Compendium of Standards, Good Practices and Recommendations
Whistleblowing
As mentioned above, the Committee of Ministers of the Council of Europe has recommended
that member states have in place a normative, institutional and judicial framework to
protect individuals who, in the context of their work, report or disclose information on
threats or harm to the public interest.220 Although the recommendation allows states to
determine the scope of protections (especially in the areas of, among others, defence and
national security), such protections should at least cover public interest disclosures by
individuals working in both the public and private sectors concerning “violations of law and
human rights, as well as risks to public health and safety, and to the environment”.221 Clear
channels should be in place for public interest reporting and disclosures. Depending on the
circumstances, these should include reports within an organization or enterprise (including
to persons designated to receive reports in confidence), reports to relevant public regulatory
bodies, law enforcement agencies and supervisory bodies, and disclosures to the public,
such as to a journalist or a member of parliament.222 Whistle-blowers should be entitled to
confidentiality and not have their identity revealed, and should be able to exercise their
fair trial rights.223 Moreover, the Council of Europe Committee of Ministers has further
underscored the importance of protecting whistle-blowers from “retaliation of any form,
whether directly or indirectly, by their employer and by persons working for or acting on
behalf of the employer”.224
220
Council of Europe, “Recommendation CM/Rec(2014)7”, op. cit., note 199.
221
Ibid., para.2.
222
Ibid., paras.13 and 14.
223
Ibid., para. 18.
224
Ibid., para. 21.
103
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