Part I International laws and mechanisms The COE is comprised of a number of independent agencies which work together to promote and protect “human rights, democracy and the rule of law”127 across the region, including: • the European Court of Human Rights • the Commissioner for Human Rights • the Parliamentary Assembly of the Council of Europe • the Conference of International Non-Governmental Organizations. 2.1.1. The European Convention and the European Court of Human Rights The European Convention has been ratified by all of the 47 member countries of the COE.128 Every State party to the Convention has a legally enforceable duty to “secure the fundamental civil and political rights, not only to their own citizens but also to everyone within their jurisdiction”.129 In guaranteeing these rights and freedoms, article 14 of the Convention includes a prohibition on discrimination based on “sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status” in relation to the substantial rights guaranteed by the Convention. The Convention is judicially administered by the European Court of Human Rights, which has the power to receive and rule on individual and State complaints of human rights violations. Migrant workers have successfully used certain provisions in the Convention, in particular the right to private and family life and the right to enjoyment of possessions.130 2.1.2. The European Social Charter The European Social Charter (1961) supplements the European Convention on Human Rights on issues in relation to economic and social rights. It provides specific protection to migrant workers and their families who are nationals of States parties. The Charter (revised in 1996) guarantees certain rights to all migrant workers who are nationals of a State party and their families when in territories of another party, in addition to other rights which specifically apply to migrant workers “lawfully within” the territory of States parties.131 It also establishes the European Committee of Social Rights to monitor State compliance through periodic reporting and by receiving collective complaints. Collective complaints may only be received against State parties which have accepted this procedure.132 2.1.3. The Commissioner for Human Rights The Commissioner for Human Rights was established in 1999.133 It has a promotional and monitoring role to “foster the effective observance of human rights and assist member states in the implementation 127 “The Council of Europe in Brief: Our Objectives”; Council of Europe; see: www.coe.int/aboutCoe/index.asp?page=nosObjectifs& l=en. 128 Albania, Czech Republic, Ireland, Netherlands, Spain, Andorra, Denmark, Italy, Norway, Sweden, Armenia, Estonia, Latvia, Poland, Austria, Finland, Liechtenstein, Portugal, ‘’The former Yugoslav Republic of Macedonia’, Azerbaijan, France, Lithuania, Romania, Turkey, Belgium, Georgia, Luxembourg, Russian Federation, Ukraine, Bosnia and Herzegovina, Germany, Malta, San Marino, United Kingdom, Bulgaria, Greece, Moldova, Serbia, Croatia, Hungary, Monaco, Slovak Republic, Cyprus, Iceland, Montenegro and Slovenia. Ratification is a precondition of membership to the COE. 129 “The Court in Brief”; European Court of Human Rights; see: www.echr.coe.int/ECHR/EN/Header/The+Court/Introduction/ Information+documents/. 130 “The ICRMW and the European Union”; Euan MacDonald and Ryszard Cholewinski; Migration and Human Rights: The United Nations Convention on Migrant Worker Rights; Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (ed); United Nations Educational, Scientific and Cultural Organization / Cambridge University Press; 2009; p. 379. 131 For example, see articles 18 and 19. 132 To date, 15 States have accepted this procedure; see “Member States of the Council of Europe and the European Social Charter”; Council of Europe; www.coe.int/t/dghl/monitoring/socialcharter/Presentation/Overview_en.asp. 133 Resolution 99 (50) on the Council of Europe Commission for Human Rights; adopted by the Committee of Ministers on 7 May 1999. Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers | 55