Chapter 3. The Council of Europe
religion, language, sexual orientation and gender identity), xenophobia, antisemitism
and intolerance in Europe.661 It monitors these in the member states of the CoE
and works on general issues, notably through the development of General Policy
Recommendations. ECRI has issued such recommendations for instance with regard
to combating anti-Gypsyism and discrimination against Roma662, and on safeguarding
irregularly present migrants from discrimination.663 It is considered a “unique and
particularly successful European human rights monitoring mechanism” in view of its
examination of local developments and specific recommendations and dialogue with
states, as well as its influence on broader CoE work on these topics.664 None of ECRI’s
General Policy Recommendations concern statelessness or nationality matters, but
they contribute towards the bigger question of inclusion of people (with or without
nationality) in society. In its country monitoring reports, the issue of statelessness is
addressed though. In the ECRI country report on Estonia, the reduction of the number
of stateless people is considered for instance:
“In its 4th report, ECRI recommended that the Estonian authorities continue the
measures taken thus far to reduce the number of stateless persons, in full consultation
with representatives of the persons concerned. As seen above, the number of people with
undetermined citizenship has continually fallen over the past five years, as a result of the
2008–2013 integration policy. ECRI notes that while, as acknowledged by representatives
of stateless persons, the authorities engaged in broad consultation with the latter when
drawing up the new 2020 strategy, this was not sufficiently the case in the implementation
of the 2008–2013 strategy as evidenced by the fact that various practical problems persist,
for example with regard to the language tests for acquisition of nationality, and the review of
language requirements in connection with a particular job.”665
ECRI goes on to refer back to recommendations made on language testing and
language requirements. Preventing and solving statelessness, and the way in which
such measures are implemented, in particular as regards minorities such as the Russian
ethnic minority (non-citizens) in Estonia, can thus be subject to scrutiny of ECRI.
661
662
663
664
665
See also CoE, ‘ECRI – European Commission against Racism and Intolerance’ (2019) <https://rm.coe.
int/leaflet-ecri-2019/168094b101> accessed 28 May 2021.
ECRI General Policy Recommendation No. 13 (revised) on Combating Anti-Gypsyism and
Discrimination against Roma (adopted on 24 June 2011 and amended on 1 December 2020) <https://
www.coe.int/en/web/european-commission-against-racism-and-intolerance/recommendation-no.13>
accessed 28 May 2021.
ECRI General Policy Recommendation No. 16 on Safeguarding Irregularly Present Migrants from
Discrimination – adopted on 16 March 2016 <https://www.coe.int/en/web/european-commissionagainst-racism-and-intolerance/recommendation-no.16> accessed 28 May 2021.
Lanna Yael Hollo, ‘The European Commission against Racism and Intolerance (ECRI)’ in Gauthier
de Beco (ed), Human Rights Monitoring Mechanisms of the Council of Europe (Routledge Research in
Human Rights Law, Routledge 2013) 127–149, 127.
ECRI, ‘ECRI Report on Estonia (Fift h Monitoring Cycle)’, CRI(2015)36, para 85–86 <https://rm.coe.
int/fi ft h-report-on-estonia/16808b56f1> accessed 28 May 2021.
Intersentia
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