Table of Content

Foreword I

Foreword II

Foreword III

Preface

Chapter 1. Human Rights Monitoring

1.1. Definition

1.2. Purposes

1.3. Planning Base

Security

States in Emergency

1.4. Monitoring Categories

1.5. Monitoring Techniques

Interviews

Fact-Finding Missions

Data Gathering

1.6. Documentation

Standard Formats

Verification

1.7. Reporting

1.8. Follow-Up

Domestic Remedies

Oral or Written Interventions

Referrals

Visibility and Publicity

Capacity Building

1.9. International Monitoring Mechanisms

Treaty-Based Reporting

Individual or Group Cases

Non-Treaty-Based Mechanisms

Specialized Organs Addressing Human Rights Issues

Non-Governmental Organizations (NGOs)

1.10. References

Internet Sites

Chapter 2. Human Rights Law—An Introduction

Categories of Human Rights

2.1. Legally Binding Treaties

Universal or Regional

International Monitoring

Reservations or Declarations Concerning Rights

Limitations of Rights

Derogation

2.2. Other Mechanisms

Politically Binding Instruments (OSCE Documents)

Soft Law

2.3. National Implementation

Monist and Dualist Principles

General Principles for Interpretation in a Domestic Context

2.4. International Law and Human Rights Law

Individual Criminal Responsibility

The International Criminal Court

Humanitarian Law

2.5. References

Electronic Resources

Other sites

Chapter 3 – Part A. The Right to Life

3a.1. Definitions

3a.2. Legally Binding Standards

3a.3. Permissible Limitations

3a.4. Current Interpretation—(Key Case Law)

The Use of Lethal Force

Deaths in Custody

The Obligation to Investigate Suspicious Deaths

Relevant National Implementation Mechanisms

3a.5. OSCE Commitments

3a.6. International Recommendations (i.e. soft law)

3a.7. Monitoring the Right: the Special Challenges

3a.8. Monitoring Checklist on the Right to Life

3a.9. Instruments on the Right to Life

Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

Chapter 3 – Part B. The Death Penalty

3b.1. Legally Binding Standards

3b.2. Current Interpretation—(Key Case Law) on the Death Penalty

Efforts at Abolition of the Death Penalty

3b.3. OSCE Commitments Regarding the Death Penalty

3b.4. International Recommendations (i.e. soft law) on the Death Penalty

3b.5. Monitoring Checklist on the Death Penalty

3b.6. References

Electronic Resources

Chapter 4. Prohibition of Torture

4.1. Definitions

Torture

Cruel, Inhuman or Degrading Treatment or Punishment

4.2. Legally Binding Standards

The European Committee for the Prevention of Torture

Optional Protocol to the United Nations Convention against Torture

4.3. Permissible Limitations

4.4. Current Legal Interpretation (Key Case Law)

Distinction between Torture and Cruel, Inhuman or Degrading Treatment or Punishment

Rape as a Means of Torture

Other Violations of the Prohibition against Torture

Duty to Investigate and Prosecute

4.5. Relevant National Implementation Mechanisms

Prohibiting Torture in National Law

Education, Dissemination of Information, and Periodic Review of Law Enforcement Procedures

Punishing Torture Offenders

Seeking Compensation

4.6. OSCE Commitments

4.7. Other International Instruments

Protection of Persons in Detention

Rules for Detention of Vulnerable Groups

Investigation of Complaints

Remedies for Victims of Violations

Professional Codes of Conduct

Instruments Adopted by the European Union

4.8. Monitoring the Right: the Special Challenges

4.9. Monitoring Checklist on the Prohibition of Torture

4.10. Instruments on the Right to Freedom from Torture

Relevant Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

4.11. References

Chapter 5. Right to Liberty and Security of the Person

5.1. Definitions

Security of the Person

5.2. Legally Binding Standards

Lawful Arrest and Detention

Judicial Supervision of Detention

Arbitrary Detention

Trial within a Reasonable Time or Release

Challenging the Lawfulness of Detention

Incommunicado Detention

Access to and Assistance of a Lawyer

Compensation for Unlawful Deprivation of Liberty

Safeguards for Special Categories of Detainees

5.3. Permissible Limitations

5.4. Current Interpretation (Key Case Law)

Lawfulness of Detention

5.5. Safeguards in Detention

Deprivation of Liberty of Mentally Ill Persons

Enjoyment of Civil and Political Rights during Detention or Imprisonment

5.6. Relevant National Implementation Mechanisms

5.7. OSCE Commitments

5.8. Other International Instruments

Professional Codes of Conduct

Instruments Adopted by the European Union

5.9. Monitoring the Right: the Special Challenges

5.10. Monitoring Checklist on the Right to Liberty and Security of the Person

5.11. Instruments on the Right to Liberty and Security of Person

Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

5.12. References

Chapter 6 – Part A. The Right to a Fair Trial

6a.1. Definition

6a.2. The Right to a Fair and Public Hearing

The Principle of the Equality of Arms

The Requirement of a Public Hearing

Permissible Limitations

6a.3. A Competent, Independent and Impartial Tribunal

Independence

Impartiality

6a.4. Time Requirement

6a.5. The Presumption of Innocence

The Burden of Proof

The Standard of Proof

6a.6. Providing Information to the Accused/Disclosure

6a.7. Time and Facilities for the Defence

Disclosure

6a.8. Right to Presence at Trial and Choice of Defence

Defence of One's Own Choosing

6a.9. The Right to Summon and Examine Witnesses

The Testimony of Anonymous and Absent Witnesses

Other Causes of Absence of Witnesses

The Choice of Witnesses to be Called

6a.10. The Rights of Victims and Witnesses

Other Instruments Concerning Rights of Victims (soft law)

6a.11. Right to Free Interpretation and to Translation

6a.12. The Right not to be forced to Testify against Oneself or to Confess Guilt

Investigation of Claims of Torture, Ill-treatment, and Coercion

The Right to Silence

6a.13. The Right to Review of Conviction and Sentence

6a.14. Permissible Derogations

6a.15. The Prohibitions on Retroactivity and Double Jeopardy

National Courts and International Tribunals

6a.16. Challenges in Monitoring the Right to a Fair Trial

6a.17. Monitoring Checklist on the Right to a Fair Trial

6a.18. References

Chapter 6 – Part B. Right to an Effective Remedy

6b.1. Definition

Types of Remedies

6b.2. Legally Binding Standards

6b.3. Current Interpretation (Key Case Law)

The Requirement of Effectiveness

The Question of When the Right Arises

The Meaning of Effectiveness: Four Elements

Exhaustion of Domestic Remedies

6b.4. Politically Binding Commitments (OSCE Commitments)

6b.5. Other Sources (Soft Law)

6b.6. Challenges in Monitoring the Right to an Effective Remedy

Post-War Situations and Effective Remedies

6b.7. Monitoring Checklist on the Right to an Effective Remedy

6b.8. Instruments on the Right to a Fair Trial and the Right to an Effective Remedy

Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

6b.9. References

Electronic Resources

Chapter 7. Freedom of Expression

7.1. Definitions

7.2. Legally Binding Standards

7.3. International Recommendations

7.4. Permissible Limitations

7.5. Derogation of the Right to Freedom of Expression

7.6. Current Interpretation (Key Case Law)

An Expression

Facts or Value Judgments in Matters of Public Interest

A Right to Seek, Receive and Impart Ideas and Information

A Right of Every Person

The Role of the Media

7.7. Restrictions and their Proportionality

Defamation Cases

Injunctions

The Methods of the Press

Protection of Sources

Commercial Expressions

Issuing of Licenses

In Employment Relations

Expressions in Connection with Public Gatherings

The Legitimate Aims

7.8. National Implementation Mechanisms

7.9. Additional Sources including OSCE Standards

7.10. Monitoring Checklist on the Right to Freedom of Expression

7.11. Instruments on the Right to Freedom of Opinion and Expression

Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

7.12. References

Electronic Resources

Chapter 8. The Right to Freedom of Thought, Conscience and Religion

8.1. Definitions

Religion and Belief

Thought and Conscience

8.2. Legally Binding Standards

8.3. Permissible Limitations

8.4. Current Interpretation (Key Case Law)

Freedom of Belief

Neutrality and Impartiality of the State

The Freedom to Manifest Religion

The Freedom to Have or to Change Religion or Belief

State Religion and Official Religion

Religion and Schools

Prisoners

Conscientious Objection

8.5. Relevant National Implementation Mechanisms

8.6. Other International Instruments, Including OSCE Commitments

Freedom of Religion and Belief

Conscientious Objection

8.7. Monitoring the Right: the Special Challenges

8.8. Monitoring Checklist on the Right to Freedom of Religion, Thought and Conscience

8.9. Instruments on the Right to Freedom of Religion, Thought and Conscience

Relevant Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

8.10. References

Chapter 9. The Rights to Freedom of Assembly and Association

9.1. Definition

Freedom of Association

Freedom of Assembly

9.2. Legally Binding Standards

Trade Unions, Non-Governmental Organizations, and Political Parties

Special Protection Related to Unions, Workers, and Employers

Restriction and Limitation of Freedom of Assembly and Association

Derogation of the Rights to Freedom of Assembly and Association

9.3. Interpretation of the International Instruments (Key Case Law)

9.4. Freedom of Association

What is an Association?

What are Permissible Objectives?

Right to Register and Possess Legal Personality

Freedom of an Association to Manage its Own Affairs

Right to Appeal

Penalties for Membership in an Association

Right to be Free from Membership

Funding

Restrictions and Limitations

9.5. Freedom of Assembly

Administrative Requirements for Registration of Events

Time, Place and Manner Restrictions

Counterdemonstration

Dispersals and Arrests

Restrictions

9.6. National Implementation Mechanisms

9.7. Politically Binding Instruments (OSCE Documents)

Other International Instruments

9.8. Monitoring the Right to Freedom of Association and Assembly

9.9. Monitoring Checklists on the Right to Freedom of Association and Assembly

9.10. Instruments on the Freedom of Association and Assembly

Relevant Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

9.11. References

Electronic Resources

Chapter 10. Right to Property

10.1. Definition

10.2. Legally Binding Standards

10.3. Permissible Limitations

10.4. Derogation of the Right to Property

10.5. Current Interpretation (Key Case Law)

Property

Communal Property Rights

Deprivation of Property

Controlling the Use of Property

Peaceful Possession of Property—the General Rule

Was the Interference a Violation of the Right to Property?

Lawfulness

Legitimate Aim

Fair Balance

General Principles of International Law

10.6. Additional Sources, Including OSCE Standards

10.7. Monitoring Checklist on the Right to Property

10.8. Instruments on the Right to Property

Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

10.9. References

Electronic Resources

Chapter 11 – Part A. The Right to Family Life and Privacy

11a.1. The Right to Respect for Family Life

11a.2. Definitions

11a.3. Legally Binding Standards

International Instruments

Europe

11a.4. Permissible Limitations

11a.5. Current Interpretation (Key Case Law)

Children Born out of Wedlock

Parental Rights and Contacts between Parents and Children

Placement of Children outside the Home

Family Life of Foreigners

Family Life of Detainees

Protection of the Family Home

11a.6. National Implementation Mechanisms

11a.7. Additional Sources, including OSCE Standards

Prisoners

Foreigners

Monitoring the Right: the Special Challenges

11a.8. Monitoring Checklist on the Right to Family life

11a.9. Instruments on the Right to Family Life

Relevant Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

11a.10. References

Chapter 11 – Part B. The Right to Respect for Privacy, Home and Correspondence

11b.1. Definitions

11b.2. Legally Binding Standards

Protection of Personal Data

Privacy Protection of Trafficked Persons

Protection of Health Data

11b.3. Limitations

Current Interpretation (Key Case Law)

Protection of the Body

Medical Interventions

Personal Appearance

Sexual Activities

The Private Life of Prisoners

The Right to Privacy of National and Ethnic Minorities

Persons with Disabilities

Surveillance

Protection of the Home and Environment

Information Privacy

Privacy of Communications

11b.4. National Implementation Mechanisms

11b.5. Politically Binding Instruments (OSCE Documents)

11b.6. Other Instruments

11b.7. Monitoring Checklist on the Right to Privacy

11b.8. Instruments on the Right to Privacy

Legally Binding Instruments

Politically Binding Instruments

11b.9. References

Electronic Resources

Chapter 12. Rights of Refugees and Asylum seekers

12.1. Definitions

12.2. Legally Binding Standards

The Convention relating to the Status of Refugees (1951)

The 1967 Protocol: the Geographical and Temporal Limitations

International Supervision of the 1951 Convention

12.3. The Definition of a Refugee

Alienage (Outside the Country of Origin)

Well-founded Fear: Subjective v. Objective Criteria

Well-founded Fear: the Threshold of Risk

Persecution—Type of Harm

Persecution versus Prosecution

Agents of Persecution

The Nexus Requirement

Race

Political Opinion

Nationality

Religion

Membership of a Particular Social Group

Mixed Causes

Persecution on Account of Imputed Grounds

Generalized Oppression

12.4. Exclusion from Refugee Status

Cessation from Refugee Status

12.5. The Principle of Non-Refoulement

Article 33(2) Exceptions to the Principle of Non-Refoulement

Non-Discrimination

Rights owed to Refugees Physically Present in the Contracting State

Rights owed to Refugees Lawfully in the Contracting State

Rights owed to Refugees Lawfully Staying in the Contracting State

Rights owed to Refugees Residing in the Contracting State

12.6. Reservations and Limitations

12.7. Rights of Refugee and Asylum Seekers under Human Rights Law

Non-Refoulement in Human Rights Treaties

The Right to Life and Physical Integrity

Racism

Detention

Economic and Social Rights

Non-Discrimination

Rights of the Child

12.8. Implementation in Domestic Law

Establishing Eligibility

Denial of Asylum Hearings and Accelerated Procedures

Safe Third Country

Safe Country of Origin

Visa Requirements and Carrier Sanctions

Returning Refugees

12.9. Internally Displaced Persons (IDPs)

12.10. Additional Sources, including OSCE Commitments

12.11. Monitoring the Rights of Refugees and Asylum seekers

12.12. Monitoring Checklist on the Rights of Refugees and Asylum seekers

12.13. Instruments on the Rights of Refugees and Asylum seekers

Relevant Legally Binding Instruments

12.14. References

Electronic Resources

Chapter 13. Rights of Minorities

13.1. Definitions of Minorities

National Minorities

Who Can Belong to a National Minority?

Indigenous Peoples

13.2. Principles for Protection of Minorities

Individual and Group Rights

13.3. Legally Binding Standards Concerning Minorities

General Minority Protection

Protection of National Minorities

Protection of Minority Languages

Protection of Nationality

13.4. Permissible Limitations on Minority Rights

Other Limitations

13.5. Current Interpretation (Examples of European Court of Human Rights Case Law)

Who Can Decide about Status as a National Minority?

Language Demands on Representatives from Minority Groups

Limitation to a State's Right to Counter Separatist Ideas

13.6. Politically Binding Instruments

13.7. Additional Sources (Soft Law)

13.8. Monitoring Mechanisms on Minority Rights

The Working Group on Minorities (UN)

The Advisory Committee of the Framework Convention (ACFC)

European Commission against Racism and Intolerance (ECRI)

The OSCE High Commissioner on National Minorities (HCNM)

The OSCE Office for Democratic Institutions and Human Rights (ODIHR)

Monitoring Roma Rights

The European Monitoring Centre on Racism and Xenophobia

National Implementation Mechanisms

Monitoring Checklist on the Rights of Minority Groups

13.9. Instruments on the Rights of Minorities

Relevant Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

13.10. References

Electronic Resources

Chapter 14. The Right to Non-Discrimination

14.1. Definitions

Direct and Indirect Discrimination

Positive Measures and Affirmative Action

Victimization

14.2. Legally Binding Standards

General Non-Discrimination Provisions

Specialized Treaties Protecting Against Discrimination

General Prohibitions of Discrimination

14.3. Permissible Limitations

14.4. Current Interpretation (Key Case Law)

Prohibited Grounds of Discrimination

Equal or Different Situations—Equal or Different Treatment

Ethnicity

Nationality

Birth

Religion

Sexual Orientation

14.5. Relevant National Implementation Mechanisms

14.6. OSCE Commitments

14.7. Other International Instruments

14.8. Monitoring the Right: The Special Challenges

14.9. Monitoring Checklist on the Right to Non-Discrimination

14.10. Instruments on the Right to Non-Discrimination

Legally Binding Instruments

Other International Instruments

14.11. References

Electronic Resources

Chapter 15. Equality between Men and Women

15.1. Definitions

15.2. Reproductive and Sexual Health

15.3. Legally Binding Standards

Instruments Focusing on the Rights of Women

Gender Aspects of War Crimes

Protection from Trafficking

Gender Equality in the Labour Market

15.4. Permissible Limitations

Special Measures

Non-Permissible Limitations in the Understanding of CEDAW

15.5. Current Interpretation of Equality between Men and Women

Women's Reproductive Rights

Differential Treatment in Family Relations

Difference in Treatment in Labour Relations

Special Measures

15.6. Relevant National Implementation Mechanisms

National Human Rights Institutions

Gender Mainstreaming

15.7. OSCE Commitments

General Equality Commitments

Key Activities in Relation to Gender Policies

15.8. Council of Europe Action

15.9. Other International Instruments

UN Security Council Resolutions

UN World Conferences on Women

Millennium Development Goals

15.10. Monitoring Equality: The Special Challenges

Mechanisms

Special Issues

15.11. Monitoring Checklist for Equality between Men and Women

15.12. Instruments on Equality between Men and Women

Legally Binding Instruments

CSCE/OSCE Instruments

Other International Instruments

15.13. References

Electronic Resources

Chapter 16. Glossary

Index