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Commissioner for Human Rights

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Parent: Council of Europe Hop 4
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Commissioner for Human Rights
PostCommissioner for Human Rights
Bodythe Council of Europe
IncumbentDunja Mijatović
Incumbentsince1 April 2018
Reports toCommittee of Ministers
SeatStrasbourg, France
AppointerParliamentary Assembly of the Council of Europe
TermlengthSix years, non-renewable
Constituting instrumentResolution (99) 50 of the Committee of Ministers
Formation7 May 1999
FirstÁlvaro Gil-Robles
Website[https://www.coe.int/en/web/commissioner]

Commissioner for Human Rights. The Commissioner for Human Rights is an independent, non-judicial institution established by the Council of Europe to promote awareness of and respect for human rights in its 46 member states. The office, based in Strasbourg, operates through dialogue with national authorities and civil society, conducting country visits and issuing thematic reports. It plays a crucial preventive role, identifying structural shortcomings and providing advice for the implementation of European human rights standards.

Role and mandate

The primary role is to foster the effective observance of human rights and assist member states in their implementation, drawing on standards set by instruments like the European Convention on Human Rights and the European Social Charter. The mandate emphasizes education, awareness-raising, and providing advice, focusing on issues such as the protection of human rights defenders, freedom of expression, and the rights of refugees. The Commissioner conducts regular visits to countries such as Turkey, the United Kingdom, and Russia to assess conditions firsthand. While the office cannot adjudicate individual complaints, it can draw systemic problems to the attention of bodies like the European Court of Human Rights and the Committee of Ministers of the Council of Europe.

Appointment and term

The Commissioner is elected by the Parliamentary Assembly of the Council of Europe from a list of three candidates provided by the Committee of Ministers of the Council of Europe. Candidates are eminent personalities of high moral character with recognized expertise in the field of human rights. The term of office is six years, non-renewable, ensuring the independence of the incumbent from political pressure. The process involves consultations with various stakeholders, including non-governmental organizations and national ombudsman institutions. Past officeholders have included figures like Álvaro Gil-Robles from Spain and Thomas Hammarberg from Sweden.

Activities and reports

Core activities include systematic country visits, resulting in detailed reports with recommendations for governments, such as those published following missions to Hungary, Poland, and Greece. The office issues thematic recommendations and opinions on pressing issues like migration, prison conditions, and discrimination against the Roma people. It also publishes issue papers, for instance on artificial intelligence and human rights or climate change. The Commissioner engages in continuous dialogue with authorities from Azerbaijan to France and participates in conferences with organizations like the United Nations High Commissioner for Refugees and the Organization for Security and Co-operation in Europe.

Relationship with other bodies

The institution maintains a cooperative relationship with other Council of Europe monitoring bodies, including the European Committee for the Prevention of Torture and the European Commission against Racism and Intolerance. It provides input to the work of the European Court of Human Rights by submitting third-party interventions in landmark cases. The Commissioner also collaborates closely with United Nations mechanisms, such as the Office of the United Nations High Commissioner for Human Rights, and regional bodies like the Organization of American States. This network allows for the exchange of information and coordinated advocacy on cross-border human rights challenges.

List of officeholders

The following individuals have served as Commissioner for Human Rights since the office's creation: # Álvaro Gil-Robles (Spain, 1999–2006) # Thomas Hammarberg (Sweden, 2006–2012) # Nils Muižnieks (Latvia, 2012–2018) # Dunja Mijatović (Bosnia and Herzegovina, 2018–present)

Category:Council of Europe