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A RESOURCE GUIDE
Introducing Human Rights: A Week's Seminar Contents
UN Human Rights Activities
The United Nations has several Human Rights programs. Its UN Technical Cooperation Program in the Field of Human Rights allows participating states to request technical assistance in the training of judges, police officers, lawyers, or members of the armed forces. In some countries it establishes a long-term field presence in troubled regions. For example, the UN recently opened an office in Abkhazia, Georgia to protect human rights of the local population, deal with internally displaced persons, help refugees return, and report on human rights to the United Nations. Institutionally, the UN has six committees monitoring its major Human Rights treaties. This is done through reviewing reports from member states filed under those treaties and, when necessary, engaging states in constructive dialogue about treaty fulfillment. Three UN groups accept individual human rights complaints against governments; the Human Rights Committee, Committee against Torture, and the Committee on Racial Discrimination. Outside the treaty mechanism, special rapporteurs may be appointed to review country specific or general thematic problems.
A UN publication notes: ��Anyone may bring a human rights problem to the attention of the United Nations and thousands of people around the world do so each year. Treaty-based complaints procedures are operational under the Optional Protocol to the International Covenant on Civil and Political Rights, Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination. These procedures can be applied in relation to States Parties which have ratified (in the case of the Optional Protocol) or have made a declaration under the appropriate article (in the case of the Conventions).�� 94
The Centre for Human Rights, Geneva, under supervision of the High Commissioner for Human Rights, is the main UN agency dealing with human rights issues on a day-to-day basis. It contains a Research and Right to Development Branch, a Support Services Branch, and an Activities and Programs Branch, the latter carrying out field operations in places like the former Yugoslavia.
Of particular note are several recent UN publications in support of training programs conducted in individual countries. They include works for judges, social workers, prison officials, police, prosecutors and other legal offices and cover the content of the main UN accords and how they are applied in the daily life of law enforcement and administration of justice officials.
Details for contacting the various United Nations offices are contained elsewhere in this publication.
OSCE��s Human Rights Activities
OSCE��s Office of Democratic Institutions and Human Rights (ODIHR) has an active rule of law program to strengthen the independence of the judiciary in emerging democracies, analyzing draft legal codes for their conformity to international human rights norms, and conducting seminars for judges and other administration of justice officials on professional topics, including human rights accords, free media, and related issues. Since 1991 OSCE has been active in organizing and monitoring elections in countries including Albania, parts of the former Yugoslavia, Belarus, Bulgaria, the Russian Federation, Romania, Latvia, Lithuania, Kazakhstan, Ukraine, Armenia and Georgia, among others. Human Dimension seminars and meetings are organized periodically in Warsaw and elsewhere on topics like Free Media, Migrant Workers, Local Democracy, and the Situation of Roma Populations. ODIHR has an active program for contact with NGOs, maintaining contact with NGO networks and inviting NGOs to participate in Human Dimension seminars, implementation meetings and review conferences, and assisting NGOs with election monitoring.
The Council of Europe��s Human Rights Activity
The Council of Europe has numerous well-established assistance programs with countries of central and eastern Europe, such as the Demosthenes, Themis, and Demo-droit programs. The oldest of these programs is the Demosthenes program, modified since its origins in 1990 by the Demosthenes-Bis program for states of the former Soviet Union and others with ��guest�� status. Judges, lawyers, journalists, youth leaders, civil servants, leaders of civic associations and NGOs, national and local leaders in the various fields relevant to Council of Europe activities all are potential participants in this program.
The Council��s Themis program is uniquely aimed at legal cooperation, including training judges, prosecutors, lawyers, notaries, prison administrators and judicial administrators in human rights and rule of law skills. Program themes include: the role of the judge in a democratic society, the transformation of the procuratura into a body compatible with democratic governance, management of ministries of justice, the police in transitional societies, new concepts in prison system administration, the notary as a guarantor of legal security in a democratic state, drafting laws in a state governed by the rule of law, lawyers and bar associations in a modern state.
The Demo-droit program, an offshoot of the Demosthenes program, focuses on the judicial system, emphasizes the independence of the judiciary, access to justice, and reform of criminal codes and codes of criminal procedure, and is aimed at bringing national legislation in the countries of central and eastern Europe more closely into line with the legal instruments of the Council of Europe. Open to countries whether or not they are members of the Council of Europe, the program includes seminars, training workshops, study visits in western European countries, and analysis of draft legislation, such as constitutions, civil and criminal procedure codes, and laws on the status of the judiciary.
The Venice Commission
The European Commission for Democracy through Law, also known as the Venice Commission, was established in 1990 pursuant to a Partial Agreement of the Council of Europe. It is a consultative body which cooperates with member States of the Council of Europe and with non-member States. It is composed of independent experts in the fields of law and political science whose main tasks are the following:
�� to help new Central and Eastern European democracies to set up new political and legal infrastructures;
The activities of the Venice Commission comprise, inter alia, research, seminars and legal opinions on issues such as constitutional reform, electoral laws and the protection of minorities, as well as the collection and dissemination of case-law in matters of constitutional law from Constitutional Courts and other equivalent courts.
The Venice Commission has set up a Centre on Constitutional Justice whose purpose is to further the knowledge of constitutional law and democratic values in Europe by gathering and disseminating all information relevant to European constitutional development.
The Secretariat of the Venice Commission and the Centre on Constitutional Justice are based at the Council of Europe.
Council of Europe/Conseil de l��Europe
INTRODUCING HUMAN RIGHTS:
Sometimes the question is asked, ��How do you organize a training seminar on human rights subjects?�� The following model is adapted from seminars held by the OSCE, Council of Europe, and UN. Although designed as a seven-day event, the format can be adapted for shorter seminars as well.
DAY ONE:
Afternoon:
DAY TWO:
Afternoon:
DAY THREE:
Afternoon:
DAY FOUR:
Afternoon:
DAY FIVE:
Afternoon:
DAY SIX:
Afternoon:
DAY SEVEN:
Closing Luncheon. (In case of time constraints, some of the sessions can be shortened or eliminated, especially for the last two days.)
The Bulletin on Constitutional Case Law
The Bulletin on Constitutional Case Law reports three times a year, in English and French on the most significant decisions of constitutional courts and courts of equivalent jurisdiction in Greater Europe and other continents, as well as those of the European Court of Human Rights and the Court of Justice of the European Communities.
The Bulletin aims at quickly informing the reader of the key points of a decision.
The decision is first identified according to specific reference information. Following a brief presentation of the legal issues raised the summary presents the facts of the case and the reasoning of the decision. Moreover, a systematic thesaurus especially developed by the Venice Commission and liaison officers of participating courts allows easy access to information sought in relation to specific subjects.
The Bulletin thus offers a broad, periodic overview and update on constitutional developments.
Its aim is to allow all persons interested in the evolution of constitutional law – lawyers, members of the judiciary, civil servants, researchers and students – to find information quickly. The Bulletin is thus a highly practical tool.
The Venice Commission is also publishing a series of special editions: the Special Bulletin. The first series presents the legal context of constitutional jurisdictions (descriptions and basic texts); the second will be devoted to the leading judgments in the constitutional case-law of Greater Europe and other countries.
Bulletin on Constitutional Case Law
CSCE Digest
Eastern European Constitutional Review
Center for the Study of Constitutionalism in Eastern Europe
or: Eastern European Constitutional Review
Helsinki Monitor
Netherlands Quarterly of Human Rights
Human Rights Law Journal
Human Rights Quarterly
OSCE-Jahrbuch
The SIPRI Yearbook: Armaments, Disarmament and International Security
ELECTRONIC FORMAT RESOURCE MATERIALS
DATABASES
Human Rights on CD-ROM: Bibliographical Database for United Nations Documents and Publications, United Nations, New York, 1994.
International Committee of the Red Cross, International Humanitarian Law ��IHL�� CD-ROM, International Committee of the Red Cross, Geneva, Switzerland.
LEXIS-NEXIS
UN Index on CD-ROM, NewsBank/Readex, New Canaan, CT
WESTLAW
INTERNET
American University Washington College of Law WWW, Center for Human Rights and Humanitarian Law
Amnesty International On-Line (Official Internet Site)
Coalition for International Justice
Department of State Foreign Affairs Network
Diana (Yale Law School)
Diana (University of Cincinnati Law School)
Human Rights Watch
Human Rights Web
International Affairs Resources (previously IANWEB)
International Committee of the Red Cross (ICRC)
OSCE
United Nations Commission on Human Rights Reports
University of Minnesota Human Rights Library
World Bank
USEFUL ADDRESSES AND RESOURCES
OSCE
Documentation Section of the Prague Office of the OSCE Secretariat
Organization for Security and Cooperation in Europe
OSCE High Commissioner on National Minorities
UN
United Nations Centre for Human Rights
Centre for Social Development and Humanitarian Affairs
United Nations High Commissioner for Refugees
Council of Europe
European Commission on Human Rights
European Committee for the Prevention of Torture
Human Rights Information Center
Council of Europe Human Rights Grants and Fellowships Program
The European Commission for Democracy through Law, the Venice Commission
Non-governmental Organizations
American Society of International Law
Amnesty International
Association of Bulgarian Lawyers for Human Rights
Bulgarian Association for Fair Elections and Civil Rights
Canadian Lawyers Association for International Human Rights
Center for Human Rights and Humanitarian Law of American University
Center for the Study of Human Rights
Centre for Women War Victims
Centre International de Formation a l��Ensignement des Droits de l��Homme et de la Paix
Centre of Human Rights/Centre of Documentation and Information on Human Rights in East Europe
Conseil International en Droits de l��Homme
Croatian Council of the European Movement
Croatian Humanitarian Forum
Defense for Children International
Estonian Institute for Human Rights
European Centre for Human Rights Education
Federation Internationale de l��Action des Chretiens pour l��Abolition de la Torture
European Roma Rights Center
Federation Internationale des Droits de l��Homme
Federation Internationale des Journalistes
Federation Internationale des Ligues des droits de l��Homme
Fellowship of Reconciliation/USA
First Children��s Embassy
Forum for Human Rights of the Republic of Macedonia
Foundation on Inter-Ethnic Relations
Foundation for Roma Child
Friends World Committee for Consultation
GlasNet
Group for the Defense of Human Rights of the Disabled
Helsinki Citizen��s Assembly
Helsinki Citizen��s Assembly, Macedonia
Helsinki Committee-Albania
Helsinki Committee-Alma Ata
Helsinki Committee-Bulgaria
Helsinki Committee-Canada
Helsinki Committee-Croatia
Helsinki Committee-Czech Republic
Helsinki Committee-Finland
Helsinki Committee-France
Helsinki Committee-Germany
Helsinki Committee-Hungary
Helsinki Committee-Italy
Helsinki Committee-Kosova
Helsinki Committee-Netherlands
Helsinki Committee-Romania
Helsinki Committee-Norway
Helsinki Committee-Slovenia
Helsinki Committee-Slovakia
Helsinki Committee-Spain
Helsinki Committee-Sweden
Helsinki Committee-Switzerland
Helsinki Committee-UK
Helsinki Committee-USA
Helsinki Group-Russian Federation
Helsinki Foundation for Human Rights
Human Rights Center
Human Rights Information and Documentation System
Human Rights Program
Human Rights Watch
Hungarian Human Rights Foundation
Institute for Human Rights and Democracy
Institute for Human Rights and Political Studies
International Alert
International Bar Association
International Commission of Jurists
International Committee of the Red Cross
International Helsinki Federation for Human Rights
International Ombudsman Institute
Inter-Parliamentary Union
Interrights
Lawyers Committee for Human Rights
Max-Planck-Institut fur Auslandisches Offentliches Recht und Volkerrecht
Memorial Human Rights Center
Minnesota Advocates for
Minority Rights Group
Movement of Human Rights of Kyrgyzstan, 720000
Netherlands Institute of
Polska Liga Obrony Praw Czlowieka
Poznan Human Rights Center
Romani International Union
Romanian Association for
Some Non-governmental Organizations Funding Human Rights Activities
Ford Foundation
Friedrich Ebert Stiftung
Friedrich Naumann Stiftung
Konrad Adenauer Stiftung
Nederlandse Organisatie
Reporters sans fronti��es
Soros Foundations
Westminster Foundation for Democracy
The United States Agency for International Development has a number of grants supporting non-governmental human rights organizations in different countries. Application should be made through USAID in the American Embassy of the host country. Additional information can be obtained from:
BIBLIOGRAPHY
Amnesty International Handbook, Amnesty International Publications, New York, New York, 1991. A valuable guide to international human rights law, how to organize a non-governmental human rights organization, etc.
Ralph Beddard, Human Rights and Europe, third edition, Grotius Publications Limited, Cambridge, England, 1993.
Vincent Berger, Case Law of the European Court of Human Rights, in three volumes, The Round Hill Press, Dublin, 1989-1995. Summaries of cases and comments on domestic legal changes induced by the cases.
British Institute of Human Rights, Human Rights Case Digest (1990-), Sweet & Maxwell, London.
Thomas Buergenthal, International Human Rights in a Nutshell, second edition; West Publishing Co., St. Paul, Minn., 1995. An important summary volume.
Centre for Human Rights: Manual on Human Rights Reporting: Under Six Major International Human Rights Instruments, United Nations, Geneva, 1991.
Chart Showing Signatures and Ratifications of Council of Europe Conventions and Agreements (1960-),Council of Europe Press, Strasbourg, ND.
Luke J. Clements, European Human Rights: Taking a Case Under the Convention, Sweet & Maxwell, London, 1994.
Council of Europe, Yearbook of the European Convention on Human Rights (1955/57-), Martinus Nijhoff Pub., The Hague, The Netherlands. Contains text of Protocols to the Convention, reservations, Commission and Court procedures, texts of Commission decisions and Court summary judgments.
Digest of Strasbourg Case Law Relating to the European Convention on Human Rights (1984-1985), Carl Heymanns Verlag, K��n, Germany, 6 vols. Periodically updated in loose-leaf volumes.
Kathryn English & Adam Stapleton, The Human Rights Handbook: a Practical Guide to Monitoring Human Rights, The Human Rights Center, University of Essex, Colchester, United Kingdom, 1995.
European Commission of Human Rights, Decisions and Reports = D��isions et Rapports (1975-).
European Court of Human rights, Publications of the European Court of Human Rights, Publications of the European Court of Human Rights=Publications de la Cour Europ��nne des Droits de l��Homme, Council of Europe, Strasbourg. Series A (1974-), Series B (1965-). Judgments and decisions of the Court are contained in Series A, oral arguments, pleadings, and related documents in Series B.
European Law Center, European Human Rights Reports [EHRR] (1979-) (unofficial), Sweet & Maxwell, London. Court decisions since 1960, plus select Commission decisions and Committee of Ministers resolutions.
Framework Convention for the Protection of National Minorities, Council of Europe, Strasbourg, France, 1995.
From Helsinki to Vienna: Basic Documents of the Helsinki Process, Arie Bloed (ed.) Martinus Nijhoff Publishers, Dordrecht, The Netherlands, 1993.
Donna Gomien, Short Guide to the European Convention on Human Rights, Council of Europe, Publishing and Documentation Service, Strasbourg, 1993. A valuable short summary of Convention jurisprudence by a respected international expert.
Donna Gomien, David Harris, Leo Zwaak, Law and Practice of the European Convention on Human Rights and the European Social Charter, Council of Europe Publishing, Strasbourg, 1996. A somewhat more extended commentary on Convention jurisprudence and Charter contents by three leading European Human Rights experts.
Guide to International Human Rights Practice, (second edition), Hurst Hannum (ed.) for the Procedural Aspects of International Law Institute in collaboration with the International Human Rights Law Group, University of Pennsylvania Press, Philadelphia, 1992.
Human Rights, a Compilation of International Instruments, in two volumes. United Nations Publication ST/HR/1/Rev.5 (Vol. I, Part I and Part II) United Nations, New York and Geneva, 1994.
Human Rights and the Judiciary, a Collection of International Documents, edited by Frederick Quinn and Andrzej Rzeplinski, OSCE/ODIHR, Warsaw, Poland, 1995. In Russian.
Human Rights in the Administration of Justice, a Manual on Human Rights for Judges and Lawyers, Professional Training Series, No. 6, United Nations, High Commissioner, Center for Human Rights, Geneva, 1997.
Human Rights in International Law, Basic Texts, Council of Europe Press, Council of Europe, Publishing and Documentation Service, Strasbourg, 1992.
Human Rights Internet Reporter, a Listing of Organizations Concerned with Human Rights and Social Justice Worldwide, Supplement to Volume 15 of the Human Rights Internet Reporter, 1994, Human Rights Internet, Ottawa, ON, Canada, 1994. A comprehensive listing of Human Rights organizations current through 1994.
Mark W. Janis and Richard S. Kay, European Human Rights Law, the University of Connecticut Law School Foundation Press, Hartford, Connecticut, 1990.
Franz Kafka, The Trial, Schoken Books, New York, 1992.
Antonio La Pergola, ��The European Constitutional Heritage,�� Introductory Statement, UniDem Seminar, European Commission for Democracy through Law, Montpellier, France, November 22-23, 1996, Council of Europe Document CDL-UDM (96) II, Strasbourg, France, November 7, 1996.
Richard B. Lillich and Hurst Hannum, International Human Rights, Problems of Law, Policy, and Practice, third edition, Little, Brown and Company, New York, 1995.
Frank Newman and David Weissbrodt, International Human Rights: Law, Policy, and Process, second edition, Anderson Publishing Company, Cincinnati, Ohio, 1996.
Frank Newman and David Weissbrodt, International Human Rights: Law, Policy, and Process, Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law, second edition, Anderson Publishing Company, Cincinnati, Ohio, 1996.
A.H. Robertson and J.G. Merrills, Human Rights in Europe, a Study of the European Convention on Human Rights, third edition, Manchester University Press, Manchester, England, 1993. A perceptive commentary on Commission and Court procedures and case law.
Henry J. Steiner and Philip Alston, International Human Rights in Context, Law, Politics, Morals, Clarendon Press, Oxford, 1996.
Hanna Suchocka, ��Europe��s Constitutional Heritage and Social Differences,�� UniDem Seminar, European Commission for Democracy through Law, Montpellier, France, November 22-23, 1996, Council of Europe Document CDL-UDM (96) 2, Strasbourg, France, November 14, 1996.
World Conference on Human Rights, The Vienna Declaration and Programme of Action, United Nations Publication DPI/1394-39399-August 1994-20M, New York, 1993.
Human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government. Respect for them is an essential safeguard against an over-mighty State. Their observation and full exercise are the foundation of freedom, justice and peace.
Democratic government is based on the will of the people, expressed regularly through free and fair elections. Democracy has as its foundation respect for the human person and the rule of law. Democracy is the best safeguard of freedom of expression, tolerance of all groups of society and equality of opportunity for each person.
Democracy, with its representative and pluralist character, entails accountability to the electorate, the obligation of public authorities to comply with the law and justice administered impartially. No one will be above the law.
Charter of Paris for a New Europe-CSCE Summit
Paris, November 21, 1990
About the author
Dr. Frederick Quinn has assisted many governments in the New Independent States on constitutional and judicial change and has led seminars on these issues throughout Central and Eastern Europe. A former International Programs Adviser to the Federal Judicial Center, Washington, D.C., Dr. Quinn is author of Democracy at Dawn: Notes from Poland and Points East, and (with Andrez Rzeplinski) Human Rights and the Judiciary, a Collection of International Documents, The Federalist Papers Reader and other books plus numerous articles for The Legal Times and other publications on international legal and political issues. He worked closely with the Chief Justice of the United States, Warren E. Burger, during the Bicentennial of the U.S. Constitution and is a former Rule of Law Advisor to OSCE/ODIHR.
OSCE
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