Standard-setting through monitoring? : the role of Council of Europe expert bodies in the development of human rights / Renate Kicker and Markus Möstl.

Format:

Book

Author/Creator:

Kicker, Renate.

Contributor:

Möstl, Markus.

Language:

English

Subjects (All):

Human rights--Europe.

Human rights.

Physical Description:

1 online resource (205 p.)

Place of Publication:

Strasbourg : Council of Europe Pub., 2012.

Language Note:

English

Summary:

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 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 base mandates and procedures.

Contents:

Intro

Contents

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

1.1. Standard-setting in the field of human rights

1.2. Monitoring compliance and enforcement procedures

2. Monitoring in the Council of Europe by institutional bodies

2.1. The Secretary General

2.2. The Committee of Ministers

2.3. The Parliamentary Assembly

2.4. The Council of Europe Commissioner for Human Rights

3. The organisational framework for specific monitoring mechanisms in the Council of Europe

3.1. The former Directorate of Monitoring

3.2. The reform of the Secretariat's structure

4. Monitoring by independent expert bodies and hybrid systems

4.1. The four bodies chosen for detailed examination

4.2. The Committee of Experts of the European Charter for Regional or Minority Languages (CECL)

4.3. The Group of Experts on Action against Trafficking in Human Beings (GRETA)

5. Monitoring by peer-review systems

5.1. The Group of States against Corruption (GRECO)

5.2. The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL)

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

2.1. Legal framework

2.2. Mandate

2.3. Composition of the expert body

3. CPT

3.1. Legal framework

3.2. Mandate

3.3. Composition of the expert body

4. ECRI

4.1. Legal framework

4.2. Mandate

4.3. Composition of the expert body

5. ECSR

5.1. Legal framework

5.2. Mandate

5.3. Composition of the expert body.

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

2.1. Basic features of the monitoring procedure

2.2. Periodicity of monitoring and reactive mechanisms

2.3. Sources of information

2.4. Publicity, transparency and confidentiality

3.1. Basic features of the monitoring procedure

3.2. Periodicity of monitoring and reactive mechanisms

3.3. Sources of information

3.4. Publicity, transparency and confidentiality

4.1. Basic features of the monitoring procedure

4.2. Periodicity of monitoring and reactive mechanisms

4.3. Sources of information

4.4. Publicity, transparency and confidentiality

5.1. Basic features of the monitoring procedure

5.2. Periodicity of monitoring and reactive mechanisms

5.3. Sources of information

5.4. Publicity, transparency and confidentiality

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

3.1. State consent inducing the legitimacy of implementation standards

3.2. Authority of experts inducing the legitimacy of implementation standards

3.3. Processes and procedures inducing the legitimacy of implementation standards

3.4. Quality of output inducing the legitimacy of implementation standards

4. Implementation standards developed by Council of Europe expert bodies

4.1. ACFC

4.2. CPT

4.3. ECRI

4.4. ECSR.

5. Typology of implementation standards developed by Council of Europe expert bodies

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

2.1. Implementation standards: non-law, soft law or hard law?

2.2. Implementation standards as an alternative to treaty-making?

3. Tracing the expert bodies' dialogue with member states to measure the impact of implementation standards

3.1. Analytical framework for the assessment of the expert bodies' dialogue with member states

3.2. Case study typology

4. The role of human rights indicators for measuring the human rights performance of Council of Europe member states

4.1. Indicators: a prerequisite for measuring the implementation of human rights

4.2. Implementation standards informing the development of indicators and benchmarks

5. Conclusions

CONCLUSIONS

References

About the authors

Sales agents.

Notes:

Description based upon print version of record.

Includes bibliographical references.

ISBN:

92-871-7675-2

OCLC:

922998502