Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.
Education plays an essential role in the promotion of the core values of the Council of Europe: democracy, human rights And The rule of law, As well as in the prevention of human rights violations. More generally, education is increasingly seen as a defence against the rise of violence, racism, extremism, xenophobia, discrimination and intolerance. This growing awareness is reflected in the adoption of the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education (EDC/ HRE) by the Organisation's 47 member states in the framework of Recommendation CM/Rec(2010)7. The Charter was developed over a period of several years as a result of wide-ranging consultations and is non-binding. it will be an important reference point for all those dealing with citizenship and human rights education. it will hopefully provide a focus and catalyst for action in the member states, As well as a way of disseminating good practice and raising standards throughout Europe and beyond.
This publication brings together the texts adopted by the Standing Committee of the Congress of Local and Regional Authorities of the Council of Europe. The Congress, a consultative body of the Council of Europe, is made up of two chambers: one representing local authorities, the other the regions. Its aim is to reinforce democratic structures at local and regional level, and in particular to help the newly-emerging democracies in central and eastern Europe. The Congress adopts three different types of texts: recommendations, opinions and resolutions. Recommendations are proposals to the Committee of Ministers, and their application is left up to each member government. Sometimes they are also addressed to other international organisations. Opinions usually refer to questions to the Congress from the Committee of Ministers or the Parliamentary Assembly. The Committee of Ministers and the Parliamentary Assembly consult the Congress on questions which are likely to affect the competence and the basic interests of the local and regional authorities which the Congress represents. Resolutions reflect the decisions that the Congress is authorised to take, or make recommendations to local and/or regional authorities and their associations.
The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.
The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes "hate speech" is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Managing Europe's increasing cultural diversity - rooted in the history of our continent and enhanced by globalisation - in a democratic manner has become a priority in recent years. The White Paper on Intercultural Dialogue - "Living together as equals in dignity", responds to an increasing demand to clarify how intercultural dialogue can enhance diversity while sustaining social cohesion. The White Paper that our common future depends on our ability to safeguard and develop human rights, as enshrined in the European Convention on Human Rights, democracy and the rule of law, and to promote mutual understanding and respect. It concludes that the intercultural approach offers a forward-looking model for the management of cultural diversity.
This publication is an element of the Council of Europe's recent work in the field of positive parenting leading up To The Committee of Ministers' Recommendation Rec (2006) 19 on policy to support positive parenting. The authors review and analyse the major changes affecting parenting in Europe, arising from legal situations, research and practice. This work addresses the core issues related to positive parenting and non-violent upbringing, with particular emphasis on parents' entitlement to support from the state in carrying out their parental tasks. Five themes are focused upon: The legal situation And The results of research: what it means to be a parent according To The United Nations Convention on the Rights of the Child, The Council of Europe and new scientific knowledge; current thinking on the use of violence and corporal punishment against children; responses to family policy, especially in terms of support programs and services for parenting and families; the particular problems and needs of parents and children in situations of social exclusion; And The relationship between parenting and drug-related behavior among children and teenagers. The book also includes the text of the Recommendation Rec(2006)19, "Keys for parents" and "Guidelines for professionals.