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European system for the protection 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 impactimpactimpact 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.

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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 homogeneityhomogeneityhomogeneity of the continent. Almost all European countries (with the exception of Belarus) are currently considered democratic countries. This obviouslyobviouslyobviously makes it easier to adoptto adoptadopt 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 diversediversediverse. In some countries, this is due todue todue 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, whereaswhereaswhereas, 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.

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Grafika przedstawia logo Rady Europy – literę "e" umieszczoną na fladze Unii Europejskiej. Na ilustracji umieszczono następujące informacje: 1. Development of cooperation in the field of protection of human rights, democracy and the rule of law. 2. Cooperation with other organizations involved in building a democratic and secure Europe. 3. Supporting political and economic transformation in the countries of Central and Eastern Europe. 4. Cooperation in the field of respect for the rights of national minorities. 5. Development of cooperation in the field of social integration of legal resident migrants and control of migration movements.
The Council of Europe objectives
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 reportsto draw up reportsdraw 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 dozensdozensdozens 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 combatingto combatcombating 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 counteractto counteractcounteract these undesirableundesirableundesirable 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 ceaseto ceasecease the infringement of rights, and restoreto restorerestore 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.

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Exercise 1
Decide if following statements are true or false. 1. The control body of the Convention is the European Court of Human Rights. 2. Its headquarters are in Strasbourg Brussels. 3. The court consists of judges – two from each state party to the Convention.

Initially, the European communities did not deal with the protection of human rights. The organization's activities were focused onfocused onfocused on economic integration. At the turn of the 1960s and 1970s, the issue of protection of human rights appeared in the case lawcase lawcase 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 breakthroughbreakthroughbreakthrough 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 the possibility of imposing sanctions onto impose sanctions onimposing sanctions on member states that violate these rules. On the basis of the Treaty, the Union was obliged to take action to combat discrimination based on sex, race, ethnic origin, religious beliefs, disability, age and sexual orientation, and to promote equal opportunities for women and men.

In 2000, the most important document for the European Union human rights protection system – the Charter of Fundamental Rights – was adopted at the Nice summitsummitsummit. In accordance with the treaties currently in force (Treaty on the European Union and the Treaty on the Functioning of the European Union) “the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . These values are common to the member states in a society based on pluralism, non‑discrimination, tolerance, justice, solidarity and equality between women and men”. The protection of human rights is now one of the fundamental objectives of the European Union. It is also important that the issue of the protection of human rights has become an element of the EU foreign policy. The Treaty on the Functioning of the European Union contains numerous provisions on the protection of personal data, the prohibition of discrimination, protection of consumer rights, rights derived from EU citizenship and the status of churches, religious associations and communities, philosophical and secularsecularsecular organizations.

The Charter of Fundamental Rights contains a catalogue of political, social and economic rights classified in the titles (chapters): Dignity, Freedom, Equality, Solidarity, Citizenship and Justice. On the one hand, the catalogue confirms the rights and freedoms guaranteed in earlier international human rights documents, such as the Universal Declaration of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms or the European Social Charter, on the other hand it includes rights guaranteed in the EU system, such as the prohibition of cloning of individuals. In article 51, it was stipulated that in the implementation of EU law, the provisions of the Charter apply to both the EU bodies and institutions and the member states.

The Organization for Security and Cooperation in Europe (OSCE) is an international organization whose aim is to preventto preventprevent conflicts in Europe. It was established as a result of the transformation of the Conference on Security and Co‑operation in Europe (CSCE) into an organization that is able to face the challenges ofto face the challenges offace the challenges of the 21st century. When we talk about the “human dimension” of the OSCE, we mean the activity of states in the framework of the Conference on Security and Cooperation in Europe (and then the Organization for Security and Cooperation in Europe) for the protection of human rights.

From the beginning of the CSCE process, human rights were closely related to security and cooperation issues. On August 1, 1975, European states and the United States and Canada signed the Helsinki Accords (final act of CSCE). The act includes the principle of respect for human rights. Until 1989, human rights in the CSCE negotiations were a platform for confrontation between socialist states and Western countries, and not cooperation. The fundamental changes were brought aboutto bring aboutbrought about the end of the 1980s. In the years 1986‑1989, a review conference of the CSCE was held in Vienna, where for the first time the socialist and capitalist states were able to adopt mechanisms of control in the field of human rights. They were based on the exchange of information between states and conducting bilateral negotiations on matters concerning human rights. Since 1989, there have also been many specialist meetings devoted to human rights, including in Paris (1989), Copenhagen (1990) and Moscow (1991).

The turn of the 1980s and 1990s brought many political and economic changes in Europe. As a consequence, the CSCE functions have been modified. From the field of inter‑block competition, it transformed into a cooperation forum. In its activity, the CSCE focused on preventing conflicts of a national and ethnic nature. Compliance with human rights was a major problem here. At the beginning of the 1990s, the first institutions dealing with human rights were created in the CSCE. These were the Office for Free Elections created in 1990, then transformed into the Office for Democratic Institutions and Human Rights, and the High Commissioner on National Minorities appointed in 1992. In 1997, the institution of the Representative on Freedom of the Media was established in the OSCE structure, who controls the compliance of member states with the standards regarding freedom of mass media. The most important OSCE institution in the field of human rights is the Office for Democratic Institutions and Human Rights. The Office monitors the state of respect for human rights in all 57 OSCE member countries. Its representatives carry outto carry outcarry out election observation missions in the member states and disclose all irregularities in their conduct to the public. In addition, the Office organizes numerous trainings and conferences. Its headquarters are located in Warsaw. The High Commissioner on National Minorities also deserves attention. The activity of this institution has contributed to the weakening of many tensionstensiontensions on the national background, including in Romania, Slovakia or the Baltic States.

The OSCE's human dimension activities are based on political rather than legal obligations, which fundamentally differentiatesto differentiatedifferentiates this organization from other security systems (e.g. within the Council of Europe or the UN). In addition, in the OSCE, the protection of human rights is linked to the problems of international security, economic development or culture.

The European system for the protection of human rights, alongside American and African one, is one of the regional human rights protection systems. Of these systems, it is by far the most institutionally and most efficiently developed. The Council of Europe plays the most important role in the European system - within its framework, the Convention for the Protection of Human Rights and Fundamental Freedoms was adopted, on the basis of which the European Court of Human Rights was created. The support of the human rights protection system at the international court dealing with individual and state complaints turned outto turn outturned out to be not only a pioneering solution on a global scale, but also a solution that is copied in other regional human rights protection systems.

Exercise 2
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Ćwiczenie alternatywne: Prepare for your classmates list of questions concerning information that you learnt during the lesson.
Exercise 3

Recall the rules of an Oxford debate. Watch the animation below.

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Film na temat debaty oksfordzkiej. An Oxford debate is a discussion on a thesis. The debating sides are the Proposition, who tries to convince the audience to believe the thesis and the Opposition, who tries to disprove and refute the thesis. Who participates in the debate? Marshal - runs the debate - makes sure the debate goes smoothly - states the rules of the debate - gives the floor - ensures the proper language use and the level of discussion - informs about the result of the debate and provides a short summary Secretary - helps the Marshal - informs about the time (30 sec. before the end of a statement, and at the end of it) The Marshal and the Secretary have to remain impartial. Speakers There are four speakers at the Proposition side of the debate, and four at the Opposition side. The first speakers are supposed to introduce the thesis of the debate and give a couple of arguments. The second speakers develop the argumentation of each side, taking into consideration the arguments of their opponents. The third speakers undermine the arguments of the opposite side. The fourth speakers sum up the argumentation of their sides. Audience The audience listens to all the statements and in the open part of the debate has the possibility to back one of the sides. Debate room set-up The fundamental thing for the debate is the division for the two sides: for and against the thesis. The Proposition and Opposition sides sit vis-à vis each other. The Marshal and the Secretary sit between the sides. Traditionally, the Proposition should sit on the right-hand side of the Marshal, and the Opposition - on his left hand side. The Audience sits in front of the Marshal and the Secretary. The thesis of the debate The debate is a discussion on the thesis that is defended by the Proposition, and attacked by the Opposition. The thesis: has to be precise, cannot be a question or sound like a choice, has to clearly state an opinion on a subject The course of the debate The first speaker of the Proposition always begins the debate. Then, alternately, speakers of each side make their statements. The debate is always closed by the fourth speaker of the Opposition. Each of the speakers has up to 4 minutes for his statement. Each statement has to begin with a short invocation to the Marshal, the opposite side, and the Audience (in exactly this order), for example “Mister Marshal, esteemed oponentes, dear Audience!”) After the statements, it is the Audience’s time to speak up. The Marshal shall give the voice to some members of the Audience, who will have no more than 2 minutes for their statement. Questions and information During each statement the Audience has the right to ask for the floor by raising their hand and yelling “question” or “information”. An interruption of such kind may last no longer than a few seconds. The speaker has the right to reject the interruption, and then the person who wanted to interfere, has to sit down without uttering a word. Interruptions without the speakers permission are strictly forbidden, and the Marshal’s responsibility is to intervene decisively. The interruptions spice up the debate and force the speaker to react to the Audience. The vote The Marshal orders the vote, and the Audience decides, whose arguments were more convincing, and whether the thesis was proved right or wrong. During the vote the Audience should only take into consideration the arguments and rhetorics of the speakers, and leave their personal views on the subject outside the debate room. The debate ends with a short summary provided by the Marshal, who also presents the results of the debate.
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Exercise 4
Ćwiczenie alternatywne: Listen to the abstract recording to review the material and new vocabulary. Explain the meaning of following words: case law; breakthrough; to impose sanctions on; secular; to face the challenges of; to combat; to counteract; undesirable. If it's too difficult, use lesson's glossary.

Keywords

regional human rights protection system, Council of Europe, European Union, Organization for Security and Cooperation in Europe, Commissioner for Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, European Social Charter, European Court of Human Rights, Charter of Fundamental Rights, „human dimension” of the OSCE, Office for Democratic Institutions and Human Rights, High Commissioner on National Minorities

Glossary

impact
impact
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Nagranie słówka: impact

wpływ

homogeneity
homogeneity
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Nagranie słówka: homogeneity

jednorodność

obviously
obviously
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Nagranie słówka: obviously

w oczywisty sposób

to adopt
to adopt
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Nagranie słówka: to adopt

przyjąć

diverse
diverse
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Nagranie słówka: diverse

zróżnicowany

due to
due to
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Nagranie słówka: due to

z powodu

whereas
whereas
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Nagranie słówka: whereas

podczas gdy

to draw up reports
to draw up reports
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Nagranie słówka: to draw up reports

sporządzać raporty

dozens
dozens
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Nagranie słówka: dozens

kilkadziesiąt (dosłownie: tuziny)

to combat
to combat
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Nagranie słówka: to combat

zwalczać

to counteract
to counteract
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Nagranie słówka: to counteract

przeciwdziałać

undesirable
undesirable
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Nagranie słówka: undesirable

niepożądany

phenomena
phenomena
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Nagranie słówka: phenomena

zjawiska (liczba mnoga od phenomenon)

to cease
to cease
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Nagranie słówka: to cease

zakończyć, zaprzestać

to restore
to restore
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Nagranie słówka: to restore

przywrócić

to adjudicate
to adjudicate
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Nagranie słówka: to adjudicate

orzekać

advisory
advisory
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Nagranie słówka: advisory

doradczy

state party (to a convention)
state party (to a convention)
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Nagranie słówka: state party (to a convention)

państwo‑strona (konwencji)

focused on
focused on
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Nagranie słówka: focused on

skoncentrowany na

case law
case law
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Nagranie słówka: case law

orzecznictwo

breakthrough
breakthrough
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Nagranie słówka: breakthrough

przełom

to impose sanctions on
to impose sanctions on
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Nagranie słówka: to impose sanctions on

nałożyć sankcje

summit
summit
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Nagranie słówka: summit

szczyt

secular
secular
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Nagranie słówka: secular

świecki

to face the challenges of
to face the challenges of
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Nagranie słówka: to face the challenges of

stawić czoła wyzwaniom

to bring about
to bring about
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Nagranie słówka: to bring about

przynieść

to prevent
to prevent
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Nagranie słówka: to prevent

zapobiegać

to carry out
to carry out
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Nagranie słówka: to carry out

przeprowadzać

tension
tension
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Nagranie słówka: tension

napięcie

to differentiate
to differentiate
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Nagranie słówka: to differentiate

odróżniać

to turn out
to turn out
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Nagranie słówka: to turn out

okazać się