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European System for the Protec on of Human Rights

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European System for the Protec on of Human Rights European system for the protecon of human rights European system for the protecon of human rights Lesson plan (Polish) Lesson plan (English) European system for the protecon of human rights The seat of the Council of Europe, located in a building called the Palace of Europe in Strasbourg Source: Council of Europe, licencja: CC BY 3.0. Link to the lesson Before you start you should know You are able to present the functioning of the universal system of human rights protection. You are able to assess the effectiveness of the human rights protection system developed within the UN. You are able to explain the legal bases and institutions and areas of activity of the European Union. You are able to explain how the OSCE was created and what this organization is doing. You will learn You will be able to name the organizations included in the European system of human rights protection and analyze their impact on the quality of life of EU citizens. You will be able to characterize the activities of the Council of Europe in the field of human rights. You will be able to present the catalogue of rights and freedoms guaranteed in the Convention for the Protection of Human Rights and Fundamental Freedoms and describe its control system. You will be able to explain what the Charter of Fundamental Rights of the European Union is and what rights and freedoms it guarantees. You will be able to present the actions taken by the OSCE in matters of human rights. Nagranie dostępne na portalu epodreczniki.pl Nagranie abstraktu The European system for the protection of human rights is widely recognized as the most effective of all regional systems. It is a result of a fairly long tradition of shaping the idea of protecting rights and freedoms on the European continent. The terrible experiences of the second world war were also of great importance. After the war had ended, the democratic states of Western Europe decided to build a system for protection of human rights and democracy based on common values and international organizations. Central and Eastern European countries joined this system only after 1989. The European system is highly institutionalized. This means that organizations have been established on the European continent that set standards for the protection of human rights and control whether or not states observe them. The institutionalization of this system is evidenced by the fact that it operates within the framework of as many as three organizations: the Council of Europe, the European Union and the Organization for Security and Cooperation in Europe. The high efficiency of the European system for the protection of human rights results from the fact that the European states have managed to develop highly effective mechanisms for the enforcement of rights. In addition, it is the result of the political homogeneity of the continent. Almost all European countries (with the exception of Belarus) are currently considered democratic countries. This obviously makes it easier to adopt standards on human rights, but it does not mean that there are no violations of these rights in Europe. The level of protection of individual rights and freedoms is very diverse. In some countries, this is due to short democratic traditions. The Council of Europe brings together almost all European countries. Its main goal is to maintain and increase the unity between its members. It primarily deals with the promotion and protection of human rights and democracy, as well as cooperation in the field of culture. The Council of Europe is often confused with the institutions of the European Union: the European Council and the Council of the European Union, whereas, like the UN, it is an international governmental organization on its own. The statute of the Council of Europe was signed on May 5, 1949 in London. The Council of Europe is one of the oldest international government organizations. Currently 47 countries are its members. The Council of Europe objecves Source: licencja: CC 0. The most important organs of the Council of Europe: The Committee of Ministers includes the foreign ministers of the member states. It is the only decision‐making body of the Council. As far as human rights are concerned, the Committee of Ministers adopts conventions and directives addressed to the governments of the member states. The Parliamentary Assembly is composed of representatives of national parliaments. It has the right to adopt resolutions which are addressed to member states or other international organizations. The Parliamentary Assembly adopted about 2,000 resolutions - most of them are thematically related to the protection of human rights. The office of the Commissioner for Human Rights was created in 1999, on the 50th anniversary of the creation of the Council of Europe. The Commissioner was appointed because of the difficulties in fulfilling human rights standards by the countries of Central and Eastern Europe. The Commissioner's main tasks are to promote human rights and educate in this matter. The Commissioner is also entitled to visit the member countries in which violations of rights and freedoms guaranteed in documents adopted by the Council of Europe are committed, and draw up reports on the basis of his visits. He may also participate in cases heard by the European Court of Human Rights. In the matter of human rights, the Council of Europe has adopted dozens of conventions. The most important of them is the Convention for the Protection of Human Rights and Fundamental Freedoms. Other significant documents include: European Social Charter (1961), European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), European Prison Rules (1987), European Charter for Regional or Minority Languages (1992), Framework Convention for the Protection of National Minorities (1995). In recent years, the issues of combating intolerance, racism and xenophobia have also appeared in the work of the Council of Europe. A special European Commission against Racism and Intolerance has been operating since 1994, the aim of which is to counteract these undesirable phenomena. Since the beginning of the 1990s, it is also important to help new democracies. The Council of Europe assists countries in creating constitutions, trains lawyers, government officials, strengthens states in meeting the standards of human rights protection, including national minorities, supports the activities of non‐governmental organizations. The European Convention for the Protection of Human Rights and Fundamental Freedoms is an international agreement concluded by the states belonging to the Council of Europe, and its signing is a condition of membership in this organization. This document refers to the catalogue of rights and freedoms contained in the Universal Declaration of Human Rights. Therefore, the most important thing is not what rights and freedoms are guaranteed, but the establishment of a control procedure that allows for demanding to cease the infringement of rights, and restore the conditions consistent with them, and to grant adequate financial compensation to victims. The Convention was signed in Rome on November 4, 1950, and entered into force on September 3, 1953. Exercise 1 Check if you can understand the text. Complete the following excerpt with appropriate words and expressions. sentence, Council, each state, was created, Strasbourg, adjudicates, unnecessary, body, advisory, Parliament, addional The control ...................... of the Convenon is the European Court of Human Rights. The Court ...................... to ensure the state pares’ compliance with the rights and freedoms guaranteed by the Convenon and its ...................... protocols. The Court ...................... in all maers concerning the interpretaon and applicaon of the Convenon and issues ...................... opinions at the request of the Commiee of Ministers of the ...................... of Europe. Its headquarters are in ...................... (France). The court consists of judges – one from ...................... party to the Convenon. Initially, the European communities did not deal with the protection of human rights. The organization's activities were focused on economic integration. At the turn of the 1960s and 1970s, the issue of protection of human rights appeared in the case law of the Court of Justice. Gradually, the increase of interest in the issues of human rights has also occurred among other Community bodies. The most active advocate for introducing human rights issues into Community policies was the European Parliament. The creation of the European Union on the basis of the Maastricht Treaty was of great importance for the protection of human rights. In the preamble to the Treaty, the member states have confirmed their dedication to the principles of liberty, democracy and respect for human rights and fundamental freedoms and the rule of law. They also referred to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The establishment of EU citizenship and the appointment of the EU Ombudsman were very important for the protection of human rights, too. The adoption of the Treaty of Amsterdam was a breakthrough in the protection of human rights in the European Union. The Treaty states: „The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, on principles that are common to the member states.” In addition to the rules, the Treaty provisions also include
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