Human Rights in Europe: Time to honour our pledges

"It is said that implementation of the human rights norms requires three types of action by governments: that they themselves respect the standards, that they protect people from violations initiated by others; and that they take the necessary steps to fulfil the rights which require pro-active efforts."

• Posted on Jul 9, 2009

Viewpoints by the Council of Europe Commissioner for Human Rights Thomas Hammarberg

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There is still a gap between political rhetoric and reality when it comes to addressing human rights.Almost every politician is on record as favouring the protection of freedom and justice. Indeed, a great number of European and United Nations standards on human rights are agreed and in some cases also made part of national law.

However, these pledges are not consistently enforced. There is an implementation gap.

No country in Europe is free from discrimination. Roma communities suffer from anti-Ziganism; migrants from xenophobia and homo-sexuals from homophobia. There are unacceptable tendencies of anti-Semitism as well as Islamophobia.

Persons with disabilities are denied access to possibilities which are seen as basic rights by others.

Women are discriminated in the job market and under-represented in political bodies. Domestic violence is a sad reality in too many homes. Abuse of children is reported in every country.

The different components of the classic system of justice - including the police, the judiciary and the penitentiary - are gradually being strengthened in the new democracies, but there are regular reports of corruption, incompetence and abuse of power.

It has to be recognized that it takes time to develop a human rights culture and to establish institutions and procedures which will turn our ideals into reality. However, progress is too slow; the impatience felt by many is justified. The implementation gap has to be addressed with greater consistency.

There are, of course, objective circumstances which could delay the possibility to move faster on human rights reforms: war or political strife, natural disasters and economic crises. Indeed, it is recognized in human rights treaties that international assistance may be necessary for the fulfillment of some human rights obligations.

Less convincing are the excuses that public opinion resists reforms which would protect and promote human rights. On the whole, people at large want freedom and justice not only for themselves but also for others. Intolerance and racism are often the result of xenophobic agitation by a few extremists who exploit fear among people in order to promote their own destructive ambitions. In periods of economic crisis it is particularly important that leading politicians demonstrate a leadership with ethical substance.

It is said that implementation of the human rights norms requires three types of action by governments: that they themselves respect the standards, that they protect people from violations initiated by others; and that they take the necessary steps to fulfil the rights which require pro-active efforts.

One conclusion from this analysis is that there are rights which entail positive obligations. For their realisation the authorities must do something more than simply abstaining from violating people's rights. Obvious examples are several of the economic and social rights.

The Universal Declaration of Human Rights establishes that human rights include the right to social security, the right to an adequate standard of living, the right to food, the right to education, the right to housing, the right to health, the right to work and the right to rest and leisure.

Such economic and social rights have since been legally recognized in United Nations and Council of Europe treaties - the latter through the European Social Charter of 1961 revised in 1996. These rights are furthermore defined in the International Labour Organization (ILO) core conventions. They cover, for example, trade union rights, decent work conditions, non-discriminatory salaries and rules against the exploitation of child labour.

Though economic and social rights must be regarded as an integral part of international human rights law, they have still not been fully recognized by some European governments. It is unfortunate if they are seen as the "poor cousins" of civil and political rights. There are still some Council of Europe member states that have not ratified the Charter in its original or revised version, thereby failing to confirm the importance of these rights.

Implementation of most human rights has a financial cost and it is true that the realization of some tend to be particularly expensive, for instance, the right for everyone to education or to health care. For this very reason, the agreed standards allow for a gradual implementation of such rights - anything else would be unrealistic. Governments should, however, establish minimum acceptable standards or core entitlements and at the same time strive to attain full implementation as soon as possible. They cannot postpone the realisation of these norms indefinitely.

This is one reason why a systematic planning of human rights implementation is desirable, even indispensable.

The first step in such a process is to identify the existing problems in the form of a baseline study. Local non-governmental groups, ombudsmen, and international bodies can usually provide information for the study as well as the media and relevant authorities. Such data must be collated and analysed in a structured manner for the purpose of planning.

The second step is to draw up a national human rights action plan or strategy where the main human rights concerns are identified and suitable measures to address these problems are set. Thereafter comes the crucial stage of implemention, always followed by evaluation.

These economic and social rights were not defined in a vacuum; they were based on the experience of past crises and on the knowledge that ignoring social justice comes at an enormous price. They should also serve as very useful guiding principles for political decision-makers at a time when difficult choices have to be made.

I believe that it is high time for governments to honour their pledges by ensuring that words are translated into action, that human rights commitments do not exist merely on paper, but also in real life.

This volume is a compilation of articles I wrote as "Viewpoints" during the past year - with the editorial assistance of my colleague Rachael Kondak. They reflect my reaction to problems I witnessed during visits to a large number of European countries where I met leading politicians, prosecutors, judges, ombudsmen, religious leaders, jour-nalists, civil society representatives, migrants and citizens - including inmates and staff in a great number of institutions. After the country visits, special reports with recommendations were published on www.commissioner.coe.int.

Thomas Hammarberg Strasbourg, 1 April 2009

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