Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.
European citizenship is still a contested concept, bringing together two notions and therefore two different debates: one around Europe and European identity, And The other related to citizenship and non-citizenship. Europe, In an ongoing process of construction, should be shaped and defined by its citizens. Young people in particular have a special interest in and concern about what kind of Europe they want to live in. it is therefore important to reflect on how European citizenship and debates around European identity could help and empower young people to actively contribute to building Europe. The essays collected here address this issue. They present the debates and findings of the research seminar entitled "Young People and Active European Citizenship" organised by the Youth Partnership between the Council of Europe And The European Commission. European citizenship remains one of the main priorities of this partnership.
This convention aims to prevent the sexual exploitation and sexual abuse of children, protect child victims of sexual offences and prosecute perpetrators. With an emphasis on respecting the rights of children and keeping their best interests in the forefront, the convention covers preventive measures; criminal offences, including several entirely new offences, such as 'child grooming'; protective measures and assistance to child victims and their families; 'child-friendly' procedures for investigation and prosecution which are adapted to children's special needs; intervention programmes or measures for child sex offenders; recording and storing of data on convicted sex offenders; international co-operation and a monitoring mechanism."--Book jacket.
This volume analyzes the effectiveness of the judicial protection of children's rights within the Council of Europe. The extent to which common standards have been developed by the courts in implementing children's rights is examined both from the perspective of the European Court of Human Rights and the judgments of the highest national courts within the member states of the Council of Europe. Further analysis is made of the Council of Europe's Social Charter and the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.--Publisher's description
Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property. Contributors to Who Owns the Past? include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview of the development of cultural property law and practices, as well as recent case law affecting the ability of museums and private collectors to own art from other countries. Topics covered include rights to property, ethical ownership, the public responsibilities of museums, threats to art from war, pillage, and development, and international cooperation to preserve collections in the developing world. Engaging all perspectives on this debate, Who Owns the Past? challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage.
Once considered an exclusively internal affair, international organisations have, over the last few decades, become increasingly involved in the management of ethnopolitical conflicts and have been active in attempts to prevent and/or resolve them. This book presents a series of studies covering the work of eight different organisations active in central and eastern Europe: the Organization for Security and Co-operation in Europe; its High Commissioner on National Minorities; the North Atlantic Treaty Organization; the United Nations Development Programme and Office for the Coordination of Humanitarian Affairs; the Council of Europe; the European Union; the Stability Pact for South Eastern Europe; and the World Bank. A further chapter considers the role of non-governmental organisations. The studies consider the varying approaches adopted by these institutions and illustrate the ways in which these differ from and complement one another. The assessment covers both the preventive and reactive sides of conflict management, and provides valuable lessons for similar activities in the future, both in the region and beyond.
This Convention aims to prevent trafficking in human beings, protect victims of trafficking and prosecute traffickers. Its comprehensive scope of application encompasses all forms of trafficking (whether national or transnational, linked or not to organised crime) and covers all victims of trafficking (women, men and children) as well as all forms of exploitation. With an emphasis on the human rights of victims of trafficking, the Convention contains measures to ensure the proper identification of victims, their assistance and protection as well as their compensation. It also contains measures to ensure the effective investigation and prosecution of traffickers. In addition, it sets out measures to promote international co-operation and partnerships with civil society. Finally, it provides for a mechanism to monitor compliance with the obligations it contains.
During the 1990s, nowhere was the virus of militant ethnic nationalism more deadly than in the Balkans. America and its allies ultimately played an indispensable role stopping atrocities and creating conditions for sustainable peace; now, after a decade of extensive involvement, the international community is looking to wind down its commitment in the region. The Center for Preventive Action, a conflict prevention initiative of the Council on Foreign Relations, formed this Independent Task Force to develop tangible and practical recommendations to put the Balkan states irreversibly on the path toward integration with Europe, and to allow the international community to reduce its presence in an orderly fashion by 2010. The Task Force's key recommendations include: first, the European Union taking the lead on the Balkans, but with American leadership and partnership to ensure that U.S. interests -- particularly in the areas of military reform and the combating of organized politico-criminal syndicates that undermine regional and even global security -- are safeguarded; second, shifting the priorities of international and local actors toward the standards of the European Union and NATO accession plans, and using conditionality -- "carrots and sticks" -- by the international community to achieve its priorities; third, increasing investment and trade in the Balkans through banking-sector reform, privatization of state- or publicly owned corporations, private-sector development, and legislative and judicial action on property rights. The Task Force included senior experts on the Balkans and U.S. foreign policy from a cross-section of think tanks, government, the military, international organizations, academia, and the business community. Book jacket.
Many people in Europe are stigmatised because of their sexual orientation or gender identity and cannot fully enjoy their universal human rights. Some of them are victims of violence, others have fled to Europe from countries where they risk being persecuted. Organisations representing lesbian, gay, bisexual and transgender (LGBT) persons have been denied registration or banned from organising peaceful meetings in some states in Europe. Too few politicians have taken a firm stand against homophobic and transphobic expressions, discrimination and violence.This report presents the results of the largest socio-legal study ever carried out on discrimination on grounds of sexual orientation and gender identity in the 47 member states of the Council of Europe. Six thematic chapters give a broad overview of the human rights situation of LGBT persons and recommendations are provided for developing and implementing effective measures to address discrimination.The report is intended as a tool for dialogue with authorities and other stakeholders. It constitutes a baseline study for further action in both legislative and policy fields to ensure that all LGBT people can effectively exercise their 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 publication details the activities of the Council of Europe during 2005, including the work of the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities, the European Court of Human Rights and the Commissioner for Human Rights. The highlight of the year was the third Summit of Heads of State and Government, held in Warsaw in May 2005, and four main themes emerged from the summit: to further promote common fundamental values (human rights, the rule of law and democracy); to make Europe a safer place by eradicating torture and inhuman and degrading treatment; to eliminate all forms of discrimination thus creating a more inclusive Europe; and to foster co-operation with other international and European organisations and institutions.
After 11 September 2001, the Council of Europe undertook to identify gaps in international law and action with a view to contributing to the efforts of the international community against terrorism. As a result, it drew up the new Convention on the Prevention of Terrorism which was opened for signature at the 3rd Summit of Heads of State and Government of the Council of Europe in May 2005. The convention aims at enhancing states' efforts to prevent terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, by measures to be taken at national level and through international co-operation. It defines three new principal offences: public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, which are considered to be terrorist offences in so far as they are connected with the possible perpetration of the offences included in the international conventions against terrorism. Furthermore, it contains several provisions concerning the protection of human rights and fundamental freedoms, including grounds for refusal of extradition and mutual assistance and a provision on the protection of the victims of terrorism. This publication contains the text of the convention and its explanatory report, which is intended to facilitate the reader's understanding of the convention and its operation.
How do institutions such as the European Union, the Council of Europe and the United Nations address youth policy, and how can this work be concretely linked to the efforts of a national government to develop a youth policy agenda? This manual proposes one possible model for how a national youth policy strategy can be developed. It is based on the author's observations from the countries of southeastern and eastern Europe, as they gain experience in addressing youth policy in a transversal and cross-sectorial manner and with the active involvement of young people.--Publisher's description.
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