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Human rights: Basic mission PDF Nyomtatás E-mail
Írta: Bajram Haliti   
2012. szeptember 09. vasárnap, 20:36

Protection and improvement of human rights is of fundamental importance for the role of Council of Europe. With headquarters in Strasbourg /France/, Council works on development of joint measures for addressing the problems with which is faced society in countries members. Council of Europe, first European organization, is born four years after the United Nations, in May 1949 in London, on the debris of Barbarous acts in World War II. Political willingness of countries founders to realize unity of members should have concentrate to the efforts to “defend and improve their joint ideals and principles, and to encourage social and economic progress”.
Statute of Organization is explicitly based on human rights respect and primary on rule of law. This implies protection and improvement of dignity and freedoms of individuals in frames of right, which has to be constantly strengthened. Statute goes further: it provides that each serious human rights violation from side of countries members represents basis for their suspension or exclusion.
Historical step was made already in 1948 with Universal declaration about human rights, which proclaims universality and indivisibility of human rights. Council of Europe, from its side, has shown its commitment to human rights by adoption of European Convention on human rights in 1950. Since then, ratification of this Convention became a membership condition in Organization. In 1961 followed European Social Charter as a match of Convention on the field of economic and social rights.
On the field of human rights, Council of Europe’s work implies with its conventions or in other ways:
• Protection of citizens’ and political rights through the mechanisms of individual complaints, while in front of the European Court of Human Rights can be started investigation about alleged violations;
• Protection of social and economic rights through the mechanisms of European Social Charter;
• Protection of persons deprived of freedom through the systems of visits from side of the The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;
• Protection of national minorities’ rights through the Framework Convention for the protection of national minorities;
• Achievement of equality of women and men (The Steering Committee for Equality between Women and Men);
• Fight against racism, xenophobia, anti-Semitism and intolerance;
• Broadening of freedom of expression and informing in medias, freedom of the exchange of ideas and communicating.

FRAMEWORK CONVENTION
Framework Convention for the protection of national minorities of Council of Europe represents the first written binding document devoted to the protection of national minorities as a whole, but its provisions are mostly of program’s type, and their concrete realization is delegated to the national legislations.
Framework Convention, which came into force in 1998, is first agreement whose objective is protection of rights of members of national minorities – issue that is, unfortunately, today very present. Since the fall of Communist’s regime, ethnic tensions are again brought to the surface on European continent, often followed with violence, and sometimes even acquired form of war conflict, especially in the former Yugoslavia.
Protection of national minorities is fundamental for the stability, democratic security and peace on the continent. Based on this principle, Framework Convention tends to guarantee to members of minorities full and real equality – together with conditions that will allow them to express themselves, to preserve and develop its identity in the context of respect of rule of law, territorial identity and national sovereignty.
Some of the principles contained in the Framework Convention:
• Non-discrimination;
• Improvement of real equality amongst national minorities and majority population;
• Improvement of conditions that are needed for preserve and development of culture of national minorities as well for preserve of their religion, language and traditions;
• Freedom of gathering, associating, expressing, minds, conscience and confession;
• Access to medias and right to receive and broadcast programs;
• Freedom of education;
• Over-border contacts and cooperation;
• Participation in economic, cultural and social life.

According to the Framework Convention for the protection of national minorities, each member of national minority has right to freely choose will others treat him as such or not, and he mustn’t come to disadvantage due to such orientation or enjoy of rights related to that orientation.
According to the Framework Convention for the protection of national minorities, parties undertake obligation to guarantee to members of national minorities equality in front of the law and equal legal protection. In that sense, it is forbidden any discrimination on the basis of affiliation to the national minority.
Unsatisfactory state of minorities in the numerous spheres of their private, social, economic and public life is often argued with violation of human rights guaranteed by the numerous international charters, declarations, conventions and rooted national constitutions of European countries.
Despite that, condition of minorities, in which falls also condition of Roma community, is regarded as jeopardized in many European countries, regardless the fact that their countries are signers of international covenants that are related to the state of minorities. Responsibility of countries signers and theirs constitutions for minorities is regarded as enormous. Faced with state of Roma in different south-east societies, NGOs that are still dealing with work and care about Roma have cause for the criticism. Vulnerability of minorities is often consequence of unacceptable disrespect of human rights, which is especially referred to the Roma community. The question arises – does reason for such treatment with minorities, in first line with Roma, truly lies in insufficient respect of human rights?
Human rights, determined with international and national laws, are expression of different primary requests of human beings to be spared from the limitations of violations from side of state or publicity during the performance of citizens’ or private activities in different areas of public or private life. Human rights have for objective to secure different freedoms that are needed to people for realization of their wishes, abilities and possibilities.
Human rights have legal protective role, i.e. to protect from the special or direct care of state, whether it is intentionally or unintentionally, through the bans, actual limitations or violations, and contain element of violation or threat of violation of their human rights.
I view of life conditions of minorities, and especially Roma, this numerous guaranteed human rights doesn’t protect from non-recognition and negligence, but from the aspect of state or publicity neither state administration nor legislation aren’t doing that.

 

Módosítás dátuma: 2012. szeptember 09. vasárnap, 20:39
 
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