Human rights in culturally Human rights in culturally diverse societies – Guidelines adopted by the Committee of Ministers and Compilation of Council of Europe standards of Europe of Council of Ministers and Compilation the Committee by societies – Guidelines adopted diverse Human rights in culturally diverse societies Guidelines adopted by the Committee of Ministers and Compilation of Council of Europe standards This updated publication contains the Committee of Ministers’ guidelines to member States on the protection and promotion of human rights in culturally diverse societies as well as the Compilation of Council of Europe standards relating to the principles of freedom of thought, conscience and religion upon which the guidelines are inspired, mainly the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, but also conclusions and recommendations of other monitoring mechanisms and other Council of Europe bodies. These guidelines are innovative as they do not consider these standards in isolation, rather they rethink and recast them through their interaction with other human rights: freedom of expression, freedom of association and assembly, the right to private life. They are intended as a realistic and ©Shutterstock hoto: usable tool which reflects the often complex interplay of different rights within diverse societies. PREMS074516 – P ENG 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 contents Preface . 5 Guidelines of the Committee of Ministers to member States on the protection and promotion of Human rights in culturally diverse societies Preamble. 9 I. Relevant general principles . 11 II. Fundamental freedoms . 12 III. Equality and non-discrimination. 16 IV. Countering hatred and violence . 17 V. Participation, social inclusion and dialogue . 20 VI. Safeguards and remedies . 22 VII. Other relevant actors. 23 VIII. Education and awareness-raising . 24 IX. Other measures. 25 Compilation of Council of Europe standards relating to the principles of freedom of thought, conscience and religion and links to other human rights Preface . .29 1. Introduction . .31 2. General principles and definitions. .41 3. Thematic issues . .55 A. Individual right to freedom of thought, conscience and religion. 55 B. State relations with religious communities. 92 C. Protection of individuals on account of their thought, conscience and religion . .112 Appendix – Selection of relevant good practices from member States. 131 Index of cases . 165 3 HR-culturally-diverse-societies-en.book Page 4 Wednesday, June 8, 2016 4:55 PM 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 each other; Underlining that managing cultural diversity in full respect of the principles of democracy, human rights and the rule of law is a common challenge for all societies throughout Europe and beyond, and that integration strategies should take appropriate account of diversity; Considering that, for the purposes of these guidelines, the exercise of the rights mentioned therein must be guaranteed for all individuals without discrimination, including on grounds of their affiliation to any group, notwithstanding the possibility for the State to take positive action; 9 HR-culturally-diverse-societies-en.book Page 10 Wednesday, June 8, 2016 4:55 PM Underlining that living in a democratic society entails responsibilities and duties with regard to other persons and groups; Being convinced that the satisfaction of basic human needs is a requirement intrinsic to the dignity of every human being and constitutes a pre-condition for the genuine enjoyment of human rights and fundamental freedoms; Stressing that social cohesion and inclusion help to ensure the welfare of all members of society, minimise disparities and avoid