The European Court of Human Rights has always defended the idea that freedom of expression has an essential role to play in a democratic society, helping to foster the development of an open, tolerant society in which human rights are respected. Freedom of expression is not absolute and unconditional, however; there are certain limits which must be respected. How can racist, xenophobic propaganda be proscribed without trespassing on individual freedom of expression? How can a suspect's right to be presumed innocent be protected without placing restrictions on the public's right to information? Where should we draw the line concerning the criticism of politicians by the media? It is by answering these and many similar questions over a period of almsost fifty years that the European Court of Human Rights has developed its case-law in respect of Article 10 of the European Convention on Human Rights, presented in summary form in this book.
What international and European legal instruments protect the right to social security? What are the obligations which states have assumed under these instruments? How is their application monitored? What are the trends in national legislation in relation to the standards of the European Code of Social Security and its protocol, the main Council of Europe instruments in the social security field? Is social security considered as a human right and how has the case law of the European Court of Human Rights developed in this area? These are some of the key issues addressed in this publication, where the code and its protocol are viewed against the background of other standard-setting instruments, developments at national level and human rights.
Over 800 million Europeans can individually obtain a ruling from a European court against their State if it has violated their human rights. There is an assembly in Strasbourg where members of the Icelandic, Russian, Portuguese, German, Georgian and other European parliaments all sit together. A Congress exists whose sessions are attended by representatives of 200 000 local and regional authorities of Europe. All these statements relate to the Council of Europe, the first of the European institutions to be founded. Now 47 member states strong, the Council - which is to celebrate its 60th anniversary this year - has become one of the main institutions of intergovernmental co-operation. This book looks at the political role of the Council of Europe, which is now not only a forum for democracy and a gage of stability, the home of human rights and the forum of cultural diversity, but also the crucible of Europe and the future for politics. The author examines all that is specific to the Council of Europe within the European architecture, particularly vis-á-vis the European Union. This book is essential reading for anyone wishing to study the Strasbourg-based Council of Europe, understand how it operates and find out about the contribution that it makes.
This volume of the "Yearbook of the European Convention on Human Rights," prepared by the Directorate of Human Rights of the Council of Europe, relates to 2001. Its presentation follows that of previous volumes. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A bibliography and index are included.
If we are to build an inclusive institutional culture within the increasingly pluralist societies of 21st century Europe, focusing solely on the development of skills and knowledge is not enough. There have to be changes in the way in which administrative authorities and the organisations providing services to the public view their role and in the action they take. While it is essential for migrants to learn the language of their host country, understanding the codes of conduct, standards, allegiances, rules and exceptions is perhaps an even greater challenge. This clearer understanding of the institutional fabric is an inevitable part of what is termed "integration" and also applies to minorities. Since this process does not occur unassisted, this guide puts forward a number of proposals to help acquire the institutional skills which are vital for understanding, dialogue, guidance, negotiation and conflict resolution, to name but a few. These are all aspects inherent in interaction processes and essential for respecting diversity. This guide is an indispensable tool for public and private operators, social workers, mediators and all other stakeholders aware of the need to incorporate these aspects into their exchanges, particularly when rights and human dignity are at stake. This will help nurture confidence in public institutions and avoid the development of fear or any other barrier which could lead to unequal access - or indeed no access - to social, health-care or other services. Through this work, the Council of Europe reminds us that in pluralist societies the most effective guarantee of successful integration and harmonious co-existence is social justice.
European wood heritage is a living tradition still in use in some regions of Europe but also represents one of the most threatened forms of cultural expression. This publication contains a number of papers presented at a series of transnational meetings organised by the Council of Europe to examine traditional building methods and compare experience and techniques on preserving this form of cultural heritage. It seeks to raise awareness of the social and economic value of wooden traditions in local communities throughout Europe.
This publication contains papers presented at a conference, held in November 2004 in Barcelona and organised by the Council of Europe. The purpose of the conference (held to mark the end of the three-year integrated project "Making democratic institutions work") was to discuss issues relating to the challenges and opportunities facing governments in Europe to strengthen democratic reform and encourage greater public participation. Topics covered include: promoting inclusive elections; financing of political parties; popular initiatives and referendums; and how modern communication technologies can affect the democratic process.
The Diversity Youth Forum was organized at the European Youth Center within the framework of the "All Different -All Equal" European youth Campaign for Diversity, Human Rights and Participation. The forum identified key issues and objectives related to diversity, human rights and participation from the point of view of young people. The forum participants issued a Final Declaration with the conclusions and recommendations of the participants. This report documents the presentations and results of the debates during the four days of the activity.--Publisher's description.
This report describes all the work carried out in 2004 by the Council of Europe's bodies and in its various areas of activity.Following Monaco's accession on 5 October, the Council of Europe has forty-six member states. It has virtually completed its enlargement - only Belarus is still not a member, due to its lack of respect for human rights and democratic principles.From the Rose Revolution in Georgia to the Orange Revolution in Ukraine, from the ethnic violence in Kosovo in March to the various conflicts that were more or less deadlocked on the borders of several member states, a number of major developments prompted the Council of Europe to intervene and take action in 2004. A few months after the terrorist attack in Madrid, the Beslan tragedy strengthened the Organisation's determination to combat terrorism, a responsibility that is now assigned to a specialist Committee, the Codexter.
The European ministerial conference on human rights, meeting in Rome on the 50th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms, emphasised two crucial elements: - the responsibility of member states, Parties to the Convention, to ensure constantly that their law and practice conform to the Convention and to execute the judgments of the European Court of Human Rights; - that urgent measures be taken to assist the Court in carrying out its functions, given the ever increasing number of applications. An in-depth reflection should be started as soon as possible on the various possibilities and options with a view to ensuring the effectiveness of the Court in the light of this new situation. The Rome conference has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention. This work has benefited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.
What laws should states enact to protect and promote their cultural heritage, and what administrative systems can they put in place to manage their cultural heritage policies most effectively? This revised and expanded guidance document aims to provide authoritative information on good practice in three primary areas: - the architectural heritage; - the archaeological heritage; and - the movable heritage. Consideration is given to integrated approaches to conservation, in particular those which take into account the global concept of sustainable development and the need for community involvement in formulating legal and institutional mechanisms. This publication is part of a series launched in 2000 on topics of general interest, based on experience acquired through pilot projects in different countries, and made available to all those involved in heritage in the member states of the Council of Europe.
The law of the Council of Europe Convention on Human Rights relating to aliens has developed significantly over recent time. In 25 years the number of contracting States has doubled and the scope of rights and freedoms guaranteed under the convention has broadened with the adoption of new protocols. It is against this backdrop that The Position of Aliens in Relation to the European Convention on Human Rights is re-examined in a third edition.
This publication discusses four specific monitoring bodies, namely the Advisory Committee on the Framework Convention for the Protection of National Minorities, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Commission against Racism and Intolerance, and the European Committee of Social Rights. By assessing and comparing the monitoring procedures and standard-setting activities of these expert bodies, the authors make an essential contribution to the discourse on the Council of Europe's role with regard to human rights. This book constitutes a rich source of information on the dialogue between the four committees and European states. It is addressed to practitioners, diplomats and decision makers at national level to deepen their understanding of the aims and functioning of Council of Europe monitoring mechanisms. Students and academics will gain a comprehensive insight into the legal base mandates and procedures.
The International Seminar on Education for Democratic Citizenship (EDC) Policies and Regulatory Frameworks, which took place in Strasbourg December 6th and 7th 2002, revolved around three main objectives: to review policies and practices in the EDC field in Europe, to facilitate European co-operation for EDC policy-making and implementation between countries, national and international organisations and practitioners, and to draw up proposals for the future development of education for democratic citizenship.In this report, Karen OShea summarises the keynote addresses of the seminar and the results of the working groups. She also presents her own synthesis and analyses of discussions and conclusions.
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