The Development of Legal Instruments to Combat Racism in a Diverse Europe

The Development of Legal Instruments to Combat Racism in a Diverse Europe
Author: Jan Niessen
Publisher: Martinus Nijhoff Publishers
Total Pages: 338
Release: 2004-01-01
Genre: Law
ISBN: 900413686X

Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.

Council of Europe Law

Council of Europe Law
Author: Florence Benoît-Rohmer
Publisher: Council of Europe
Total Pages: 248
Release: 2005-01-01
Genre: Business & Economics
ISBN: 9287155941

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.

Framework Convention for the Protection of National Minorities

Framework Convention for the Protection of National Minorities
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 88
Release: 2005-01-01
Genre: Social Science
ISBN: 9789287157027

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 Council of Europe

The Council of Europe
Author: Stefanie Schmahl
Publisher: Oxford University Press
Total Pages: 1057
Release: 2017
Genre: Law
ISBN: 0199672520

The Council of Europe plays a pivotal role in the promotion and protection of human rights in Europe, yet its work is often little understood. This volume provides a comprehensive analysis of the work of the Council of Europe and the legal framework within which it operates.

The Council of Europe

The Council of Europe
Author: Renate Kicker
Publisher: Council of Europe
Total Pages: 130
Release: 2010-01-01
Genre: Political Science
ISBN: 9789287167163

What has been the role of the Council of Europe in the historic process of integrating eastern European states into the "Euro-transatlantic structures"? What has been the impact of the European Court of Human Rights, over the 50 years of its existence, On the protection of human rights in Europe? What effect have the on-site inspections of the European Committee For The Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) had over the last 20 years? These questions and others on the Council of Europe's contribution To The dynamic development of human rights and democracy are addressed in this work, which aims to increase public awareness of the Organisation in general and its contribution in this area within the 47 member states. This overview and assessment of its accomplishments during the 60 years of its existence is carried out by professionals with experience both within and around the Council of Europe.

Legal Instruments for Combating Racism on the Internet

Legal Instruments for Combating Racism on the Internet
Author: Institut suisse de droit comparé
Publisher: Council of Europe
Total Pages: 180
Release: 2009-01-01
Genre: Political Science
ISBN: 9789287165404

Various national and international legal instruments punish hate speech. However, the specific nature of the Internet calls for the adoption of new strategies to combat hate speech promoting racism and violence, which is widely and swiftly disseminated on the web. As the Internet ignores territories and has no boundaries, states cannot control it effectively by unilateral national regulation; what is needed is increased international co-operation. Efforts to harmonise national legislation - including the Additional Protocol to the Council of Europe Convention on Cybercrime - have come up against a series of difficulties. One of these is the fact that there is no universally accepted definition of the illegal nature of racist speech, which can be protected by the right to freedom of expression. This book describes the situation in 10 Council of Europe member and observer, states and discusses the problems faced and solutions introduced by these countries, as well as by European and international organisations and civil society.

The EU Race Directive

The EU Race Directive
Author: Erica Howard
Publisher: Routledge
Total Pages: 239
Release: 2009-10-16
Genre: Law
ISBN: 1135235783

In 2000, the European Union adopted a Directive against discrimination on the grounds of racial or ethnic origin. This book provides an in-depth evaluation of the Race Directive and its effects, questioning how successful the Race directive has been. The EU Race Directive discusses the history of the fight against racial discrimination in the EU and the equality clauses in international Human Rights instruments. It then examines the terms race, racism and racial discrimination and equality in the Directive. The book also looks at the concepts of equality which can be distinguished in the Race Directive and in the subsequent developments at EU level. Examining whether the Directive has improved the protection against racial or ethnic origin discrimination for people within the EU, the book concludes with an assessment of how far the EU has come on the road to racial equality with the adoption of the Race Directive and the subsequent developments. It also contains proposals for possible improvements. The comprehensive and up-to-date analysis in this book goes beyond most other books written on the subject and the specific focus on racism and racial discrimination means a more thorough examination than most texts focusing on discrimination on a larger number of grounds. This book will be of great value to students and academics in (European) law, social sciences and human rights, researching racism, racial discrimination, ethnicity and race relations. It will also be useful for policy makers.

White Paper on Intercultural Dialogue

White Paper on Intercultural Dialogue
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 82
Release: 2010
Genre: Political Science
ISBN:

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.

The Rights of Non-citizens

The Rights of Non-citizens
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: United Nations Publications
Total Pages: 58
Release: 2006
Genre: Law
ISBN:

International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies