5. Regional Protection of Refugees

In addition to the protection offered by the 1951 Refugee Convention and UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, three regional groups have also developed standards of refugee protection through treaties and declarations: the Organisation of African Unity, the Organisation of American States and the Council of Europe. Often these regional legal instruments can offer additional protection to that given by the UN treaties.

A. The Council of Europe

The Council of Europe is an intergovernmental body made up of 43 member states. It has its headquarters in Strasbourg (France). The Council of Europe was formed in 1949 with the general aim of enhancing the cultural, social and political life of Europe that had been devastated during the Second World War. The Statute of the Organisation is based on respect for human rights and the pre-eminence of law. This means protecting and promoting the dignity and freedom of the individual within the rule of law. The Statute goes further: it states that any serious violations of human rights by the member states constitute grounds for suspension or exclusion.

In the more than 50 years of its existence, the Council of Europe has promoted and encouraged the conclusion of more than one hundred legal instruments in a wide variety of fields. A number of these treaties relate to asylum and refugees. (Click here for details of Council of Europe treaties relating to asylum and refugees.) In addition, decision-making bodies of the Council of Europe (the Parliamentary Assembly and Committee of Ministers) have issued resolutions, recommendations and declarations relating to asylum and refugees. These are not binding legal texts. They are called "soft law" and offer guidelines to Member States in the formulation of national policies. (Click here for a list of Council of Europe resolutions, recommendations and declarations relating to asylum and refugees).

previous | next

The Rights of Refugees and Displaced Persons

Map: Council of Europe member states