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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