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Guidelines “Human Rights in Culturally Diverse Societies

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Guidelines “Human Rights in Culturally Diverse Societies Human rights in culturally This updated publication contains the Committee of diverse societies Ministers’ Guidelines to member States on the protection and promotion of human rights in culturally diverse societies, the Compilation of Council of Europe standards relating to the principles of freedom of thought, conscience and religion and links to other human rights, as well as the Proceedings of the High-level Seminar on human rights in culturally diverse societies (Strasbourg, 13-14 June 2017). Human rights in culturally diverse societies diverse in culturally Human rights hoto: ©Shutterstock hoto: PREMS036117 – P ENG The Council of Europe is the continent’s leading 3 Guidelines adopted by the Committee of Ministers human rights organisation. It comprises 47 member states, 28 of which are members of the European 3 Compilation of Council of Europe standards Union. All Council of Europe member states have 3 Proceedings of the High-level Seminar signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states. HR-culturally-diverse-societies-en.book Page 1 Wednesday, June 8, 2016 4:55 PM HUMAN RIGHTS IN CULTURALLY DIVERSE SOCIETIES GUIDELINES ADOPTED BY THE COMMITTEE OF MINISTERS AND COMPILATION OF COUNCIL OF EUROPE STANDARDS Council of Europe HR-culturally-diverse-societies-en.book Page 2 Wednesday, June 8, 2016 4:55 PM French edition: Droits de l’homme dans les sociétés culturellement diverses Lignes directrices adoptées par le Comité des Ministres et Compilation des normes du Conseil de l'Europe All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be addressed to the Directorate General of Human Rights and Rule of Law. Cover photo: © Shutterstock Cover : Document and Publications Production Department (SPDP), Council of Europe Layout: Directorate General of Human Rights and Rule of Law (DGI), Council of Europe © Council of Europe, June 2016 Printed at the Council of Europe HR-culturally-diverse-societies-en.book Page 3 Wednesday, June 8, 2016 4:55 PM Table of Content Preface Guidelines of the Committee of Ministers to member States on the protection and promotion of human rights in culturally diverse societies Préamble 9 I. Relevant general principles 11 Obligation to respect human rights 11 Human rights as a common basis 11 Positive obligations 11 Limitations and restrictions 11 Balancing of rights 11 Marging of appreciation 12 Living together 12 II. Fundamental freedoms 12 A. Freedom of thought, conscience and religion 12 Impartiality 13 Diversity of approaches 13 Legal status and autonomy of religious communities 14 Education of children 14 B. Freedom of expression 14 C. Freedom of assembly and association 15 III. Equality and non-discrimination 16 Prohibition of discrimination in the enjoyment of human rights 16 National legislation 16 Promotion of the principle of equality 16 Positive action 16 Multiple discrimination 17 Gender equality 17 Elimination of discrimination in all its forms in all areas of life 17 Law enforcement measures 17 IV. Countering hatred and violence 17 Countering stereotypes 17 Combating racism and xenophobia 17 Combating hate crime and hate speech 18 Protection of the right to life and of the right to freedom from torture and Inhuman or degrading treatment or punishment 18 International protection 19 Training for the judiciary and other authorities 20 3 HR-culturally-diverse-societies-en.book Page 4 Wednesday, June 8, 2016 4:55 PM V. Participation, social inclusion and dialogue 20 Participation in the democratic process 20 Participation in the making of legislation 20 Representation in public administration and decision-making bodies 20 Participation and inclusion in social, economic and cultural life 20 Rights concerning identity 21 Reasonable accommodation 21 Inclusion in the workplace 21 Participation and inclusion of youth 21 Participation and inclusion of foreign residents 22 Promotion of intercultural dialogue 22 VI. Safeguards and remedies 22 Access to rights 22 Access to justice 22 Sharing of the burden of proof 23 Access to information and consultation 23 VII. Other relevant actors 23 The role of national human rights institutions 23 The role of civil society 23 The role of the media and information society 24 Responsibility of opinion leaders 24 The role of the private sector 24 VIII. Education and awareness-raising 24 Human rights education and training 24 Raising awareness of human rights 25 IX. Other measures 25 National Strategies 25 Action plans 25 Indicators 25 4 HR-culturally-diverse-societies-en.book Page 5 Wednesday, June 8, 2016 4:55 PM PREFACE These are not easy days for European societies. The surge in terrorism and violent extremism on our continent, the massive flow of migrants and refugees into our nations and ongoing economic hardship are placing pressure on our communities. In many places populism and xenophobia are on the rise and our commitment to tolerance and diversity is feeling the strain. It is a troubling development, and one we cannot ignore. Diversity is an asset to our countries – economically, socially and politically – and we must defend it. Europe has always thrived on its mix of heritage and culture, which enriches our shared way of life whether it flows from communities who have lived here for generations, or from those who have arrived more recently. These guidelines are therefore aimed at helping Council of Europe member States maintain and manage diversity by protecting the human rights which allow different faiths and cultures to live together. They are based, primarily, on our standards relating to the principles of freedom of thought, conscience and religion, as enshrined in the European Convention on Human Rights. However, rather than consider these standards in isolation, we have sought to rethink them alongside other human rights, including freedom of expression, freedom of assembly and association and the right to private life. In this way we hope to provide member States with a meaningful and practical tool which reflects the often complex interplay between different freedoms in increasingly diverse societies. 5 HR-culturally-diverse-societies-en.book Page 6 Wednesday, June 8, 2016 4:55 PM One particularly difficult challenge is guaranteeing freedom of expression and the right to express ideas which “offend, shock or disturb” while preventing incitement to hate or violence that is aimed at individuals or groups on the basis of their traditions or beliefs. We see many of our member States grappling with this dilemma. In Europe, the best compass we have as we walk the careful line between free speech and hate speech is the case law of the European Court of Human Rights, which has inspired much of the guidance. By leaning on the judgments of the Court and our common standards, European States will be better placed to build inclusive societies in which difference is respected while core liberties and rights are upheld. The Council of Europe is a dedicated partner in this shared endeavour and we will continue to support our members in every way we can. Thorbjørn Jagland, Secretary General of the Council of Europe Strasbourg, 8 June 2016 6 HR-culturally-diverse-societies-en.book Page 7 Wednesday, June 8, 2016 4:55 PM GUIDELINES OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE PROTECTION AND PROMOTION OF HUMAN RIGHTS IN CULTURALLY DIVERSE SOCIETIES Adopted by the Committee of Ministers on 2 March 2016 at the 1249th meeting of the Ministers’ Deputies HR-culturally-diverse-societies-en.book Page 8 Wednesday, June 8, 2016 4:55 PM HR-culturally-diverse-societies-en.book Page 9 Wednesday, June 8, 2016 4:55 PM Preamble The Committee of Ministers, Considering that the aim of the Council of Europe is to achieve a greater unity between its members, inter alia, by promoting common standards and carrying out activities in the field of human rights; Reaffirming the principle of equal dignity of all human beings and the principle of full and equal enjoyment of human rights and fundamental freedoms by all members of society; Recalling the member States’ obligation to secure to everyone within their jurisdiction the rights and freedoms defined in the European Convention on Human Rights (adopted in 1950, ETS No. 5) and the Protocols thereto, and where relevant their obligations arising from the European Social Charter (adopted in 1961, ETS No. 35, and from its revised version adopted in 1996, ETS No. 163), and from other European and international human rights instruments, in so far as they have ratified them; Reaffirming that human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated and should be enjoyed by everyone without discrimination; Recalling that pluralism, which is one of the foundations of our democratic societies, is built upon the respect of human rights and on the genuine recognition of, and respect for, diversity and the dynamics of cultural traditions, ethnic and cultural identities, religious and other beliefs, artistic and socio-economic ideas, works and concepts; Conscious of the increasing cultural diversity in European societies and underlining that diversity is a source of enrichment which calls for mutual understanding and respect for
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