Part II The law: International human rights law and disability
Section II Other international and regional human rights instruments and disability
6.3. DISABILITY AND HUMAN RIGHTS INSTRUMENTS IN EUROPE
The Council of Europe
The Council of Europe, based in Strasbourg, is an inter-governmental organisation including 47 Member
States210 (28 of which are also members of the European Union). Its primary aims are to advance and
protect democracy, the rule of law and human rights. It works largely by adopting treaties and issuing
policy recommendations to its Member States.
The Council of Europe’s inter-governmental machinery is quite elaborate and allows for intensive
cooperation between Member States on particular topics. Disability has been the subject of such
cooperation ever since the landmark 1992 Recommendation (92)6.211 There is now a Council of Europe
strategy on disability.212 The most recent Council of Europe Disability Action Plan (2006–2015) provides
guidance to Member States on the following action areas:
• Participation in public and political life
• Participation in cultural life
• Information and communication
• Education
• Employment, vocational guidance and training
• The built environment
• Transport
• Community living
• Health care
• Rehabilitation
• Social protection
• Legal protection
• Protection against violence and abuse
• Research and development
• Awareness raising.213
The Council is currently preparing its next Disability Action Plan, which will likely be much more targeted.
The Council of Europe has adopted at least 12 treaties relating to human rights. All 47 Member States are
signatories of the European Convention on Human Rights,214 which is probably the most famous treaty
concluded under the auspices of the Council. This instrument seeks to protect civil and political rights,
with supervision of the Convention overseen by the European Court of Human Rights.215 Enforcement
of the Court’s judgments is left to the Council’s Committee of Ministers, a political body.
Article 14 of the European Convention on Human Rights prohibits discrimination with respect to the
enjoyment of the rights set out in the Convention. Although it does not explicitly mention discrimination
on the grounds of disability, the Convention refers to “other status”, which is interpreted to provide
protection to persons with disabilities. Protocol 12 to the Convention establishes a freestanding right to
non-discrimination. The Protocol has been ratified by 17 of the Council of Europe’s 47 Member States
and has entered into force in respect to them.
210
More information on the Council of Europe is available at www.coe.int/en/web/portal/home.
211
Available at https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=2398057&
SecMode=1&DocId=602414&Usage=2.
212
General information is available at www.coe.int/en/web/portal/people-with-disabilities.
213
Available at www.coe.int/t/dg3/disability/default_en.asp.
214
Text available at www.echr.coe.int/Documents/Convention_ENG.pdf.
215
More information on the European Court of Human Rights is available at www.echr.coe.int/Pages/home.aspx?p=home&c.
Chapter 6: Regional human rights instruments and disability | 83