The Commissioner is an independent institution created under the Resolution of the Committee of Ministers (99)50 of May 7, 1999. The Commissioner is elected by the Parliamentary Assembly of the Council of Europe on the basis of a list of three candidates drawn up by the Committee of Ministers and holds office for a six-year, nonrenewable term.

A total of five Commissioners (2024) have served since the creation of this institution to promote effective respect for human rights, support the 46 member states in implementing the CoE's human rights standards, and promote human rights education and awareness.

The Commissioner's main activity is to conduct an ongoing dialogue with member state governments, including making visits to their respective territories. At the end of the visit, the Commissioner prepares a report that includes both an analysis of human rights policies and their effective implementation and detailed recommendations for their improvement; this report is published. In addition, the Commissioner may conduct follow-up visits to assess progress in implementing previous recommendations; follow-up reports are also subsequently made public. The Commissioner has the power to intervene as amicus curiae in proceedings before the European Court of Human Rights, in accordance with Article 36(3) of the European Convention on Human Rights, and to submit written observations.