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A Selection of

INTERNATIONAL HUMAN RIGHTS STANDARDS

FOR THE OSCE REGION

Compiled by the International Helsinki Federation for Human Rights (IHF)

Table of contents:

                                                                             page

1.                  RIGHT TO LIFE                                                                                                         3

2.                  PROHIBITION OF TORTURE AND INHUMAN OR DEGRADING

TREATMENT                                                                                                 4

3.                  FREEDOM OF EXPRESSION                                                                                   6

4.                  FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY                            8

5.                  FREEDOM OF VOTING AND ELECTIONS                                                            9

6.                  FREEDOM OF THOUGHT, CONCIENCE, RELIGION AND BELIEF                   10

7.                  FREEDOM OF PRIVACY                                                                                         12

8.                  LIBERTY AND SECURITY OF PERSON, ARBITRARY ARREST

AND DETENTION                                                                                                     13

9.                  RIGHT TO A FAIR TRIAL                                                                                         14

10.              PROHIBITION OF DISCRIMINATION                                                                   17

11.              MINORITY RIGHTS                                                                                                  19

12.              FREEDOM OF MOVEMENT                                                                                    21

13.              REFUGEE RIGHTS                                                                                                    22

14.              RIGHTS OF MIGRANT WORKERS                                                             23

15.              HUMAN RIGHTS MONITORS                                                                                 24

16.              HUMANITARIAN LAW                                                                                            25

17.              PROHIBITION OF INCITEMENT TO WAR                                                            25

Abbreviations                                                                                                                           26

RIGHT TO LIFE

United Nations (UN)

• Universal Declaration of Human Rights (UDHR) Art.3: “Everyone has the right to life, liberty and the security of person.”
• International Covenant on Civil and Political Rights (ICCPR) Art.61:

(1): “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

(2): “In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the omission of the crime and not contrary to the provisions o the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.”

·        Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty

Art.1 (1): “No one within the jurisdiction of a State Party to the present Protocol shall be executed.”

Art.1 (2): “Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.”

Art.2 (1): “No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.”

Council of Europe (COE)

• Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) Art.2 .(1): “Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.”
• Protocol No.6 to the ECHR Concerning the Abolition of the Death Penalty

Art.1: “The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.”

Art.2: “A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions.” 

• Protocol No.13 to the ECHR, Concerning the Abolition of the Death Penalty in All Circumstances Art.1: “The death penalty shall be abolished. No one shall be condemned to such penalty or executed.”

Organisation for Security and Co-operation in Europe (OSCE)

• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.24
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.17

• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991
• Concluding Document of Helsinki 1992, Summit Declaration

• Concluding Document of Budapest 1994, Chapter VIII

PROHIBITION OF TORTURE AND INUMAN OR DEGRADING TREATMENT

United Nations (UN)

• UDHR Art.5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment.”
• ICCPR Art.7: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected to without his free consent to medical or scientific experimentation.”
• Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Art.1: (1) “For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

(2) “This article is without prejudice to any international instrument or national legislation, which does or may contain provisions of wider application.”

Art.2: (1) “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”

(2) “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.”

(3) “An order from a superior officer or a public authority may not be invoked as a justification of torture.”

Art.4: (1) “Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.”

(2) “Each State Party shall make these offences punishable by appropriate penalties, which take into account their grave nature.”

Art.12: “Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.”

Art.13: “Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.”

Art.14: (1) “Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.”

(2) “Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.”

Art.15: “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.”

Art.16:  (1) “Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.”

Council of Europe

• ECHR Art.3: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
• European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 1987

OSCE

• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.26
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.16: “The participating States reaffirm their commitment to prohibit torture and other cruel, inhuman or degrading treatment or punishment, to take effective legislative, administrative, judicial and other measures to prevent and punish such practices, to protect individuals from any psychiatric or other medical practices that violate human rights and fundamental freedoms and to take effective measures to prevent and punish such practices.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, no one will be subject to torture or other cruel, inhuman or degrading treatment or punishment.”
• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991

• Concluding Document of Budapest 1994, Chapter VIII Par.20: “The participating States strongly condemn all forms of torture as one of the most flagrant violations of human rights and human dignity.”
• Istanbul Document 1999, Charter for European Security, Par.21: “We (the participating States) are committed to eradicating torture and cruel, inhuman and degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices.”

FREEDOM OF EXPRESSION

United Nations

• UDHR Art.19: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions with out interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
• ICCPR Art.19:

(1) “Everyone shall have the right to hold opinions without interference.”

(2) “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

(3) “The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a)     for respect of the rights or reputations of others;

(b)     for the protection of national security or of public order, or of public health or morals.”

Council of Europe

• ECHR Art.10

(1): “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This right shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.”

(2): “The exercise of these Freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

OSCE

• Concluding Document of Vienna 1989, Questions relating to Security in Europe
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.9 (1): “The participating States reaffirm that everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.  The exercise of this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, every individual has the right to freedom of expression.”

• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991, Par.26: “The participating States reaffirm the right to freedom of expression, including the right to communication and the right of the media to collect, report and disseminate information, news and opinions. Any restriction in the exercise of this right will be prescribed by law and in accordance with international standards. They further recognize that independent media are essential to a free and open society and accountable systems of government and are of particular importance in safeguarding human rights and fundamental freedoms.”

• Concluding Document of Budapest 1994, Chapter VIII, Par.36: “The participating States reaffirm that freedom of expression is a fundamental human right and a basic component of a democratic society. In this respect, independent and pluralistic media are essential to a free and open society and accountable systems of government. They take as their guiding principle that they will safeguard this right.”
• Concluding Document of Budapest 1994, Chapter VIII, Par.37: “They condemn all attacks on and harassment of journalists and will endeavour to hold those directly responsible for such attacks and harassment accountable.”
• Lisbon Document 1996, Summit Declaration, Par.11: “Freedom of the press and the media are among the basic prerequisites for truly democratic and civil societies.”
• Istanbul Document 1999, Summit Declaration, Par.27: “We (the participating States) commit ourselves to ensuring the freedom of the media as a basic condition for pluralistic and democratic societies. We are deeply concerned about the exploitation of the media in areas of conflict to foment hatred and ethnic tension and the use of legal restrictions and harassment to deprive citizens of free media. We underline the need to secure freedom of expression, which is an essential element of political discourse in any democracy.”
• Istanbul Document 1999, Charter for European Security, Par.26: “We reaffirm the importance of independent media and the free flow of information as well s the public’s access to information.”

FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY

United Nations

·        UDHR Art.20:

(1) “Everyone has the right to freedom of peaceful assembly and association.”

(2) “No one may be compelled to belong to an association.”

·        UDHR Art.23:

(4) “Everyone has the right to form and join trade unions for the protection of his interests.”

• ICCPR Art. 21: “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.”

Art.22:

(1) “Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.”

(2) “No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.”

Council of Europe

• ECHR Art.11:

(1): “Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.”

(2): “No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the eh interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions of the exercise of these rights by members of the armed forces, of the police or of the administration of the State.”

OSCE

• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.9.3: “The participating States reaffirm that the right to association will be guaranteed. The right to form and (…) freely to join a trade union will be guaranteed.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.9.2: “The participating States reaffirm that everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, everyone has the right to freedom of association.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, everyone has the right to peaceful assembly.”

FREEDOM OF VOTING AND ELECTIONS

United Nations

·        UDHR Art.21:

(1) “Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”

(2) “Everyone has the right of equal access to public service in his country.”

(3) “The will of the people shall be the basis of the authority of government, this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

• ICCPR Art.25: “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a)    To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b)   To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c)    To have access, on general terms of equality, to public service in his country.”

Council of Europe

• First Protocol to the ECHR Art.3: “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.”

OSCE

• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, everyone has the right to participate in free and fair elections.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.6: “The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the governing of their country, either directly or through representatives freely chosen by them through fair electoral processes.”
• Lisbon Document 1996, Summit Declaration
• Istanbul Document 1999, Charter for European Security, Par.25: “We reaffirm our obligation to conduct free and fair elections in accordance with OSCE commitments, in particular the Copenhagen Document 1990.”

FREEDOM OF THOUGHT, CONSCIENCE, RELIGION OR BELIEF

United Nations

• UDHR Art.18: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”
• ICCPR Art.18:

(1) “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

(2) “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.”

(3) “Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4.

(4) “The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.”

·        Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion and Belief

Art.1:

(1) “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

(2) “No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.”

(3) “Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.”

Art.6: “In accordance with article I of the present Declaration, and subject to the provisions of article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:  

(a)    To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;

(b)   To establish and maintain appropriate charitable or humanitarian institutions;

(c)    To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;

(d)   To write, issue and disseminate relevant publications in these areas;

(e)    To teach a religion or belief in places suitable for these purposes;

(f)     To solicit and receive voluntary financial and other contributions from individuals and institutions;

(g)    To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief;

(h)    To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one's religion or belief;

(i)      To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.”

Council of Europe

• ECHR Art.9:

(1): “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.”

(2): “Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedom of others.”

OSCE

• Helsinki Final Act 1975, Declaration on Principles Guiding Relations between Participating States, Principle VII (1): “The participating States will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.”
• Helsinki Final Act 1975, Declaration on Principles Guiding Relations between Participating States, Principle VII (3): “Within this framework the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictate of his own conscience.” 
• Concluding Document of Madrid 1983, Questions relating to Security in Europe
• Concluding Document of Vienna 1989, Questions relating to Security in Europe
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.9.4: “The participating States reaffirm that everyone will have the right to freedom of thought, conscience and religion. This right includes freedom to change one’s religion or belief and freedom to manifest one’s religion or belief, either alone or in community with others, in public or in private, through worship, teaching, practice and observance. The exercise of these rights may be subject only to such restrictions as are prescribed by law and are consistent with international standards.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, every individual has the right to freedom of thought, conscience and religion or belief.”
• Concluding Document of Budapest 1994, Chapter VIII (27): “Reaffirming their commitment to ensure freedom of conscience and religion and to foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers, (the participating states) expressed their concern about the exploitation of religion for aggressive ends.”
• Istanbul Document 1999, Charter for European Security, Par.19: “We (Tthe participating states) commit ourselves to counter such threats to security as violations of (…) the freedom of thought, conscience, religion or belief.”
• Decisions of the Tenth Meeting of the Ministerial Council, Porto 2002, Decision on Tolerance and Non-Discrimination, Section 5: “(The Ministerial Council) condemns discrimination on religious grounds and undertakes to endeavour to prevent and protect against attacks directed at any religious group, whether on persons or on places of worship or religious objects.”

FREEDOM OF PRIVACY

United Nations

• UDHR Art.12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputations. Everyone has the right to the protection of the law against such interference or attacks.”
• ICCPR Art.17:

(1) “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”

(2) “Everyone has the right to the protection of the law against such interference or attacks.”

Council of Europe

• ECHR Art.8:

(1): “Everyone has the right to respect for his private and family life, his home and his correspondence.”

(2): “There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

OSCE

• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991, Par.24: “The participating States reconfirm the right to the protection of private and family life, domicile, correspondence and electronic communications. In order to avoid any improper or arbitrary intrusion by the State in the realm of the individual, which would be harmful to any democratic society, the exercise of this right will be subject only to such restrictions as are prescribed by law and are consistent with internationally recognized human rights standards. In particular the participating States will ensure that searches and seizures of persons and private premises and property will take place only in accordance with standards that are judicially enforceable.”

LIBERTY AND SECURITY OF PERSON, ARBITRARY ARREST

AND DETENTION

United Nations

• UDHR Art.9: “No one shall be subjected to arbitrary arrest, detention or exile.”
• ICCPR Art.9:

(1) “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”

(2) “Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.”

(3) “Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.”

(4) “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.”

(5) “Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.”

Art.10: (1) “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”

Council of Europe

• ECHR Art.5 (1): “Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a)     the lawful detention of a person after conviction by a competent court;

(b)    the lawful arrest or detention of a person for non-compliance with the lawful order of a court;

(c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing having done so;

(d)    the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e)     the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f)      the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.”

OSCE

• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.23.1: “(The participating States will) ensure that no one will be subjected to arbitrary arrest, detention or exile.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, no one will be subject to arbitrary arrest or detention.”
• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991, Par.23.1 (i): “The participating States will ensure that no one will be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.”

RIGHT TO A FAIR TRIAL

United Nations

• UDHR Art.6: “Everyone  has the right to recognition everywhere as a person before the law.”

Art.10: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”

Art.11:

(1) “Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defencse.”

(2) “No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.”

• ICCPR Art.14

(1) “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.”

(2) “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.”

(3) “In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a)    To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b)   To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c)    To be tried without undue delay;

(d)   To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e)    To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f)     To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g)    Not to be compelled to testify against himself or to confess guilt.”

• ICCPR Art.15

(1) “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.”

(2) “Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.”

Council of Europe

• ECHR Art.6

(1) “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”

(2): “Everyone charged with a criminal offence shall be presumed innocent until proven guilty.”

• ECHR Art.7

(1): “No one shall be held guilty of any criminal offence on account or omission which did not constitute a criminal offence under national or international law at the time when it was committed.”

(2): “This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by civilized nations.”

OSCE

• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.5.9: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.5.15: “Any person arrested or detained on a criminal charge will have the right, so that the lawfulness of his arrest or detention can be decided, to be brought promptly before a judge or other officer authorized by law to exercise this function.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.5.16: “In determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.5.18: “No one will be charged with, tried for or convicted of any criminal officeoffence  unless that offence is provided for by a law which defines the elements of the offence with clarity and precision.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.5.19: “Everyone shall be presumed innocent until proved guilty according to law.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that, without discrimination, everyone has the right to a fair and public trial if charged with an offence.”
• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991
• Concluding Document of Budapest 1994, Chapter VIII
• Istanbul Document 1999, Charter for European Security

PROHIBITION OF DISCRIMINATION

United Nations

·        UDHR

Art.2: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”

Art.7: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”

• ICCPR Art.26: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

·        Declaration on the Elimination of All Forms of Racial Discrimination

Art.1: “Discrimination between human beings on the ground of race, colour or ethnic origin is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights, as an obstacle to friendly and peaceful relations among nations and as a fact capable of disturbing peace and security among peoples.”

Art.2:

(1) “No State, institution, group or individual shall make any discrimination  whatsoever in matters of human rights and fundamental freedoms in the treatment of persons, groups of persons or institutions on the ground of race, colour or ethnic origin.”

(2) “No State shall encourage, advocate or lend its support, through police action or otherwise, to any discrimination based on race, colour or ethnic origin by any group, institution or individual.”

·        Convention on the Elimination of Racial Discrimination Art.2:

(1) “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end:

(a)    Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to en sure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;

(b)   Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations;

(c)    Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;

(d)   Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization;

(e)    Each State Party undertakes to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division.”

• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Art.2:

(1) “No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.”

(2) “For the purposes of the present Declaration, the expression "intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.”

Council of Europe

• ECHR Art.14: “The enjoyment of the rights and freedoms as set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
• Protocol No.12 to the ECHR Art.1

(1): “The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”

(2): “no one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.”

OSCE

• Helsinki Final Act 1975, Declaration on Principles Guiding Relations between Participating States, Principle VII (1): “The participating States will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.”
• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.13.7: “(The participating States) ensure human rights and fundamental freedoms to everyone within their territory and subject to their jurisdiction, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par.5.9: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground.”
• Concluding Document of Budapest 1994, Summit Declaration
• Istanbul Document 1999, Summit Declaration, Par.2: “(The participating States) reiterate unreservedly (their) commitment to respect human rights and fundamental freedoms and to abstain from any form of discrimination.”
• Decisions of the Tenth Meeting of the Ministerial Council, Porto 2002, Decision on Tolerance and Non-Discrimination: “The Ministerial Council, reaffirming the internationally recognized prohibition of discrimination, without adverse distinction of any kind, such as race, colour, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status, condemns in strongest terms all manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, as well as hate speech and occurrences of discrimination based on religion or belief.” 

MINORITY RIGHTS

United Nations

• ICCPR Art. 27: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.”
• Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

Art.1: “States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.”

Art.2:

(1) “Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.”

(2) “Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life.”

(3) “Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.”

(4) “Persons belonging to minorities have the right to establish and maintain their own associations.”

(5) “Persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.”

Council of Europe

• Framework Convention for the Protection of National Minorities 1995 Art.3. (1): “Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.”
• Framework Convention for the Protection of National Minorities 1995 Art.4. (1): “The parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.”
• Framework Convention for the Protection of National Minorities 1995
• European Charter for Regional or Minority Languages 1992

OSCE

·        Helsinki Final Act 1975, Declaration on Principles Guiding Relations between Participating States, Chapter VII:  “The participating States on whose territory national minorities exist will respect the right of persons belonging to such minorities to equality before the law, will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere.”

• Concluding Document of Madrid 1983, Questions relating to Security in Europe
• Concluding Document of Vienna 1989, Questions relating to Security in Europe
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990, Par. 31: “Persons belonging to national minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law.”
• Charter of Paris for a New Europe 1990, Human Rights, Democracy and Rule of Law: “We affirm that the ethnic, cultural, linguistic and religious identity of national minorities will be protected and that persons belonging to national minorities have the right freely to express, preserve and develop that identity without any discrimination and in full equality before the law.”
• Charter of Paris for a New Europe 1990, Human Dimension: “We further acknowledge that the rights of persons belonging to national minorities must be fully respected as part of universal human rights.”
• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991
• Concluding Document of Helsinki 1992, Summit Declaration
• Concluding Document of Budapest 1994, Chapter VIII (2): “The protection of human rights, including the rights of persons belonging to national minorities, is an essential foundation of democratic, civil society. Neglect of these rights has, in severe cases, contributed to extremism, regional instability and hatred.”
• Lisbon Document 1996, Declaration on a Common and Comprehensive Security Model for Europe for the Twenty-First Century
• Istanbul Document 1999, Summit Declaration
• Istanbul Document 1999, Charter for European Security, Par.9: “We (the participating States) will reinforce our efforts to ensure full respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities.”
• Decisions of the Ninth Meeting of the Ministerial Council, Bucharest 2001, Plan of Action for Combating Terrorism, Section III (11): “(The participating States) will promote and enhance tolerance, co-existence and harmonious relations between ethnic, religious, linguistic and other groups as well as constructive co-operation among participating States in this regard. (…) Will work to ensure that persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity.”
• Decisions of the Tenth Meeting of the Ministerial Council, Porto 2002, Decision on Tolerance and Non-Discrimination, Section 1 (c): “(The Ministerial Council) undertakes to further promote the rights of persons belonging to national minorities.”

FREEDOM OF MOVEMENT

United Nations

·        UDHR Art.13:

(1) “Everyone has the right to freedom of movement and residence with in the borders of each State.”

(2) “Everyone has the right to leave any country, including his own, and to return to his country.”

·        ICCPR Art.12:

(1) “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.”

(2) “Everyone shall be free to leave any country, including his own.”

(3) “The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.”

(4) “No one shall be arbitrarily deprived of the right to enter his own country.”

Council of Europe

• Protocol No.4 (Securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto) to the ECHR Art.2:

(1) : “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.”

(2): “Everyone shall be free to leave any country, including his own.”

(3): “No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of public order (ordre public), for the prevention of crime, for the protection of health and morals, or for the protection of the rights and freedoms of others.”

(4): “The rights set forth in paragraph 1I may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society.”

OSCE

• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.20: “The participating States will respect fully the right of everyone to freedom of movement and residence within the borders of each State, and to leave any country, including his own, and to return to his country.”
• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.21: “The participating States will ensure that the exercise of the above-mentioned rights will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law.”
• Charter of Paris for a New Europe 1990, Human Dimension: “In accordance with our CSCE commitments, we stress that free movement and contacts among our citizens as well as the free flow of information and ideas are crucial for the maintenance and development or free societies and flourishing cultures.”
• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991, Par.33: “The participating States will remove all legal and other restrictions with respect to travel within their territories for their own nationals and foreigners, and with respect to residence for those entitled to permanent residence, except those restrictions which may be necessary and officially declared for military, safety, ecological or other legitimate government interests, in accordance with their national laws, consistent with CSCE commitments and international human rights obligations.”

REFUGEE RIGHTS

United Nations

·        UDHR Art.14:

(1) “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”

(2) “This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.”

• Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Art. 3:

(1) “No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

(2) “For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.”

• Convention relating to the Status of Refugees

OSCE

• Istanbul Document 1999, Charter for European Security, Par.22: “We reject any policy of ethnic cleansing or mass expulsion. We reaffirm our commitment to respect the right to seek asylum and to ensure the international protection of refugees as set out in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as to facilitate the voluntary return of refugees and internally displaced persons in dignity and safety. We will pursue without discrimination the reintegration of refugees and internally displaced persons in their places of origin.”

RIGHTS OF MIGRANT WORKERS

United Nations

·        UDHR Art.23:

(2) “Everyone, without any discrimination, has the right to equal pay for equal work.”

(3) “Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary by other means of social protection.”

• International Convention on the Protection of the Rights of All
  Migrant Workers and Members of Their Families

Council of Europe

·        European Social Charter, Art.19

OSCE

• Helsinki Final Act 1975, Economic and social aspects of migrant labour: “The participating States (aim) to ensure equality of rights between migrant workers and nationals of the host countries with regard to the conditions of employment and work and to social security, and to endeavour to ensure that migrant workers may enjoy satisfactory living conditions, especially housing conditions.”
• Concluding Document of Madrid 1983, Co-operation in the Field of Economics, of Science and Technology and of the Environment
• Concluding Document of Vienna 1989, Co-operation in other areas
• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990
• Charter of Paris for a New Europe 1990, Migrant Workers: “We recognize that the issues of migrant workers and their families legally residing in host countries have economic, cultural and social aspects as well as their human dimension. We reaffirm that the protection and promotion of their rights, as well as the implementation of relevant international obligations, is our common concern.”
• Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE 1991
• Concluding Document of Helsinki 1992, Decisions, Chapter VI
• Concluding Document of Budapest 1994, Decisions, Chapter VIII (28): “The participating States reconfirm that human rights are universal and indivisible. They recognize that the protection and promotion of the rights of migrant workers have their human dimension. They underline the right of migrant workers to express freely their ethnic, cultural, religious and linguistic characteristics. The exercise of such rights may be subject to such restrictions as are prescribed by law and consistent with international standards.”
• Concluding Document of Budapest 1994, Decisions, Chapter VIII (30): “(The participating States) reconfirm their condemnation of all acts of discrimination on the ground of race, colour and ethnic origin, intolerance and xenophobia against migrant workers. They will, in conformity with domestic law and international obligations, continue to take effective measures to this end.”

HUMAN RIGHTS MONITORS

United Nations

• Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms

OSCE

• Concluding Document of Vienna 1989, Questions relating to Security in Europe, Par.13.5: “The participating States respect the right of their citizens to contribute actively, individually or in association with others, to the promotion and protection of human rights and fundamental freedoms.”
• Concluding Document of Vienna 1989, Questions relating to Security in Europe
• Concluding Document of Budapest 1994, Decisions, Chapter VIII (18): “The participating States further emphasize (…) the need for protection of human rights defenders.”

HUMANITARIAN LAW

United Nations

• Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
• Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
• Geneva Convention relative to the Treatment of Prisoners of War
• Geneva Convention relative to the Protection of Civilian Persons in Time of War

OSCE

• Concluding Document of Helsinki 1992, Decisions, Chapter VI (47): “The participating States recall that international humanitarian law is based upon the inherent dignity of the human person.”
• Concluding Document of Helsinki 1992, Decisions, Chapter VI (48): ‘The participating States will in all circumstances respect and ensure respect for international humanitarian law including the protection of the civilian population.”
• Concluding Document of Budapest 1994, Decisions, Chapter VIII
• Istanbul Document 1999, Charter for European Security

PROHIBITION OF INCITEMENT TO WAR

United Nations

·        ICCPR Art.20:

(1) “Any propaganda for war shall be prohibited by law.”

(2) “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”

OSCE

• Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE 1990 (40): “The participating States clearly and unequivocally condemn totalitarianism, racial and ethnic hatred, anti-sSemitism, xenophobia and discrimination against anyone as well as persecution on religious and ideological grounds.”
• Charter of Paris for a New Europe 1990, Human Dimension, Par.4: “We express our determination to combat all forms of racial and ethnic hatred, anti-Semitism, xenophobia and discrimination against anyone as well as persecution on religious and ideological grounds.”
• Concluding Document of Helsinki 1992
• Document of the Third Meeting of the CSCE Council, Stockholm, 1992
• Document of the Fourth Meeting of the CSCE Council, Rome 1993
• Concluding Document of Budapest 1994, Decisions, Chapter VIII (25): “The participating States condemn manifestations of intolerance, and especially of aggressive nationalism, racism, chauvinism, xenophobia and anti-sSemitism, and will continue to promote effective measures aimed at their eradication.”
• Lisbon Document 1996, Summit Declaration
• Istanbul Document 1999, Charter for European Security, Par.19: “We commit ourselves to counter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and manifestations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-Ssemitism.”
• Decisions of the Tenth Meeting of the Ministerial Council, Porto 2002, Tolerance and Non-Discrimination, Section 1(a): “(The Ministerial Council) condemns in strongest terms all manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, as well as hate speech and occurrences of discrimination based on religion or belief.”

Abbreviations:

CAT:                Convention against Torture and other Cruel, Inhuman or Degrading Treatment

or Punishment (www.unhchr.ch)

COE:               Council of Europe (www.coe.int)

CSCE:             Conference for Security and Co-operation in Europe (see OSCE)

ECHR:             European Convention on Human Rights (http://conventions.coe.int/treaty/)

ICCPR:            International Covenant on Civil and Political Rights (www.unhchr.ch)

OSCE:             Organisation for Security and Co-operation in Europe (www.osce.org)

UDHR: Universal Declaration of Human Rights ()

UN:                  United Nations (www.un.org)