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Since its foundation, the Council of Europe has established a common legal system for European states, based on democracy, the rule of law and human rights. Its standard-setting texts have helped its members meet the challenges of changing societies and now apply all over Europe given the organisation¿s unprecedented geographical enlargement since 1989. In this connection, the Council of Europe has played a key role in the accession of the new member states to the European Union. The first section of the book deals with the "constitutional" law of the Council of Europe, or its internal statutes in the broad sense. It covers the 1949 Statute, which, along with related texts, lays down the Council¿s aims and determines its membership and operating methods. The second section concerns the role played by the Council of Europe - which has always been very active in standard-setting - in the harmonisation of European states¿ domestic law. The third section situates Council of Europe law in the European context. For instance, it studies the extent to which Council of Europe conventions have been incorporated in domestic law and how Council of Europe law and European Union law co-exist.
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Managing Europe's increasing cultural diversity - rooted in the history of our continent and enhanced by globalisation - in a democratic manner has become a priority in recent years. The White Paper on Intercultural Dialogue - "Living together as equals in dignity", responds to an increasing demand to clarify how intercultural dialogue can enhance diversity while sustaining social cohesion. The White Paper that our common future depends on our ability to safeguard and develop human rights, as enshrined in the European Convention on Human Rights, democracy and the rule of law, and to promote mutual understanding and respect. It concludes that the intercultural approach offers a forward-looking model for the management of cultural diversity.
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.
A comprehensive insight into the valuable work carried out by one of the Council of Europe’s highly influential mechanisms, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Since its inception in 1989, specialist members of the CPT (lawyers, prosecutors, prison experts, doctors, psychiatrists, etc.) have visited thousands of police stations, prisons, immigration detention centres, psychiatric hospitals and other places of detention all over Europe, to monitor the living conditions (hygiene, provision of food and drink, health care, etc.) of those being detained. Following these visits, the CPT issues reports suggesting improvement...
Produced by an independent group of policy makers, researchers & cultural managers, this book is a contribution to the debate initiated by the World Commission on Culture & Development (UN/Unesco) on the role of culture within society. It addresses various questions such as bridging the global cultural gap, mobilising human resources through culture & living & working in the communications society. Includes case studies, statistics & indicators.
Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.