F Rule of Law and Fair Trial 1

F. Rule of Law and Fair Trial (1) � » The rule of law is more than the formal use of legal instruments, it is also the Rule of Justice and of Protection for all members of society against excessive governmental power. « (International commission of Jurists. 1986) � İt is commonly accepted that citizens are only protected against arbitrary acts of public authorities, if their rights are laid down in law. This law has to be publicly known, equally applied and effectively enforced. It is thus evident that the execution of state power must be based on laws that were made according to the constitution and with the aim of safeguarding freedom, justice and legal certainty � İt is recognised that the absence of the rule of law is one of the major obstacles to the implementation of human rights. The rule of law provides the foundation for the just management of relations between and among people, and it constitutes an essential pillar of the democratic process

F. Rule of Law and Fair Trial (2) � Imagine yourself sitting in a courtroom without any idea why. You get even more confused when the judge starts to read out the charge – the crime you are accused of has never been considered illegal before, as it is not laid down in the present legislation. Nobody answers your questions, you feel absolutely unable to defend yourself, but a legal counsel is not available. Even worse, when the hearing of the witnesses opens, you find out that at least one of them speaks a language you do not understand there is no interpreter etc… � The rule of law means, in the first place, the existence and the effective enforcement of publicly known and nondiscriminatory laws. For this purpose, the state has to establish institutions that safeguard the legal system, including courts, prosecutors and police

F. Rule of Law and Fair Trial (3) � The right to a fair trial relates to the administration of justice in both civil and criminal contexts. At the outset, it is important to understand that the proper administration of justice has two aspects: the institutional (e. g. independence and impartiality of the tribunal) and the procedural (e. g. fairness of the hearing). The principle of fair trial upholds a series of individual rights ensuring due process of law from the moment of suspicion to the enforcement of the judgment � The international provisions on the right to a fair trial (for example Article 14 of the ICCPR ) apply to all courts and tribunals, no matter if ordinary or specialised. � In many countries, there are military or special courts which try civilians. Quite often, the reason for the establishment of such courts is to enable exceptional procedures to be applied which do not comply with regular standards of justice. While the Covenant does not prohibit such categories of courts, its provisions clearly indicate that the trying of civilians by such courts should be exceptional and take place under conditions which fully comply with the ICCPR’s guarantees

G. Religious Freedoms (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 teaching, practice, worship and observance. « (Article 18, Universal Declaration of Human rights. 1948) � In the past and in the present, people have been threatened for their beliefs and convictions. The ability to believe in something and to manifest it is known and protected as religious freedom. It is not only a legal but also a moral issue. Religious beliefs strongly pervade one’s private sphere because they touch personal convictions and the understanding of our world. Faith is a major element to express one’s cultural identity, which is why religious freedom is such a sensitive topic to address and seems to cause more difficulties than other human rights issues

G. Religious Freedoms (2) � Adequate protection has become all the more pressing in recent years as religious intolerance and persecution are at the forefront of many tragic conflicts around the world involving problems of ethnicity, racism or group hatred. Persecution on religious grounds can be seen in current conflicts between believers and non-believers, between traditional and “new” religions, or between states with an official or dominant religion and individuals or communities not belonging to it � At present, violations of religious freedoms are seen throughout the world. Systematic suppression of certain beliefs, however, is present in the following countries: in Burma all religious minorities are persecuted – in particular the Muslim Rohingya, but also Protestants and Buddhist monks; the North Korean government regards all religious beliefs and rites besides the Juche ideology as an affront against the personality cult around the Kim family and as a violation of the government’s authority;

in Egypt, we see discrimination against Copts, orthodox Christians, Bahai, Ahmadis, Koranists, Shia and Sufi Muslims as well as virulent anti-Semitism in Eritrea, followers of Jehovah’s Witnesses, Evangelical Christians and the Pentecostal Movement are particular targets of suppression; in Iran, there is discrimination against and persecution of the Bahai, Sufis, Muslim dissidents and Christians, in Iraq and Nigeria against Christians and in Pakistan against the Ahmadis. In China, Uighur Muslims in Xinjiang, Protestants, Falun Gong followers and Tibetan Buddhists are particularly affected. In Sudan, Christians are discriminated against, in Saudi-Arabia, Shiite Muslims and Ismailists � Violations of religious freedom range from the Christian religious fundamentalism in the United States of America, to the intensification of religious extremism in Islam, as well as to new forms of anti-Semitism (i. e. fear and hatred of Jews/Judaism) in various countries, and, especially since the attacks on Washington and New York on September 11, 2001, to an increasing but often overlooked Islamophobia (i. e. fear and hatred of Muslims/Islam) in the United States and Europe.

H. Right to Education (1) � » Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. […] « (Article 26 (2), Universal Declaration of Human rights. 1948) � Nearly a billion people entered the 21 st century unable to read a book or sign their names. This figure represents one sixth of the world’s population, or the entire population of India � population, or the entire population of India. The human right to education can be characterised as an “empowerment right”. Such a right provides the individual with more control over the course of his or her life, and in particular, control over the effect of the state’s actions on the individual. In other words, exercising an empowerment right enables a person to experience the benefits also of other rights � The enjoyment of many civil and political rights, such as the freedom of information, the freedom of expression, the right to vote and to be elected and many others, depends on at least a minimum level of education.

H. Right to Education (2) � Similarly, a number of economic, social and cultural rights such as the right to choose work, to receive equal pay for equal work, can only be exercised in a meaningful way after a minimum level of education has been achieved � Education is more than just learning how to read, write or calculate. A person’s right to education incorporates educational opportunities, e. g. access to primary, secondary, and tertiary education � It has been laid down in several universal and regional human rights documents: The Universal Declaration on Human Rights (Article 26), the International Covenant on Economic, Social and Cultural Rights (Article 13 and 14), the Convention on the Elimination of All Forms of Discrimination against Women (Article 10) the Convention on the Rights of the Child (Article 28 and 29). the European Convention on Human Rights and Fundamental Freedoms (Article 2 of the First Protocol)

I. Children’s Rights (1) � » In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. « (Article 3, UN convention on the rights of the child. 1989) � Just look at the UN Convention on the Rights of the Child (CRC): This international treaty, adopted by the UN General Assembly in 1989, constitutes the foundation for the international protection of human rights of children. � With 193 states parties including all UN member states except two (Somalia and USA) the CRC is the most widely ratified human rights treaty ever, setting truly universal human rights standards for children

I. Children’s Rights (2) � universal human rights standards for children. But the success story of the standard-setting procedure stands in stark contrast to the level of their implementation. The childhood of millions continues to be devastated by malnutrition, persistent poverty and exclusion, exploitative labour, the sale and trafficking of children, and other forms of abuse, neglect, exploitation and violence � According to UNICEF, there are currently an estimated 127 million underweight children in the developing world today, which translates into 22% of children in developing countries; 9% of the children in the developing world are severely underweight. Decades after commitments to provide a quality education for every child, some 68 million primary-schoolage children are still denied this right

J. Right to Work (1) � » […] universal and lasting peace can be established only if it is based upon social justice […]. « (constitution of the International Labour Organization. 1919) � “No one shall be held in slavery or servitude […]. Everyone has the right to freedom of peaceful assembly and association […]. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. 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. Everyone has the right to form and to join trade unions for the protection of his interests. Everyone has the right to rest and leisure, including reasonable limitation of working hours […]. Everyone has the right to a standard of living adequate for the health and well-being of himself and his family […] and the right to security in the event of unemployment, sickness, disability […] or other lack of livelihood […]. ” (Articles 4, 20, 23, 24 and 25 UDHR)

J. Right to Work (2) � Examples of work-related human rights violations range from children working in coal mines and the imprisonment of trade -unionists to modern slavery, such as bonded labour or the commercial sexual exploitation of children � The practical implementation of work-related human rights operates to reverse bad working conditions, such as an unhealthy or dangerous working environment or exploitative hours of work, while also working to protect particularly vulnerable workers, such as women or migrants. Most importantly, work-related human rights play an essential part in preserving the link between human dignity, human security and decent working conditions

J. Right to Work (3) �The new global economy is exposing social gaps between those with the education, skills and mobility to flourish in an integrated world economy, and those without. These new inequalities and insecurities lead to tensions between different sectors of society �International Labour Organization The International Labour Organization (ILO) was created in 1919 with its headquarters situated in Geneva, Switzerland. It was developed predominantly to respond to the growing concern for social reform after World War I. Based on the strong belief that poverty is a danger to prosperity and security everywhere, the ILO aims to improve conditions for working people worldwide without discrimination as to ethnicity, gender or social origin

K. Right to Privacy (1) � » No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. « (Article 12, Universal Declaration of Human rights, 1948) � On the international level privacy is protected within two major instruments, the Universal Declaration of Human rights (UDHr) and the International covenant on civil and Political rights (Icc. Pr) � These rights have to be protected against interferences by the state but also against violations by other natural or legal persons

K. Right to Privacy (2) � contents of the right to Privacy The right to privacy according to Article 17 ICCPR can be split up in several subgroups, i. e. Privacy: protects that specific field of individual existence which does not touch the sphere of privacy of others İdentity: includes personal ‘features’ like one’s name, appearance, clothing, hair, gender, genetic code as well as confession or belief İntegrity: means that for example medical treatment without consent or even against the will of a patient is to be understood as an infringement of the right to privacy İntimacy: the protection of the home and of correspondence as well as by data protection. A person is protected against publishing of her or his personal details without prior consent Autonomy: of self-realisation of human beings. It is the right to one’s own body, which gives also the right to act against one’s own body, also including committing suicide Communication: a right to develop relationships with other people Sexuality: is a special and particularly important part of the right to privacy

L. Freedom of Expression (1) � » Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. « (Article 19, Universal Declaration of Human rights. 1948) � is one of the basic civil and political rights, which is laid down in all respective human rights instruments. It has its roots in the struggle for personal freedoms in the 18 th and 19 th centuries � The freedom of expression is a framework right containing several elements, including the freedom of information and the freedom of the press and the media in general. It is based on the freedom of opinion. İts manifestations range from the individual expression of opinions to the institutional freedom of the media.

L. Freedom of Expression (2) � Freedom of opinion is an absolute civil right whereas freedom of expression is a civil and political right which can be subjected to certain restrictions � Main Elements of the Freedom of Expression: Freedom to hold opinions without interference (freedom of opinion); Freedom to seek, receive and impart information and ideas (freedom of speech, freedom of information); orally, in writing, or in print, in the form of art; Through any media (freedom of the media); Regardless of frontiers (freedom of international communication) � Certain elements of the freedom of expression are also connected with other human rights, f. e. “Non-Discrimination” Article 20 of the ICCPR which prohibits war propaganda and any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. The state is under an obligation to enforce those prohibitions by national legislation

M. Right to Democracy (1) � » Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right to equal access to public service in his country. 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. « (Article 21, Universal Declaration of Human rights. 1948) � Democracy is a form of government in which state authority is derived from the people � Democracy takes many forms, has various manifestations and is understood differently in different cultures. While some democracies might put an emphasis on the division of powers and the rule of law, others might be predominantly founded on the concept of participation

M. Right to Democracy (2) � There is no such thing as a “perfect democracy”, neither in the Eastern nor the Western hemisphere. There may be universal agreement today on several constitutive elements of democracy, but the importance placed on these elements and their concrete form of realisation often differ among cultures The Western understanding of democracy is generally based on the notion of individuals who gain a maximum of freedom and voice in an overall free and liberal society China is a leading proponent of a socio-political model based on concepts of collective rights and societal well-being. Western democratic notion of individual rights. They are based on a sense of community-orientation and traditional concepts of patriarchal leadership rather than on the idea of maximum freedom for the individual liberty and the pursuit of happiness”. Asian models are not necessarily inconsistent with participation and democracy. East Asian models, such as those practised in Singapore, Malaysia and to a slightly lesser extent in South Korea and Japan

N. Minority Rights (1) � » 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. « (Article 27, International covenant on civil and Political rights. 1966) � Minority rights are an integral part of international law and are grounded in provisions that aim to protect and promote minorities, their culture and traditions. The recent attention for minority issues, such as the protection of Roma rights, indigenous peoples and other minorities and peoples, shows that minority issues are being highly prioritised � There is no universally accepted definition of a “minority”. This is predominantly owed to the fact that there is a great variety of examples of what could be considered a minority, which are not always comparable

N. Minority Rights (2) � states interpret the term “minority” on their own and in different ways Some minorities live in defined settlement areas, others are scattered throughout a whole country or even more than one country; some have a pronounced sense of collective identity based on historic events, while others have only a limited knowledge of their common heritage; some have a great degree of autonomy, whereas others are far from being considered self-governing; some have a stronger and some have a weaker desire to preserve and develop their culture and characteristic features � What is common to most minority situations is the presence of a non-dominant group of individuals who share certain (national, ethnic, religious or linguistic) characteristics which are different from those of the majority population and whose members have the will to preserve their own characteristics and to be accepted as part of that group

N. Minority Rights (3) � Minority rights are norms which protect national minorities in states and constitute additional rights for certain groups. The specific rights granted to minorities shall allow them to preserve their identity � Minority rights encompass the right to education in the minority language for pupils, the right to use the minority language in public and in relation to governmental services, the use of names and surnames in the minority language, the right to maintain the minority culture, the right to political participation, etc. � Human rights belong to all human beings and are primarily concerned with the rights of individuals. However, this focus on the individual lies in contrast with the aims of minority rights (providing norms to enhance the enjoyment of rights by groups)

N. Minority Rights (4) �The protection of minorities and indigenous people is a cross-sectional matter, as minority rights refer to various areas of life, where members of minorities could be denied equal treatment, for example on the labour market, in the educational system (e. g. the right to education in the mother tongue), politics (e. g. the right to effective political participation), in economy (e. g. the equal sharing of the economic wealth and of social benefits), I n the administrative sphere (e. g. use of the minority language as official language before administrative authorities and courts), in the media, etc