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Protection of lawyers draft convention agreed

The draft convention for the protection of the profession of lawyer has been prepared by the Committee of Experts on the Protection of Lawyers (CJ-AV).

At its 103rd plenary meeting in Strasbourg, the European Committee on Legal Co-operation (CDCJ) approved the draft (19-21 November).

It also adopted the draft explanatory report, with a view to the transmission of both texts to the Committee of Ministers of the Council of Europe.

Since 2020, the CDCJ has considered the feasibility of a new European legal instrument for enhancing the protection for lawyers.

It took into account existing international instruments, notably the Committee of Ministers Recommendation R(2000)21 on the freedom of exercise of the profession of lawyer and the European Convention on Human Rights, as well as the case-law of the European Court of Human Rights.

Stateless children

The committee also examined the draft feasibility study on a non-binding legal instrument regarding stateless children’s access to nationality.

During the meeting, the composition of the new Committee of Experts on Access to Origins (CJ-OR) was decided and its chair selected.

The committee’s mandate is to prepare a draft recommendation, by the end of 2026, on the rights of donor-conceived persons to know their origins.

The CDCJ was requested to prepare the draft recommendation, or other non-binding instrument, by the Council of Europe Committee of Ministers.

Right to know origins

The draft will assist in protecting the right of the donor-conceived to know their origins, balancing the interests of sperm and oocyte donors and the interests of society.

The right to know one’s origins has been connected to the right to an identity and to personal development in international human-rights law.

The European Court of Human Rights has recognised this right as an integral part of respect for private life.

This right also includes the right to access information to trace one’s roots, to know the circumstances of one’s birth, and to have access to certainty of parental ties.

Several European states have decided to waive donor anonymity, and the State of Victoria in Australia has abolished donor anonymity completely.

However, current legislation and practices of Council of Europe member states in the field of medically assisted procreation vary significantly.

Rule of law

The Council of Europe is focused on the issued as part of its mandate to promote human rights, democracy, and the rule of law, which it says places it in an ideal position to address the risks and challenges related to the anonymity of sperm and oocyte donations.

At the plenary, the CDCJ also adopted the practical guide for implementation of the European Convention on Information on Foreign Law (ETS. No. 62) and its Additional Protocol (ETS. No. 97).