DOCSLIB.ORG

Human Rights in Europe: No Grounds for Complacency

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Human Rights in Europe: No Grounds for Complacency Human Rights writings Human rights in Europe: no grounds for complacency Viewpoints by Thomas Hammarberg Council of Europe Commissioner for Human Rights COMMISSIONER FOR HUMAN RIGHTS COMMISSAIRE AUX DROITS DE L'HOMME Human rights in Europe: no grounds for complacency Viewpoints by Thomas Hammarberg Council of Europe Commissioner for Human Rights Council of Europe Publishing The opinions expressed in this work are the responsibility of the author and do not necessarily reflect the official policy of the Council of Europe. All rights reserved. No part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, Internet, etc.) or mechanical, including photocopying, recording or any information storage or retrieval system, without prior permission in writing from the Public Information Division, Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). Most of the photos provided by the Council of Europe were taken by Sandro Weltin, photographer at the Council of Europe, who has accom- panied the Commissioner for Human Rights on several official visits in order to illustrate the situation of human rights in Europe. Cover photo: Migrants detained in Fylako Centre for irregular migrants, Evros, Greece, December 2008 (© Council of Europe). Back cover photo: Isabel Nukoaca, 11, explains that a new school must be built in her village, Roma-dominated village of Barbulesti, Romania, October 2010 (© Council of Europe). Cover design and layout: Documents and Publications Production Department (SPDP), Council of Europe. Council of Europe Publishing F-67075 Strasbourg Cedex http://book.coe.int ISBN 978-92-871-6916-7 © Council of Europe, April 2011 Printed in France Table of contents Foreword .................................................................................9 Chapter 1: Xenophobia and identity ..............................31 Respecting the other ...................................................................32 Islamophobia ..............................................................................36 The burqa and privacy .................................................................39 Discriminatory stop and search ....................................................43 Hate crimes ................................................................................46 Minority languages ......................................................................50 Chapter 2: Roma rights .....................................................57 European history of repression of the Roma ..................................58 Continued stigmatisation of Roma ................................................61 Ending discrimination against Roma .............................................64 Roma political representation .......................................................71 Roma without citizenship .............................................................75 Discrimination against Roma migrants ..........................................79 Chapter 3: Immigration and asylum policies .............83 Rights for migrants ......................................................................84 The criminalisation of migration ...................................................87 The right to asylum .....................................................................91 Detention of asylum seekers ........................................................93 Family reunification .....................................................................97 Human rights in Europe | 3 Trafficking ................................................................................102 Statelessness ...........................................................................104 Displaced persons .....................................................................108 Chapter 4: Protection against homophobia and transphobia ................................................................113 Yogyakarta Principles ................................................................114 Homophobia .............................................................................117 Transphobia ..............................................................................121 Chapter 5: Rights of people with disabilities ......... 127 Making society inclusive ............................................................128 Rights for persons with mental disabilities ..................................132 Discrimination against people with intellectual disabilities ............136 Chapter 6: Gender rights ................................................143 Gender representation in politics ................................................144 The pay gap .............................................................................146 Domestic violence .....................................................................149 Rape ........................................................................................152 Chapter 7: Rights of the child .................................... 157 The UN Convention on the Rights of the Child .............................158 Views of children ......................................................................162 Children and violence ................................................................166 Sexual abuse of children ...........................................................169 4 | Table of contents Children in unsuitable care institutions .......................................172 Children in prison ......................................................................176 Child migrants ..........................................................................180 Child poverty ............................................................................183 Chapter 8: Social and economic rights ......................187 Poverty and marginalisation .......................................................188 The global economic crisis and human rights ..............................191 Equality, discrimination and poverty ............................................194 The right to housing ..................................................................197 The rights of older people ..........................................................200 HIV, Aids and the right to health..................................................204 Climate change: an issue of human rights ..................................206 Enforcing social rights standards ................................................211 Chapter 9: Police, courts and prisons .........................217 Police violence ..........................................................................218 The “ticking bomb” argument ....................................................222 Final abolition of the death penalty .............................................225 Corruption undermines justice ...................................................228 Judges must be independent .....................................................233 Lengthy court proceedings ........................................................236 Enforcement of court decisions ..................................................238 Prison conditions ......................................................................241 Life sentences ..........................................................................243 Human rights in Europe | 5 Remedies for victims of human rights violations ..........................246 Applications to the Strasbourg Court ..........................................249 Chapter 10: Fighting terrorism while respecting human rights ......................................................................253 Counterterrorist methods and European complicity ......................254 Intelligence secrecy: no excuse ..................................................259 Terrorist blacklisting ..................................................................263 Terrorism – Lessons from Northern Ireland .................................267 Privacy and data protection........................................................272 Chapter 11: Gross violations in the past ....................279 Lessons from history .................................................................280 Accountability in post-totalitarian states ......................................284 The International Criminal Court .................................................226 Chapter 12: Media freedom and freedom of expression ......................................................................291 Blasphemy and hate speech ......................................................292 Media diversity .........................................................................295 Journalists at risk ......................................................................298 Freedom of assembly ................................................................301 Chapter 13: Actors for human rights ..........................305 Human rights defenders ............................................................306 The example of Andrei Sakharov ................................................308 Religious leaders .......................................................................312 6 | Table of contents Ombudsmen .............................................................................314 Local authorities .......................................................................316 Parliaments ..............................................................................320
Load more

Recommended publications
  • Position Paper of February 2018
    Regional Office for Europe European Added Value The EU Multi-Annual Financial Framework Post-2020: A Tool to Close Human Rights Gaps in Europe? EUROPEAN ADDED VALUE THE EU MULTI-ANNUAL FINANCIAL FRAMEWORK POST 2020: A TOOL TO CLOSE HUMAN RIGHTS GAPS IN EUROPE? Position Paper by the UN Human Rights Regional Office for Europe in consultation with: - COFACE – Families Europe - European Roma Information Office (ERIO) - European Federation of National Organisations - Mental Health Europe (MHE) Working with the Homeless (FEANTSA) - Platform for International Cooperation on - European Network of Equality Bodies (EQUINET) Undocumented Migrants (PICUM) - European Network on Independent Living (ENIL) - Hope and Homes for Children - European Disability Forum (EDF) - European Roma Grassroots Organisations Network (ERGO Network) - Validity - LUMOS List of Terms Cohesion Policy: The cohesion policy of the European Union (EU) aims to strengthen economic and social cohesion by reducing disparities in the level of development between regions in the EU. It targets regions and cities to support job creation, business competitiveness, economic growth, sustainable development, and improve quality of life. The cohesion policy is the EU’s main investment policy. Directive: An EU Directive is a legislative act that sets out a goal that all EU countries must achieve. It is up to individual EU Member States to adopt national legislation to reach this goal. European Added Value: European added value is a core principle of EU policy-making, used to identify areas in which the EU should act by legislating, policy-making or financing. The added value can consist of greater effectiveness, or complementarity, improved coordination, or enhanced legal certainty.
    [Show full text]
  • 30 August 2011 Council of Europe Commissioner for Human Rights
    30 August 2011 Council of Europe Commissioner for Human Rights Thomas Hammarberg European Commission Vice-President in charge of Justice, Fundamental Rights and Citizenship Viviane Reding OSCE High Commissioner on National Minorities Knut Vollebaek Office of the High Commissioner for Human Rights Independent Expert on Minority Issues Rita Izsak Re: Effective Response to Escalating Racial Tension in North Bohemia, Czech Republic Honourable Commissioner Hammarberg, Vice-President Reding, Commissioner Vollebaek and Independent Expert Izsak, The European Roma Rights Centre (ERRC), an international human rights organisation combating anti-Romani racism and discrimination in Europe, is writing to express its concern about the increasing tension in North Bohemia between Roma and non-Roma, particularly in the towns of Rumburk, Novy Bor, Sluknov and Varnsdorf. According to media reports1 and ERRC field documentation, since July 2011 several racially motivated actions against Roma living in North Bohemia have taken place. In July and early August, ethnic Czechs committed two arson attacks against Romani people living in Býchory and Krty.2 After that, on 7 August Romani customers of a gaming room in Nový Bor attacked other customers and staff after staff refused to pay out their winnings. On 21 August 18 Roma reportedly beat up six ethnic Czechs. Four ethnic Czechs brutally beat up an innocent Romani man with baseball bats in front of his pregnant girlfriend on 22 August. In the midst of this tense situation, some local authorities in the region have made public statements which may worsen public sentiment about Roma. For example, on 26 August the Mayor of Rumburk called for the need to regulate the influx of “inadaptable” persons (a well-known term used in the Czech Republic for Roma) and ban their residence.3 The ERRC notes that the Czech Ministry of Interior, responding to calls by local authorities, deployed 120 special police units to Rumburk on 23 August due to the increasing ethnic tension in the region.
    [Show full text]
  • ENISA Threat Landscape Report 2016 15 Top Cyber-Threats and Trends
    ENISA Threat Landscape Report 2016 15 Top Cyber-Threats and Trends FINAL VERSION 1.0 ETL 2016 JANUARY 2017 www.enisa.europa.eu European Union Agency For Network and Information Security ENISA Threat Landscape Report 2016 Final version | 1.0 | OPSEC | January 2017 About ENISA The European Union Agency for Network and Information Security (ENISA) is a centre of network and information security expertise for the EU, its member states, the private sector and Europe’s citizens. ENISA works with these groups to develop advice and recommendations on good practice in information security. It assists EU member states in implementing relevant EU legislation and works to improve the resilience of Europe’s critical information infrastructure and networks. ENISA seeks to enhance existing expertise in EU member states by supporting the development of cross-border communities committed to improving network and information security throughout the EU. More information about ENISA and its work can be found at www.enisa.europa.eu. Contact For queries on this paper, please use [email protected] or [email protected] For media enquiries about this paper, please use [email protected]. Acknowledgements ENISA would like to thank the members of the ENISA ETL Stakeholder group: Pierluigi Paganini, Chief Security Information Officer, IT, Paul Samwel, Banking, NL, Tom Koehler, Consulting, DE, Jason Finlayson, Consulting, IR, Stavros Lingris, CERT, EU, Jart Armin, Worldwide coalitions/Initiatives, International, Thomas Häberlen, Member State, DE, Neil Thacker, Consulting, UK, Shin Adachi, Security Analyst, US, R. Jane Ginn, Consulting, US, Polo Bais, Member State, NL. The group has provided valuable input, has supported the ENISA threat analysis and has reviewed ENISA material.
    [Show full text]
  • The First Amendment, the Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate Gregory P
    Working Paper Series Villanova University Charles Widger School of Law Year 2004 The First Amendment, The Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate Gregory P. Magarian Villanova University School of Law, [email protected] This paper is posted at Villanova University Charles Widger School of Law Digital Repository. http://digitalcommons.law.villanova.edu/wps/art6 THE FIRST AMENDMENT, THE PUBLIC -PRIVA TE DISTINCTION, AND NONGOVERNMENTAL SUPPRESSION OF WARTIME POLITICAL DEBATE 1 BY GREGORY P. MAGARIAN DRAFT 5-12-04 TABLE OF CONTENTS INTRODUCTION ......................................................................................... 1 I. CONFRONTING NONGOVERNMENTAL CENSORSHIP OF POLITICAL DEBATE IN WARTIME .................. 5 A. The Value and Vulnerability of Wartime Political Debate ........................................................................... 5 1. The Historical Vulnerability of Wartime Political Debate to Nongovernmental Suppression ....................................................................... 5 2. The Public Rights Theory of Expressive Freedom and the Necessity of Robust Political Debate for Democratic Self -Government........................ 11 B. Nongovernmental Censorship of Political Speech During the “War on Terrorism” ............................................... 18 1. Misinformation and Suppression of Information by News Media ............................................ 19 2. Exclusions of Political Speakers from Privately Owned Public Spaces.
    [Show full text]
  • VOLUME 1 • NUMBER 1 • 2018 Aims and Scope
    VOLUME 1 • NUMBER 1 • 2018 Aims and Scope Critical Romani Studies is an international, interdisciplinary, peer-reviewed journal, providing a forum for activist-scholars to critically examine racial oppressions, different forms of exclusion, inequalities, and human rights abuses Editors of Roma. Without compromising academic standards of evidence collection and analysis, the Journal seeks to create a platform to critically engage with Maria Bogdan academic knowledge production, and generate critical academic and policy Central European University knowledge targeting – amongst others – scholars, activists, and policy-makers. Jekatyerina Dunajeva Pázmány Péter Catholic University Scholarly expertise is a tool, rather than the end, for critical analysis of social phenomena affecting Roma, contributing to the fight for social justice. The Journal Tímea Junghaus especially welcomes the cross-fertilization of Romani studies with the fields of European Roma Institute for Arts and Culture critical race studies, gender and sexuality studies, critical policy studies, diaspora studies, colonial studies, postcolonial studies, and studies of decolonization. Angéla Kóczé Central European University The Journal actively solicits papers from critically-minded young Romani Iulius Rostas (editor-in-chief) scholars who have historically experienced significant barriers in engaging Central European University with academic knowledge production. The Journal considers only previously unpublished manuscripts which present original, high-quality research. The Márton Rövid (managing editor) Journal is committed to the principle of open access, so articles are available free Central European University of charge. All published articles undergo rigorous peer review, based on initial Marek Szilvasi (review editor) editorial screening and refereeing by at least two anonymous scholars. The Journal Open Society Foundations provides a modest but fair remuneration for authors, editors, and reviewers.
    [Show full text]
  • The Functioning of Democratic Institutions in Turkey
    http://assembly.coe.int Doc. 15272 21 April 2021 The functioning of democratic institutions in Turkey Report1 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Co-rapporteurs: Mr Thomas HAMMARBERG, Sweden, Socialists, Democrats and Greens Group, and Mr John HOWELL, United Kingdom, European Conservatives Group and Democratic Alliance Summary The Monitoring Committee is deeply concerned about recent developments in Turkey which have further undermined democracy, the rule of law and human rights. Procedures seeking to lift the parliamentary immunity of a third of the parliamentarians (overwhelmingly from opposition parties), the attempt to close the Peoples' Democratic Party (HDP) and the continued crackdown on its members put political pluralism and the functioning of democratic institutions at risk. The presidential decision of 20 March 2021 to withdraw from the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No.210, the Istanbul Convention) to combat violence against women and domestic violence is a regrettable step backwards, made without any parliamentary debate, which raises the question of the modalities of denunciation of conventions in democratic societies. The committee also urges the immediate release of Selahattin Demirtaş and Osman Kavala following the final judgments of the European Court of Human Rights. In order to reverse these worrying trends, the Turkish authorities should seize the opportunity of implementing the Human Rights Action Plan and revising the legislation on elections and political parties to take meaningful steps, put an end to the judicial harassment of opposition and dissenting voices, improve freedom of expression and media and restore the independence of the judiciary, in co-operation with the Council of Europe 1.
    [Show full text]
  • Blood, Sweat, and Fear: Workers' Rights in U.S. Meat and Poultry Plants
    BLOOD, SWEAT, AND FEAR Workers’ Rights in U.S. Meat and Poultry Plants Human Rights Watch Copyright © 2004 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-330-7 Cover photo: © 1999 Eugene Richards/Magnum Photos Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 8 rue des Vieux-Grenadiers 1205 Geneva Tel: +41 22 320 55 90, Fax: +41 22 320 55 11 [email protected] Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv of your choice by visiting http://hrw.org/act/subscribe-mlists/subscribe.htm Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law.
    [Show full text]
  • The Council of Europe Commissioner for Human Rights and the European Court of Human Rights: an Ever-Closer Relationship Dunja Mijatović and Anne Weber
    Document generated on 09/26/2021 3:43 p.m. Revue québécoise de droit international Quebec Journal of International Law Revista quebequense de derecho internacional The Council of Europe Commissioner for Human Rights and the European Court of Human Rights: An ever-closer relationship Dunja Mijatović and Anne Weber 70 ans de la Convention européenne des droits de l’homme : L’Europe Article abstract et les droits de la personne The relationship between the Commissioner for Human Rights and the Special Issue, December 2020 European Court of Human Rights has varied considerably over time, from a clear separation of functions to increasing interactions. Resolution (99)50 on URI: https://id.erudit.org/iderudit/1078530ar the Council of Europe Commissioner for Human Rights, adopted on 7 May 1999, DOI: https://doi.org/10.7202/1078530ar reflects a clear willingness to separate the two institutions. This separation, however, did not mean isolation from each other in practice and did not prevent cross-references between the Commissioner and the Court from See table of contents increasing over the years. In the course of his/her country or thematic work, the Commissioner relies on international and European conventions, and in the first place the Convention and the case law of the Court, when making Publisher(s) recommendations to member states. Conversely, the Court has from the outset made references to the work of the Commissioner in its judgments. While the Société québécoise de droit international different roles of the two institutions might explain the sometimes diverging approaches, cross-references between the Commissioner and the Court have ISSN undoubtedly enriched each other’s work.
    [Show full text]
  • Hard-Rock Mining, Labor Unions, and Irish Nationalism in the Mountain West and Idaho, 1850-1900
    UNPOLISHED EMERALDS IN THE GEM STATE: HARD-ROCK MINING, LABOR UNIONS AND IRISH NATIONALISM IN THE MOUNTAIN WEST AND IDAHO, 1850-1900 by Victor D. Higgins A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in History Boise State University August 2017 © 2017 Victor D. Higgins ALL RIGHTS RESERVED BOISE STATE UNIVERSITY GRADUATE COLLEGE DEFENSE COMMITTEE AND FINAL READING APPROVALS of the thesis submitted by Victor D. Higgins Thesis Title: Unpolished Emeralds in the Gem State: Hard-rock Mining, Labor Unions, and Irish Nationalism in the Mountain West and Idaho, 1850-1900 Date of Final Oral Examination: 16 June 2017 The following individuals read and discussed the thesis submitted by student Victor D. Higgins, and they evaluated his presentation and response to questions during the final oral examination. They found that the student passed the final oral examination. John Bieter, Ph.D. Chair, Supervisory Committee Jill K. Gill, Ph.D. Member, Supervisory Committee Raymond J. Krohn, Ph.D. Member, Supervisory Committee The final reading approval of the thesis was granted by John Bieter, Ph.D., Chair of the Supervisory Committee. The thesis was approved by the Graduate College. ACKNOWLEDGEMENTS The author appreciates all the assistance rendered by Boise State University faculty and staff, and the university’s Basque Studies Program. Also, the Idaho Military Museum, the Idaho State Archives, the Northwest Museum of Arts and Culture, and the Wallace District Mining Museum, all of whom helped immensely with research. And of course, Hunnybunny for all her support and patience. iv ABSTRACT Irish immigration to the United States, extant since the 1600s, exponentially increased during the Irish Great Famine of 1845-52.
    [Show full text]
  • Report by the Commissioner for Human Rights Mr Thomas Hammarberg on His Visit to Azerbaijan 3
    Strasbourg, 20 February 2008 CommDH(2008)2 Original version REPORT BY THE COMMISSIONER FOR HUMAN RIGHTS MR THOMAS HAMMARBERG ON HIS VISIT TO AZERBAIJAN 3 - 7 September 2007 For the attention of the Committee of Ministers and the Parliamentary Assembly CommDH(2008)2 2 TABLE OF CONTENTS INTRODUCTION .......................................................................................................................3 CHAPTER 1: NATIONAL SYSTEM FOR HUMAN RIGHTS PROTECTION............................5 CHAPTER 2: THE RULE OF LAW ...........................................................................................7 I. The judicial system .............................................................................................................7 A. The independence of judges and the administration of the judiciary............................7 B. Auxiliaries of justice and legal aid.................................................................................8 C. The Prosecutor General’s Office ..................................................................................9 II. The problems linked to corruption ...................................................................................10 III. Law enforcement agencies.............................................................................................11 A. Law enforcement agencies and conditions of detention.............................................11 B. The Procedural Rules in case of arrest, the guaranties under the common law ........11 C. The interrogation
    [Show full text]
  • The European Commission of Human Rights: an Analysis and Appraisal, 3 Brook
    Brooklyn Journal of International Law Volume 3 | Issue 2 Article 3 1977 The urE opean Commission of Human Rights: An Analysis and Appraisal John T. White Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation John T. White, The European Commission of Human Rights: An Analysis and Appraisal, 3 Brook. J. Int'l L. (1977). Available at: https://brooklynworks.brooklaw.edu/bjil/vol3/iss2/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. THE EUROPEAN COMMISSION OF HUMAN RIGHTS: AN ANALYSIS AND APPRAISAL John T. Wright* INTRODUCTION During the past thirty years, the protection of human rights and fundamental freedoms has been the focus of a number of instruments promulgated by the community of nations. The Uni- versal Declaration of Human Rights,1 the International Covenant on Civil and Political Rights,2 and the International Covenant on Economic, Social, and Cultural Rights3 form the basis of efforts by the United Nations to secure the observance of human rights among member States. In addition to these universal documents, the countries of Europe have drawn upon their common heritage to promote the realization of human rights through the ratifica- tion of the European Convention on Human Rights and Funda- mental Freedoms.' The Convention creates a Commission of Human Rights, as well as a European Court of Human Rights. This article will explore the workings of the Commission, the more active of the two bodies, and will analyze its effectiveness in establishing a standard for the observance of human rights in light of the differing political systems of the European States.
    [Show full text]
  • The Life and Death of Roma and Sinti in Italy: a Modern Tragedy
    n o t e b o o k ITALY’S BAD EXAMPLE The Life and Death of Roma and Sinti in Italy: A Modern Tragedy Henry Scicluna1 oma have been present in Italy since spite of the fact that they have been living the 15th century, partly as a result of uninterrupted in Italy for several decades.2 migrations from Southeast Europe caused by the expansion of the Ot- It is estimated today that the Romani toman Empire. Romani groups from population in Italy numbers around 140,000. the Ionic and Adriatic coast settled in the south Eighty thousand of them have Italian nationality. R th of Italy, followed in the 16 century by the settle- The recent census shows there are 12,346 Roma ment of Sinti groups from Northern Europe in the living around Rome, Naples and Milan. The north of Italy. Vlax Roma arrived from Moldavia Government estimates that 12,000, mostly and Valacchia in the 19th century. At the end of from Romania, left Italy between the beginning the First World War all Roma in the annexed ter- of June 2008 and October 2008, when the ritories became Italian citizens. government undertook a census.3 Another migration, this time from Croatia and Slovenia, occurred during the Second The Italian perception of Roma and Sinti World War. Starting in the 1960s, there were other waves of migration from Poland, Roma and Sinti in Italy are referred to as “nomads” Hungary and ex-Yugoslavia, particularly after (Nomadi) by both the authorities and the general the disintegration of the latter and the Balkan population, who believe that these communities wars.
    [Show full text]