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Managing Europe's increasing cultural diversity - rooted in the history of our continent and enhanced by globalisation - in a democratic manner has become a priority in recent years. The White Paper on Intercultural Dialogue - "Living together as equals in dignity", responds to an increasing demand to clarify how intercultural dialogue can enhance diversity while sustaining social cohesion. The White Paper that our common future depends on our ability to safeguard and develop human rights, as enshrined in the European Convention on Human Rights, democracy and the rule of law, and to promote mutual understanding and respect. It concludes that the intercultural approach offers a forward-looking model for the management of cultural diversity.
International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies
The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.
The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes "hate speech" is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.
Islamophobia can be defined as the fear of or prejudiced viewpoint towards Islam, Muslims and matters pertaining to them. Whether it takes the shape of daily forms of racism and discrimination or more violent forms, Islamophobia is a violation of human rights and a threat to social cohesion. Young people are of course not immune to this. Young men and women are obviously affected when they become targets of Islamophobic attacks and abuse. But, just as importantly, they are also concerned by the general rise in discrimination and xenophobia, whether it be active or passive. At this seminar held in Budapest in June 2004, Islamophobia was discussed within the wider context of racism and discrimination in Europe, in new and old forms. The discussions also covered the troubling resurgence of Anti-Semitic attacks, Romaphobia and segregation of Roma communities and persistent forms of discrimination against visible minorities.The report of Ingrid Ramberg provides a personal account of the issues raised at the seminar as well as a very useful documentation of the presentations, workshops and debates. It also includes a series of policy recommendations aimed at preventing Islamophobia and fostering intercultural respect and coopération.
Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideals calls for a new ethic of responsible intercultural relations, in Europe and in the World. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.
A new Council of Europe reference framework of competences for democratic culture! Contemporary societies within Europe face many challenges, including declining levels of voter turnout in elections, increased distrust of politicians, high levels of hate crime, intolerance and prejudice towards minority ethnic and religious groups, and increasing levels of support for violent extremism. These challenges threaten the legitimacy of democratic institutions and peaceful co-existence within Europe. Formal education is a vital tool that can be used to tackle these challenges. Appropriate educational input and practices can boost democratic engagement, reduce intolerance and prejudice, and decrease support for violent extremism. However, to achieve these goals, educationists need a clear understanding of the democratic competences that should be targeted by the curriculum. This book presents a new conceptual model of the competences which citizens require to participate in democratic culture and live peacefully together with others in culturally diverse societies. The model is the product of intensive work over a two-year period, and has been strongly endorsed in an international consultation with leading educational experts. The book describes the competence model in detail, together with the methods used to develop it. The model provides a robust conceptual foundation for the future development of curricula, pedagogies and assessments in democratic citizenship and human rights education. Its application will enable educational systems to be harnessed effectively for the preparation of students for life as engaged and tolerant democratic citizens. The book forms the first component of a new Council of Europe reference framework of competences for democratic culture. It is vital reading for all educational policy makers and practitioners who work in the fields of education for democratic citizenship, human rights education and intercultural education.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Immerse yourself in the history of the Council of Europe, from its creation in 1949 to the challenges it has to address today. This comprehensive book traces the development of this pioneering and emblematic organisation and invites you to discover the key moments and challenges it has faced. In the aftermath of the Second World War, the Council of Europe was established in Strasbourg with the objective of promoting and safeguarding human rights, democracy and the rule of law throughout Europe. It has created a common democratic and legal area by drawing up more than 200 conventions covering all aspects of daily life. At its heart is also the European Court of Human Rights, guardian of fundamental freedoms and a flagship institution whose judgments are binding on the member states. Find out more about the Court’s landmark decisions, major reforms and how it has responded to changes in society. The Council of Europe has forged close ties with the European Union, working in tandem on many projects to strengthen justice, safety and human rights. This work analyses the complementary and competitive nature of this strategic partnership and the expectations around it. Throughout the history of the Council of Europe, there have been many great achievements but also crises and controversies. This book provides a detailed analysis of the turbulent times the Organisation has faced, from integrating new members to dealing with internal challenges, political pressures and external conflicts, and delves into the strategies it has adopted to address them. History of the Council of Europe, 75 years of European co-operation is essential reading for anyone wishing to understand the development of this key European institution, its achievements, trials and tribulations, and the impact it has had on Europe and its people. The author: Birte Wassenberg is Professor of Contemporary History at the Institute of Political Studies (IEP), University of Strasbourg. A graduate of the College of Europe, she holds a Jean Monnet Chair and is Director of the Franco-German Jean Monnet Centre of Excellence. Her research focuses on border studies and the history of European integration.