member states to measure the impact of implementation standards
4. The role of human rights indicators for measuring the human rights performance of Council of Europe member states
5. Conclusions

Conclusions

References

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