scholarly journals THE COUNCIL OF EUROPE, THE COMMON EUROPEAN FRAMEWORK OF REFERENCE FOR LANGUAGES AND ENGLISH PROFILE

2019 ◽  
Vol 1 (1) ◽  
pp. 35-38
Author(s):  
A. Green
Keyword(s):  
Human Rights ◽  
Language Teaching ◽  
Language Education ◽  
Council Of Europe ◽  
Member States ◽  
The Common ◽  
Communicative Approach

The Russian Federationis one of the forty-seven member states that make up the Council of Europe. The Council is probably best known for its work in the fields of human rights and legal affairs, but it has also played a key role in language education with many important initiatives, most notably its central role the introduction and promotion of the ‘communicative approach’ to language teaching.

scholarly journals EUROPEJSKA KONWENCJA O PRZYSPOSOBIENIU DZIECI JAKO INSTRUMENT WSPÓLNYCH ZASAD PAŃSTW CZŁONKOWSKICH RADY EUROPY W SPRAWACH O PRZYSPOSOBIENIE DZIECI

2016 ◽  
Vol 16 (3) ◽  
pp. 167
Author(s):  
Elżbieta Hanna Morawska
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Children’S Rights ◽  
European Convention ◽  
Adoption Process ◽  
Council Of Europe ◽  
Member States ◽  
Protection Of Human Rights ◽  
The Common ◽  
Comprehensive Manner

The European Convention on the Adoption of Children as an Instrument of the Common Principles of the Member States of the Council of Europe on the Adoption of Children Summary Acting on the grounds of its statutory aims, the Council of Europe has taken a number of measures for the protection and promotion of children’s rights. The nature of these activities has differed considerably in the course of over 60 years since the Council’s establishment, nonetheless all of them have invoked children’s welfare as the basis of their undertaking. This is the spirit in which already in the early 1950s the Council embarked on an effort to draw up a European convention on the adoption of children. The Convention was the first treaty regulating the procedure for adoption in a comprehensive manner, and as such paved the way for subsequent European documents relating to the rights and protection of children, also in the adoption process. The collection of these documents includes detailed conventions specifically on the protection of children, alongside documents which do not directly address children’s rights and protection, but apply to the protection of human rights in general under the Council of Europe system. The principal document is the European Convention on Human Rights, along with its additional protocols, in particular Protocol 7. The approach to adoption based on the European Convention on Human Rights led the Council of Europe to embark on a new project to define the principles and practices for adoption. The outcome of this work is the Revised European Convention on the Adoption of Children (RECAC, 2007), the document containing the definitions of currently applicable principles and practices.

"Learning and living democracy for all". Council of Europe Programme promoting Citizenship and Human Rights Education

CADMO ◽  
2009 ◽  
pp. 47-54
Author(s):  
Yulia Pererva
Keyword(s):  
Human Rights ◽  
International Cooperation ◽  
International Institutions ◽  
Democratic Citizenship ◽  
Human Rights Education ◽  
Social Rights ◽  
Council Of Europe ◽  
Member States ◽  
Close Cooperation

- Since 1997, the Council of Europe has supported a Project on Education for Democratic Citizenship and Human Rights (EDC/HRE) with the aim of complimenting its treaty related activities in the fields of Human and Social Rights. The article presents the programmes and the initiatives supported and developed by the Council of Europe both at an international and at the national levels as well as the most important adopted texts and publications. It outlines the principles on which partnership and networking are built by the Council of Europe in close cooperation with member states and other regional and international institutions.Keywords human rights education, education for democratic citizenship, international cooperation.

“Unity in Diversity” Reloaded: The European Court of Human Rights’ Turn to Subsidiarity and its Consequences

2021 ◽  
Vol 15 (1) ◽  
pp. 93-123
Author(s):  
Mikael Rask Madsen
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Reform Process ◽  
Individual Member ◽  
Member States ◽  
European Court ◽  
Recent Developments ◽  
Unity In Diversity ◽  
The Common ◽  
Individual Justice

Abstract The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for domestic differences, or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

scholarly journals The state liability for damages caused by its judicial authorities

2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Council Of Europe ◽  
Member States ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State Liability ◽  
Domestic Law

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.

The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration

2021 ◽  
pp. 21-34
Author(s):  
Ulrich Stelkens
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Common Core ◽  
Methodological Approach ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Institute Of Public Administration ◽  
German Research ◽  
The Common

This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.

Germany's Dialogue with Strasbourg: Extrapolating theBundesverfassungsgericht'sRelationship with the European Court of Human Rights in the Preventive Detention Decision

2012 ◽  
Vol 13 (6) ◽  
pp. 757-772 ◽  
Author(s):  
Birgit Peters
Keyword(s):  
Human Rights ◽  
National Level ◽  
National Court ◽  
Council Of Europe ◽  
Member States ◽  
Proper Role ◽  
European Court ◽  
New Applications ◽  
The Relationship ◽  
Sheer Number

Within the Council of Europe, the relationship between the ECtHR and the member states is crucial for the survival and effective functioning of the Court. The ECtHR is currently overwhelmed by applications, the bulk of which emanate from a relatively small number of states, notably Russia, Rumania, Turkey, and the Ukraine. The backlog of cases will soon be toppling the vertiginous mark of 160,000, the adjudication of which alone would take the Court more than six years. The sheer number of cases exemplifies the system's urgent need for reform. Lately, discussions have been heavily influenced by considerations of subsidiarity, which the earlier Interlaken Declaration-as well as the recent Brighton Conference-emphasized as the key for the future relationship between the ECtHR and member states. Discussions about the principle's proper role in the relationship between member states and the ECHR, however, are far from over. This is due to questions regarding the principle itself, as well as to the factual realities dominating in the ECtHR-national court relationship. The principle often focuses on a strict separation of competences at two different levels, the national and the international, and many understandings of that principle require that the two levels stand in a more or less hierarchical relationship. This is difficult to assume in the Council of Europe context, where, compared to the EU, neither the doctrine of direct effect nor the principle of primacy in application reigns. Moreover, Strasbourg's emphasis on subsidiarity appears to focus on the responsibility of the member states to remedy human rights violations. In line with that argument, scholars have opined that the ECHR system should focus on an approach in which the ECtHR would be involved only if there are good reasons to depart from interpretation at the national level. Nonetheless, others recently doubted the overall usefulness of such an understanding of subsidiarity, since those member states responsible for the lion's share of new applications to the ECHR often neither possess a functioning judiciary nor functioning judicial or executive institutions, in general.

The Reception Process in Austria and Switzerland

2008 ◽  
Author(s):  
Daniela Thurnherr
Keyword(s):  
Human Rights ◽  
Early Stage ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Council Of Europe ◽  
Starting Position ◽  
European Court ◽  
The Status ◽  
The Common

This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.

scholarly journals Competences for democratic culture: An empirical study of an intercultural citizenship project in language pedagogy

2017 ◽  
Vol 22 (5) ◽  
pp. 499-516 ◽  
Author(s):  
Leticia Yulita
Keyword(s):  
Human Rights ◽  
Foreign Language ◽  
Language Teaching ◽  
Empirical Test ◽  
Language Education ◽  
Foreign Language Teaching ◽  
Human Rights Education ◽  
Democratic Culture ◽  
United Nations Declaration ◽  
Level Of Analysis

This article reports on a pedagogical intervention in foreign language teaching in higher education. It analizes the competences developed by Argentinian and UK-based students as they used Skype to design a leaflet that addressed a real world issue: the Argentinian military dictatorship and its manipulation of the 1978 Football World Cup. The data consists of students’ discussions of this highly disturbing human rights issue. A first level of analysis focused on identifying evidence of competences using the Council of Europe’s conceptual model of ‘competences for democratic culture’ (2016). In a second level of analysis, the data was categorized within the framework of Article 2.2 of the United Nations Declaration on Human Rights Education and Training (2011). This research study provides an empirical test of these two frameworks in the field of language education, an aspect that has not been investigated before. It also contributes to our understanding of the potential of intercultural citizenship projects in achieving the goals of human rights education in foreign language teaching. Results indicate the development of substantial competences for democratic culture defined in the Council of Europe’s model.

scholarly journals Case Report on C-411/10, N.S. and C-493/10, M.E. and Others, 21 December 2011

2012 ◽  
Vol 14 (2) ◽  
pp. 223-238 ◽  
Author(s):  
Sophie Lieven
Keyword(s):  
Human Rights ◽  
Case Report ◽  
European Court Of Justice ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Common European Asylum System ◽  
Protection Of Human Rights ◽  
The Common ◽  
The Eu

Abstract The European Court of Justice clarified through this judgment the way in which the overloading of a Member States’ asylum system affects the EU arrangements for determining the Member State responsible for asylum applications lodged in the EU and thereby drastically reduced the possibility granted to Member States to transfer asylum applicants. The Member States now have an obligation to verify that no serious risk of violation of the Charter rights of the applicant exits in the receiving country before being allowed to transfer the person. The practical consequences of this ruling are still uncertain but further cooperation between Member States should be able to enhance the level of protection of human rights within the Common European Asylum System.

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