MOST: East European Human Rights Project
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From: MINELRES moderator <[email protected]>
Date: Mon, 7 Sep 1998 14:10:26 +0300 (EET DST)
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Subject: MOST: East European Human Rights Project
From: MINELRES moderator <[email protected]>
Original sender: Carmen Thiele <[email protected]>
MOST: East European Human Rights Project
MOST
MENSCHENRECHTSPROJEKT OSTEUROPA
EAST EUROPEAN HUMAN RIGHTS PROJECT
Human rights are not adequately respected in Central and Eastern
Europe. Although they are protected by rules of national and
international law including the European Convention on Human Rights,
they are often disregarded in practice.
One of the reasons for this is a lack of knowledge about the legal
substance of human rights and enforcement procedures even among
lawyers and human rights organisations.
In order to contribute to the dissemination of such knowledge, we
offer to give seminars and courses on the European Convention on Human
Rights, in particular on the procedure for the enforcement of human
rights laid down in it.
Are human rights protected in Central and Eastern Europe? Legally
speaking, they are, at least to a substantial extent. They are laid
down in the constitutions; moreover nearly all Central and Eastern
European states have entered into obligations on the inter-state level
by acceding to international human rights treaties including the
European Convention for the Protection of Human Rights and Fundamental
Freedoms.
In practice, however, human rights are frequently disregarded. In
Russia, for instance, severe problems persist. Remand prisoners still
have to wait for their trial much too long and under inhuman
conditions. Security forces commit abuses including acts of torture
without being held responsible for this. The independence of the
courts is not guaranteed in practice. Criminal charges are sometimes
brought for political reasons; refugees are not adequately protected.
A number of persons drawing the attention of the public to human
rights violations became themselves the subject of such abuses.
How is this discrepancy to be overcome, how can human rights find
their way from theory to reality? There is much consultancy work
vis-a-vis the governments, carried out by other governments as well as
by international organizations. This is an important approach, but
only one of many approaches possible. Experience shows that human
rights are generally respected only if and when individuals become
aware of them, stand on them and, if necessary, institute proceedings
for their protection before national and international courts.
The international court accessible in Europe is the European Court of
Human Rights in Strasbourg. Each individual in the contracting states
is entitled to file an application directly to this Court. The Court
is empowered to decide on whether human rights have been violated in a
particular case. The decisions of the Court are binding; states
respect them and have repeatedly changed their domestic legislation or
legal practice as a consequence of a judgment of the Court.
If applications are to be presented effectively, competent lawyers are
needed who know the field of human rights and are able to follow the
detailed case-law of the Strasbourg Court. They equally must know
which formal requirements have to be respected and which procedural
steps have to be taken in each individual case. It is only when such
information and know-how is disseminated that human rights treaties
are in fact implemented within national legal orders and practices.
It seems that there is still much need for human rights consultancy in
Russia and other states of Central and Eastern Europe. Therefore we
offer courses and seminars on the legal protection of human rights in
Europe.
Objective of the seminars
Participants shall acquire knowledge of the substantive law of the
European Convention of Human Rights as well as the ability to present
human rights claims effectively in practice.
The Convention will be presented within the context of international
human rights law. It is also possible to include, if necessary,
instruments in other fields, e. g., refugee law, prevention of torture
or minority rights.
Types of seminars
For this purpose, we propose three types of seminars.
* In a two-day-seminar we give a first introduction to the protection
mechanism of the Convention. Its normative content shall be explained
- as far as possible - on the basis of current developments in the
host country. The compatibility of national legislation with the
Convention will be examined. Furthermore, we will deal with the most
important admissibility criteria for applications to the Court of
Human Rights in Strasbourg, in particular the requirement to exhaust
domestic remedies.
* A five-day-seminar allows for a deeper examination of the
Convention. Participants will first receive a general idea and then be
introduced to the case law on human rights issues which are of special
concern for the relevant country. In the Russian Federation, for
example, we could focus on the conditions in pre-trial-detention
centres and in the army, on the right to a fair trial or on the rights
of refugees. Practical questions like costs and legal aid schemes will
also be discussed. It is helpful to intensify the learning process by
moot court exercises, where participants are supposed to write
applications and memorials, and to simulate a hearing before the
European Court of Human Rights.
* The third type will include a five-day seminar, as described above,
and a second part of two days which should take place four to six
weeks later. The second part is mainly designed to give participants
an opportunity for an exchange of views and for clarifying new
questions which have emerged in practice.
We are, of course, open to differing proposals.
In all seminars, participants will acquire knowledge on information
sources on paper and in electronic media. In addition we intend, by
way of co-operation with the Council of Europe, to contribute to
furnishing multipliers like public libraries and law consulting
centres with working materials (e.g., Convention texts, translations
of important judgments) in a language accessible to potential readers.
Participants
The courses mainly address lawyers who are interested in human rights
including practising lawyers and members of non-governmental
organisations as well as academics, judges, public prosecutors and
other public officials.
Teachers
Our team consists of lawyers who have done considerable research in
human rights law; part of them are also active members in
non-governmental human rights organisations. All seminar leaders are
experienced in teaching human rights courses.
Carmen Thiele has studied law (public international law) in the former
Soviet Union. Since 1993 she works as assistant professor at the
Europa-Universit�t Viadrina in Frankfurt (Oder), in particular in the
field of public international law. In 1998 she will finish her Ph.D.
thesis on minority rights in Estonia. Lectures on human rights in
Russia.
Teaching languages: Russian, English, German, Spanish.
Bettina Giesecke is assistant professor at the Europa-Universit�t
Viadrina Frankfurt (Oder). She teaches constitutional and public
international law. Her Ph.D. thesis will deal with the relation of
Russian law and public international law. Since 1987 member of Amnesty
International, focus on Russia. Various lectures on the protection of
human rights and the human rights situation in Russia.
Teaching languages: English, French, German.
Annette Windmeisser worked as assistant professor at the
Europa-Universit�t Viadrina Frankfurt (Oder) from 1993 to 1995.
Lectures on the German and European System of Human Rights, Minority
Rights of the Sorbs and Theories on Democracy. Preparation of a
SOCRATES project on 'The European System of Human Rights Protection'
aimed to produce a teaching manual by the end of 1999. Her Ph.D.
thesis will treat the r�le of human rights in development policy. At
present she works as a lawyers trainee (Referendarin) in Hamburg.
Teaching languages: English, French, German.
Dr. Ralf Alleweldt, LL. M., has written a Ph.D. thesis on the
protection of refugees under the European Convention on Human Rights.
He worked for several years with a lawyer practising mainly in the
field of refugee protection. Since 1993 he is assistant professor at
the European University Viadrina Frankfurt (Oder). Research, inter
alia, on Eastern European constitutional law and the application of
international law in the states of Central and Eastern Europe;
numerous lectures and seminars on the protection of human rights.
Teaching Languages: English, German.
* * *
For further information, please contact:
MOST
c/o Bettina Giesecke
Europa-Universit�t Viadrina
Postfach 776
D-15207 Frankfurt (Oder)
Tel. ++49 (0) 335 5534-913 (B. Giesecke)
++49 (0) 335 5534-363 (C. Thiele)
++49 (0) 335 5534-917 (R. Alleweldt)
Fax ++49 (0) 335 5534-915
e-mail [email protected]
August 1998
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