A EUROPEAN FRAMEWORK NATIONAL STATUTE FOR THE PROMOTION OF TOLERANCE
SUBMITTED WITH A VIEW TO BEING ENACTED BY THE LEGISLATURES OF EUROPEAN STATES
...Whereas such coexistence enriches and strengthens the fabric of the national society, it should not affect the basic identity of that society or its shared values, history, aspirations and goals
Hate crimes" means: any criminal act however defined, whether committed against persons or property, where the victims or targets are selected because of their real or perceived connection with - or support or membership of - a group as defined in paragraph (a).
(d)"Tolerance" means: respect for and acceptance of the expression, preservation and development of the distinct identity of a group as defined in paragraph (a). This definition is without prejudice to the principle of coexistence of diverse groups within a single society
3
Explanatory Note:
Coexistence of diverse groups within a single society requires, inter alia, some knowledge of local language as a means of communication
with authorities and the social environment. Section 2.
Purpose
The purpose of this Statute is to:
(a)Promote tolerance within society without weakening the common bonds tying together a single society.
(b)Foster tolerance between different societies.
(c)Eliminate hate crimes as defined in Section 1(c).
(d)Condemn all manifestations of intolerance based on bias, bigotry and prejudice.
(e)Take concrete action to combat intolerance, in particular with a view to eliminating racism, colour bias, ethnic discrimination, religious intolerance, totalitarian ideologies, xenophobia, anti-Semitism, anti-feminism and homophobia.
It is important to stress that tolerance must be practised not only by Governmental bodies but equally by individuals, including members of one group vis-à-vis another.
(iv)Guarantee of tolerance must be understood not only as a vertical relationship (Government-to-individuals) but also as a horizontal relationship (group-to-group and person-to-person). It is the obligation of the Government to ensure that intolerance is not practised either in vertical or in horizontal relationships
- Right to acquire nationality based on birth or long-term residence.
- Right to work, including free choice of employment and equal pay for equal work
- Right to medical care and social insurance.
Ordre public:
Explanatory Notes:
A prime example: it must be understood that demonstrations (in exercise of freedom of assembly) need not be tolerated when they are likely to degenerate into riots or infringe on the rights of others
There is no need to be tolerant to the intolerant. This is especially important as far as freedom of expression is concerned: that freedom must not be abused to defame other groups.
Tolerance (as defined in Section 1(d)) must be guaranteed to any group (as defined in Section 1(a)), whether it has long-standing societal roots or it is recently formed, especially as a result of migration from abroad.
(b)Foreign migrants, for their part, must adhere to the principle of coexistence of diverse groups within a single society.
(c)If a foreign migrant-who has been admitted into the territory of the State but has not acquired citizenship–is clearly unwilling to comply with the principle of coexistence of diverse groups within a single national society, he or she may be obliged to leave the
State (subject to applicable international legal standards).
Under Article 3 of Protocol 4 to the European
Convention for the Protection of Human Rights and Fundamental Freedoms, "No one shall be expelled ... from the territory of the State of which he is a national". Obviously, once a new migrant has acquired nationality, paragraph (c) is no longer applicable.
Members of vulnerable and disadvantaged groups are entitled to a special protection, additional to the general protection that has to be provided by the Government to every person within the State.
(ii)The special protection afforded to members of vulnerable and disadvantaged groups may imply a preferential treatment.
Strictly speaking, this preferential treatment goes beyond mere respect and acceptance lying at the root of tolerance (see the definition of tolerance in Section 1(d)).
Still, the present provision is justified by the linkage between historical intolerance and vulnerability.
(iii)The answer to the question which group is vulnerable
or disadvantaged in a particular society varies from one country to another.
b)Without prejudice to existing control mechanism, set up a special administrative unit in order to supervise the implementation of this Statute.
Explanatory Note:
(i)The implementation of this provision depends on the existing structure in any given State. In any country which has already set up an administrative body vested with general competence to supervise laws such as the present Statute, no further action has to be taken. However, where no such body exists, it has to be set up.
(ii)The special administrative unit should preferably operate within the Ministry of Justice (although the Ministry of the Interior is another reasonable possibility).
c)Establish a National Tolerance Monitoring Commission as an independent body –composed of eminent persons from outside the civil service–vested with the authority to promote tolerance. The Commission will be empowered to:
(i)Issue general guidelines and specific recommendations for action.
(ii)Express views regarding the degree to which this Statute is implemented in practice.
(iii)Disseminate such guidelines, recommendations and views through the media and otherwise.
(iv)Foster international cooperation with similar bodies in other States.
The independent Commission will be empowered to express its views regarding implementation of the Statute by all concerned. Implementation in this context includes (but is not limited to) the imposition of penal sanctions, education and media coverage.
Juveniles convicted of committing crimes listed in paragraph (a) will be required to undergo a rehabilitation programme designed to instill in them a culture of tolerance.
The Government shall ensure that:
(a)Schools, from the primary level upwards, will introduce courses encouraging students to accept diversity and promoting a climate of tolerance as regards the qualities and cultures of others.
Section 8.
Education
The Government shall ensure that:
(a)Schools, from the primary level upwards, will introduce courses encouraging students to accept diversity and promoting a climate of tolerance as regards the qualities and cultures of others.
Explanatory Notes:
(i)The principle has been accepted for many years (cf. the Declaration Regarding Intolerance – A Threat to Democracy, adopted by the Committee of Ministers of the Council of Europe on 14 May 1981).
(ii)It is very important to start such courses as early as possible in the educational programme, i.e. in elementary school.
Yet, these courses must be offered also at higher levels of education, up to and including universities.
(b)Similar courses will be incorporated in the training of those serving in the military and law enforcement agencies.
(c)Training and tolerance awareness courses will be made available to different strata of society, with an emphasis on professional groups.
Explanatory Notes:
(i)Training must be made available as part of continuing adult education.
(ii)It is especially important to ensure advanced professional training of lawyers (including judges and criminal justice personnel), administrators, police officers, doctors, etc.
(d)Teaching materials for tolerance awareness courses (including syllabi) will be developed by Departments of Education to meet the needs.
(e)Instructors will be trained in a manner qualifying them to train others in tolerance awareness courses.
(f)Departments of Education will ensure that teaching materials in ordinary courses will be free of any innuendos and slights directed against any group as defined in Section 1(a).
(g)The production of books, plays, newspapers reports, magazine articles, films and television programmes–promoting a climate of tolerance–will be encouraged and, where necessary, subsidized by the Government. Section 9.
Mass Media
(a)The Government shall ensure that public broadcasting (television and radio) stations will devote a prescribed percentage of their programmes to promoting a climate of tolerance, as per Section 8(f).
(b) The Government shall encourage all privately owned mass media (including the printed press) to promote a climate of tolerance, as per Section 8(f).
(c)The Government shall encourage all the mass media (public as well as private) to adopt an ethical code of conduct, which will prevent the spreading of intolerance and will be supervised by a mass media complaints commission.
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