Freedom of expression is not absolute, even though it is a fundamental right enshrined in the European Convention on Human Rights. Under the terms of the Article 10 of the Convention, its exercise may be subject to such restrictions as are prescribed by law and are "necessary in a democratic society" in order to uphold the rights of all individuals.
The author compares and analyses the protection of and limits on the right to freedom of expression in the case law of European constitutional courts and the European Court of Human Rights, drawing on practical examples, to see whether a common European approach exists in this area.
This report analyses the jurisprudence of the European Court of Human Rights in terms of the promotion of cultural diversity, as championed by the Council of Europe particularly through its "White Paper on Intercultural Dialogue" (2008). The Court's views on the governance principles and preconditions of intercultural dialogue - and particularly the case law on freedom of thought, conscience and religion, freedom of expression and freedom of association and assembly - provide guidelines for politicians, academics and practitioners alike.
Taking groups of students to the Auschwitz-Birkenau Memorial and Museum is a heavy responsibility, but it is a major contribution to citizenship if it fosters understanding of what Auschwitz stands for, particularly when the last survivors are at the end of their lives. It comes with certain risks, however.
This pack is designed for teachers wishing to organise student visits to authentic places of remembrance, and for the guides, academics and others who work every day with young people at Auschwitz.
There is nothing magical about visiting an authentic place of remembrance, and it calls for a carefully thought-out approach. To avoid the risk of inappropriate reactions or the failure to benefit from a large investment in travel and accommodation, considerable preparation and discussion is necessary before the visit and serious reflection afterwards. Teachers must prepare students for a form of learning they may never have met before.
This pack offers insights into the complexities of human behaviour so that students can have a better understanding of what it means to be a citizen. How are they concerned by what happened at Auschwitz? Is the unprecedented process of exclusion that was practised in the Holocaust still going on in Europe today? In what sense is it different from present-day racism and anti-Semitism?
The young people who visit Auschwitz in the next few years will be witnesses of the last witnesses, links in the chain of memory. Their generation will be the last to hear the survivors speaking on the spot.
The Council of Europe, the Polish Ministry of Education and the Auschwitz-Birkenau Memorial and Museum are jointly sponsoring this project aimed at preventing crimes against humanity through Holocaust remembrance teaching.
Migration to and within Europe has profoundly changed the life and image of the continent. This guide offers theoretical and practical tools for an innovative approach to a key political issue: how, along with our immigrant fellow-citizens, can we build a fair and plural society that ensures the well-being or all?
By moving beyond rigid categories like "foreigner", "immigrant" and "illegal , and ambiguous concepts like "identity", "diversity , "immigration control and "integration", this guide suggests that policy makers, civil servants and citizens need to question their own vocabulary if they are to grasp the complexity and uniqueness or people's migration paths.
Perceiving migrants simply from the host country's point or view - the security, well-being and life-style of its nationals - has limitations. We cannot see people of foreign origin only as a threat or a resource to be exploited. If we see them as stereotypes, we are seeing only a mirror of European fears and contradictory aspirations. This guide helps readers decode and address the structural problems of our society, looking at the accusations made against migrants and the utilitarian view or the advantages that immigrants bring to host societies.
In publishing this guide, the Council or Europe is seeking to initiate an in-depth debate on the migration issue, which is so high on the European political agenda.
This is the third book in the Pestalozzi series. The first, Teacher education for change, dealt with the underlying philosophy of the Pestalozzi Programme and its approach to education in general and teacher education in particular. The second Intercultural competence for all, looked at the various implications of promoting the development of intercultural competence as a main concern of mainstream education.
This work takes a step further towards the full integration of intercultural competences as a key element within the education system. It aims at offering an educational rationale and conceptual framework for the development of intercultural competence, as well as a clear description of its constitutive elements to be developed in and through education.
With the rise of the Internet, the opportunities to express oneself have grown exponentially, as have the challenges to freedom of expression. From the Arab Spring to the global Occupy movement, freedom of expression on the Internet has had a profound impact on the debates which shape our future. At the same time, an increasing number of states use the Internet to spy on journalists and citizens, to prosecute and jail bloggers, and to censor online information.
This book sets out to answer essential questions regarding the extent and limits of freedom of expression online. It seeks to shed light on the often obscure landscape of what we are allowed to say online and how our ideas, and the process of imparting and receiving information, are protected.
It shows the large ambit of rights protected by freedom of expression - including freedom of the media and the right to access information via the Internet. It also highlights the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations, with a chapter on relevant national practices that illustrates how different states deal with the challenge that the Internet has brought to ensuring freedom of expression for all. As the importance of the Internet in our daily lives grows, readers will find this book to be a valuable resource for understanding the rights and obligations of each actor on the Internet, including states, Internet companies and civil society.
The Revised European Convention on the" Adoption of Children (RECAC) was introduced by the Council of Europe in 2008, in an effort to provide a modern framework for the adoption of children. It represents an international consensus on acceptable child adoption, reflecting the different views, legal diversity and common heritage of member states.
This book provides an in-depth analysis and commentary on each of the 30 articles of the revised convention. It is a comprehensive work which explores the changes and developments that have taken place since the 1967 Convention on the Adoption of Children first emerged. It is a detailed, one-stop source for judges, social workers, legislatures and adoption practitioners on all aspects of the RECAC. This clear and incisive text is divided into three parts, commencing with an overview of the convention, followed by an examination of the general principles and concluding with the final clauses.
Political rhetoric on human rights in Europe is different from daily reality. Almost every politician is on record as favouring the protection of freedom and justice. Standards on human rights have been agreed at European and international level; many have been integrated into national law; but they are not consistently enforced. There is an implementation gap. It is this implementation gap that this book seeks to address. It is built on a compilation of separate "viewpoints" or articles which Thomas Hammarberg has written, and later updated, since beginning his mandate as Council of Europe Commissioner for Human Rights in April 2006. He has now visited almost all of the 47 member states of the Council of Europe. On each visit he has met victims of violations of human rights and their families, leading politicians, prosecutors, judges, ombudsmen, religious leaders, journalists and civil society representatives as well as inmates of prisons and other institutions, law enforcement personnel and others. The "viewpoints" written on the basis of these many visits summarise his reflections, conclusions and recommendations.
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.
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.
Not by bread alone gathers essays on higher education, including some written especially for this book. They cover three key areas: the missions of higher education, public responsibility and qualifications. Together, these essays spell out a view of higher education as a key factor in developing modern societies built on the fundamental Council of Europe values of democracy, human rights and the rule of law. They also underline the key role of higher education in developing the ability of our societies to conduct intercultural dialogue.
To fulfil its role, higher education needs to prepare for citizenship as well as for employment, for personal development as well as for the development of a broad knowledge base. Our vision of higher education and its multiple purposes must be reflected in the way we view qualifications. We also need to take a close look at how the public responsibility for higher education and research can best be exercised in a society with many actors, all of which have their own legitimate agendas. In this situation, public authorities have an overall responsibility for coherent education policies.
Inequality limits young people's chances in life. Yet equality is the basis of democracy and Article 14 of the European Convention on Human Rights secures the rights and freedoms of the young "without discrimination on any ground".
Research shows that inequality - in opportunities, wealth or health, for example - is widespread in Europe and that the citizens of richer countries do not necessarily have healthier profiles than those of poorer countries. The citizens of egalitarian countries, on the other hand, have the highest life expectancy.
This book examines many aspects of inequality and opportunity for young people including schooling, employment, social exclusion, labour migration, trafficking, disability, cultural and religious discrimination, youth work, and opposition and resistance.
Dit voorleesverhaal legt kinderen De Ondergoedregel uit. Zo leren ze spelenderwijs waar zij wel aangeraakt mogen worden en waar niet. Wilt u meer weten over dit onderwerp ga dan naar www.ondergoedregel.nl
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.
Protecting children from sexual violence - A comprehensive approach is a collection of highly readable expert papers for both child professionals and the general public. It is divided into five parts, presenting a European overview and covering the existing legal frameworks; abuse prevention and reporting; rehabilitation and social reintegration of victims; sexual violence on the Internet; and public and private partnerships against abuse. It also sheds light on the little-known problem of children who are sexually abusing other children.
In addition to providing thorough information on the many facets of this complex subject, this publication also highlights new concepts, facts and recommendations. Foremost is the significant lack of data on the prevalence and nature of sexual violence in Europe, underscoring the need for co-ordinated pan-European research and information gathering, which are vital to effective policy making and programme design. It also sounds the alarm for urgent co-ordinated action in various fields to drastically improve child protection through awareness raising; targeted and specialised training, intervention and therapy programmes; sex education in schools; responsible family attitudes; and justice systems with tighter abuse laws and which take account of children's special needs as reliable witnesses.
Protecting children from sexual violence is published as part of the Council of Europe campaign to stop sexual violence against children. The hope is that this publication will inspire judges, the police, educators, governments, the media and legislatures to join the campaign and expose, demythify and take concerted action to combat sexual violence against children, a phenomenon that affects as many as 20% of children in Europe.
Is an online identity protected by freedom of expression or is it a form of publicity subject to trademark law? Is online privacy a commercial service or a public right? What are the limits of consent when dealing with privacy as a service? What are "free", "open", or "public" services on the Internet and how can citizens use them effectively? What policy initiatives can ensure that the digital networks deliver the goods, spectacles and services for our everyday activities that improve our quality of life? What role for governments, the private sector and civil society? What frameworks for international policy instruments to achieve a fair, inclusive and balanced governance of the media as they go digital?
This work addresses these burning issues - and many more - that preoccupy decision makers, researchers and activists at all levels of society. It covers the issues of dignity, ethics, identity, privacy, cultural diversity, public service, gate-keeping and education in an encompassing human rights-based governance framework. Considering the perils and promises of each issue, the authors make constructive recommendations, insisting on the relation between local and global governance, the public value of media and digital networks and the benefits of multi-stakeholder partnerships.
Anti-money laundering and countering the financing of terrorism (AML/CFT) continues to be a dynamic subject area. Dirty money has again been revised and expanded to keep pace with international developments over recent years, and this is the fourth edition.
Since the third edition, all countries in the Financial Action Task Force (FATF) and MONEYVAL, the Council of Europe's primary AML/CFT monitoring arm, have been subject to detailed evaluation under the 2003 FATF recommendations. This edition explains how the interdependent network of global assessment bodies works to identify countries which pose threats to the global financial system. The European Union's third directive has been brought into force since the last edition and its provisions are fully analysed. This edition also explains how the most recent Council of Europe treaty in this area, the Warsaw convention, which came into force in 2008, can assist states to achieve more effective money laundering investigations and prosecutions, as well as deterrent confiscation orders.
This book, as with the previous editions, is designed for a wide audience, not only actors in national AML/CFT systems in both the public and private sectors, but also all those who simply wish to be better informed about how the international community continues to fight these truly global threats.
Le 50e anniversaire de la Charte sociale européenne est l'occasion de dresser un bilan exhaustif et éclairant sur un des traités fondamentaux du Conseil de l'Europe.Quelle est son origine ? Quels sont les Etats concernes ? Quels sont ses atouts ? Quels sont les nouveaux enjeux que la Charte doit prendre en compte ?Cet ouvrage dynamique et accessible permettra au lecteur de mieux connaitre un texte essentiel pour la défense des droits de l'homme en Europe et ailleurs.
What is the main role for teachers today? Why is the Council of Europe dealing with education, and teacher education in particular? How is educational thinking guided by visions of a future society desirable for all?
How, in the midst of a fierce battle for curriculum time, can education for human rights, democracy and mutual understanding be embedded in the existing curricula?
What are the values underlying our educational visions?
The aim of this publication is to offer a few answers to these and many other questions. Above all, its purpose is to contribute to the ongoing debate, more necessary than ever, on the role of teachers and teacher education in the broader context of teaching and learning for a sustainable democratic society.
How are the problems associated with different psychoactive substances, illicit drugs, alcohol and tobacco described? How is the nature of the "problem" shaped by research evidence, media coverage, cultural mores and social, economic and political considerations? To what extent does policy reflect a consistent approach to different psychoactive substances? What objectives do policies on drugs, alcohol and tobacco pursue? Do the structures in place support the co-ordination and/or integration of these policies?The issue of psychoactive substance policies (and beyond) is currently at the forefront of policy making in a number of countries, including those participating in this study, together with the issue of how such a policy may be implemented in a coherent manner. Continuing the work carried out in two previous publications, "From a policy on illegal drugs to a policy on psychoactive substances" (2008) and "Towards an integrated policy on psychoactive substances: a theoretical and empirical analysis" (2010), this work attempts to put into perspective the salient points of what mey be termed a coherent policy on psychoactive substances and beyond. It proposes six indicators, around which the concept of coherency is articulated: conceptualisation, policy context, legislative and regulatory framework, strategic framework, responses/interventions, and structures and resources.The results of this study may be a surprise to some in the field, and tie in with broader efforts by the European Union and the Organisation for Economic Co-operation and Development in the sphere of policy coherence for development.
What role do the people play in defining and developing human rights?This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford.The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Can national minorities' participation in decision-making processes be achieved in any constitutional context ? Can developing international standards assist governments in devising national policies? What are the challenges if states are to use cultural autonomy to improve minority participation? This publication presents The UniDem Seminar on "The participation of minorities in public life", which took place in Zagreb on 18 and 19 May 2007, discussed ways of answering these topical questions.
This publication contains the reports presented and discussed at the UniDem Seminar organised by the European Commission for Democracy through law (the Venice Commission), under the patronage of the President of the Republic of Croatia and in cooperation with the Ministry of Foreign Affairs and European Integration of the Republic of Croatia, the University of Zagreb and the University of Glasgow.
After the collapse of state socialism at the end of the 1980s, young people in Eastern Europe began to play a dramatically different role in society. Once cast as the vital, reinvigorating protagonists of the communist ideal, they emerged as promoters of democratisation and agents of a now hegemonic market system. Twenty years after the fall of the Berlin Wall in November 1989, an event symbolising both the lifting of the Iron Curtain and the end of the Cold War, an international seminar was held in Budapest to discuss how the opening of eastern European societies to western Europe and the world had changed the living conditions and experiences of young people growing up in the region.This collection of essays, based on this seminar, examines the circumstances of young people in eastern Europe before and after 1989 from a variety of angles: their transition to adulthood; their living conditions; the scope they have for social participation; the way in which they construct their identities and constitute and represent current social realities; their cultures and genders; and the interplay of continuities and discontinuities around this historic watershed.This book, which pays particularly close attention to the relationship between research, policy and practice, is an invaluable tool for anyone wishing to achieve a deeper understanding of young people in Eastern Europe today.
The media play a crucial role in the protection of human rights. They expose human rights violations and offer an arena for different voices to be heard in public discourse. Free, independent and pluralistic media are a core element of any democracy. However, the power of the media can also be misused to the extent that the very functioning of democracy is threatened. Some media outlets have been turned into propaganda megaphones for those in power. Others have been used to incite xenophobic hatred and violence against minorities and other vulnerable groups.Now the phenomenon of social media presents us with a range of fresh challenges. Blogs, video and social networking sites have become a key forum for political debate and organisation - so much so that they have provoked counter-responses from some repressive states. While there is a need to ensure better protection of personal integrity in social media, the right to freedom of expression must not be undermined.The purpose of this publication is to contribute to a more thorough discussion on media developments and their impact on human rights in a constantly changing media landscape. Eight experts were invited to contribute their personal assessments of trends and problems. They have not shied away from addressing controversial issues or providing far-reaching suggestions. Together their texts indicate that there is a need for stronger protection of media freedom and freedom of expression in Europe today. These are clearly topics of paramount importance which demand serious public debate.