Vol. 1, no 2, December - February 2014
ISSN 1339-4541 http://www.fses.uniba.sk/index.php?id=5610
Faculty of Social and Economic Sciences
Comenius University
UNESCO Centre for Human Rights Education
HUMAN RIGHTS NEWS
Editorial
Human Rights – here and now
Debating the protection of human rights is an arduous longterm
undertaking. It involves permanently redefining,
reaffirming and developing all areas of human activity closely
associated with protecting human rights. It goes without saying
that what applied a century ago is now obsolete and no longer
appropriate for the ever-expanding spectrum of rights or the
growing number of subjects whose rights need to be protected.
This is a natural element in the development of human society,
which undergoes so many changes that we are often unable to
perceive them, or reflect about them in a wider human rights
context. So it is not surprising that both in the professional
community of human rights experts, and among civil society
activists, and among ordinary citizens, there are no universal
truths or interpretations based on traditions and belief.
Moreover, what was enough for our parents and grandparents
does not necessarily suffice for us, our children and our
grandchildren.
Lessons from the distant and recent past show us that if not
the whole of society then at least some parts of it are very
sensitive not only to any signs of violations of the status quo in
the field of human rights protection, but also to manifestations
of indifference or plain ignorance about the rights that belong
to contemporary international human rights standards in
liberal democracies. Academics, students and NGOs have
always had a prominent position among the actors who quickly
and attentively observe all the steps taken by government and
opposition politicians, state bodies and other institutional and
non-institutional structures and watch how they act in the area
of human rights. It is therefore natural that we hear voices
from this part of civil society expressing their concern about
current developments in the human rights field, such as the
rights of minority groups ranging from ethnic, religious or
sexual minorities to the rights of the disabled, women,
children, consumers, etc. These warning voices need to be
taken seriously as they are usually alerting us to what may not
automatically be perceived as a breach of human rights, yet
may soon develop into an avalanche of grave violations that
are difficult to halt.
So let us take human rights seriously here and now, let us not
put off protecting them for a later day and let us do everything
we can so that we do not one day have to say that it’s already
too late.
prof. PhDr. Silvia Miháliková, PhD.
Content
1. Editorial
Human rights - here and now
2. Topic of the issue
European Year of Citizens and the European
Citizens Initiative from a human rights
perspective
3. Human rights news
Slovakia - Europe - World
4. Country focus
‘Made in Italy’: The country where people
are foreigners in life and citizens after
death.
5. Book review
Hľadanie bariér v prístupe k účinnej právnej
ochrane pred diskrimináciou Looking for
obstacles to effective legal protection from
discrimination
6. Reports
International conference "Rights and duties
of EU citizenship"
FSES Students at OSCE Permanent Council
7. Human rights organisations in Slovakia:
Poradňa pre občianske a ľudské práva
Advisory Centre for Civil and Human Rights
8. Conferences - events - festivals - studies
TOPIC OF THE ISSUE
European Year of Citizens and
European Citizens’ Initiative
from a human rights perspective
In 2013 European citizenship celebrates its
20th anniversary – a fitting occasion to reflect
upon and refresh our knowledge of citizens’
rights. In August 2011 the European Commission
proposed making 2013 a "European Year of
Citizens", claiming that citizenship of the European
Union and the rights that go with it are one of the
key pillars of the EU. The idea was initiated in the
European Parliament in 2010, intending "to give
momentum to the debate on Union citizenship
and inform Union citizens of their rights, in
particular the new rights resulting from the entry
into force of the Treaty of Lisbon".1
Moreover, the
European Citizens’ Initiative (EOI) was launched
last year and there are already 17 registered and
ongoing initiatives. The EU is facing an existential
crisis due to the economic downturn and one way
out is thought to be the empowerment of EU
citizens, which according to José Manuel Barroso
is the EU's raison d'être. Are these two
instruments serving this end?
Human rights dimension of EU citizenship
In 1973 the foreign ministers of the
European Communities adopted a Declaration on
European Identity that was to send third
countries a message about the founding pillars
the EU was built on - peace, economic and social
development, democracy and human rights. It
seems that the first goal has been reached: the
EU has enjoyed peace for more than 70 years,
and the European integration project was
awarded the Nobel Prize. Economic and social
development has also seen much progress, even
though it is currently in the shadow of the crisis.
Human rights, democracy and rule of law are
essential elements of the concept of European
Identity: their development has been a lengthy
and sometimes rather uncertain process, but
today their existence is considered a natural
outcome of the mutual links between economic
and individual interests. European Identity has
secured the development of human rights both
1
European Parliament resolution of 15 December 2010 on
the situation of fundamental rights in the EU (2009) –
effective implementation after the entry into force of the
Treaty of Lisbon (2009/2161 (INI))
internally and externally. Each area operated with
different objectives. On one hand there was the
attempt to define the characteristic features of
the EU in relation to third countries and to pursue
a foreign policy based on human rights. On the
other hand, it was important to win the support
of as many citizens as possible – and some of the
most important tools for doing this were the
judgements of the European Court of Justice, the
adoption of the EU Charter of Fundamental
Rights, the accession of the EU to the European
Convention of Human Rights and the introduction
of European citizenship.
It is the enjoyment of citizens' rights that
serves as a tool of self-realisation and selfdetermination.
The rights and obligations
attached to EU citizenship help make the concept
of European identity more specific. In the EU,
basic civil rights have been put on same footing
as fundamental human rights, most explicitly in
the EU Charter of Fundamental Rights. The
introduction of the concept of citizenship of the
European Union established by the Treaty on
European Union could easily be considered one
of the milestones in the creation of EU's policy on
fundamental rights. The term “citizenship” is
transparent and positively anchored in the EU
treaties. The Union “places the individual at the
heart of its activities by establishing a citizenship
of the Union”.2
Creation of an internal market
required not only free movement of goods but
also free movement of persons without a loss of
their political rights. The individual is no longer a
mere tool used to achieve economic goals.
European citizenship was formally
introduced by the Treaty of Maastricht and later
amended by the Treaty of Amsterdam. The
Treaty on the Functioning of the European Union
addresses the question of citizenship in Articles
20 to 25. Citizenship of the Union is additional
and does not replace national citizenship. The EU
citizen’s rights are a consequence of the status of
the person, of the fact that they belong to a
supranational body: prohibition of discrimination
on grounds of nationality; the right to vote and to
stand as a candidate at elections to the European
Parliament, as well as municipal elections; the
right to move and reside freely within the
territory of the Member States; the right to
petition the European Parliament, to apply to the
2
Preamble of the EU Charter on Fundamental Rights.
European Ombudsman, and to address the
institutions and advisory bodies of the Union in
any of the Treaty languages; the right to receive
protection by the diplomatic or consular
authorities of any Member State.
The Charter, however, goes beyond this
and awards rights not only to citizens but in part
also to persons from third countries (e.g. Article
41, “every person...”). The Charter copies the set
of rights granted by the Treaty and supplements
them with the right to good administration
(Article 41) and the right of access to documents
(Article 42), which were added by the Treaty of
Amsterdam.
European Citizens’ Initiative and human rights
The Lisbon Treaty obliged the EU
institutions to enable EU citizens to launch a
common EU-wide initiative that gives citizens the
right to request a legislative proposal at EU level.
The ECI presents a step that goes beyond
all previous opportunity structures for citizen
participation: the right to petition the European
Parliament, the right to direct complaints to the
EU Ombudsman and the European
Commission's practice of consulting civil society
in the agenda-setting phase (White papers). The
European Citizens’ Initiative is considered to be
a means of strengthening participatory
democracy and it carries the potential for a more
fundamental transformation of democracy
towards transnational participatory democracy.
However, a million signatures from at least seven
EU Member States are required to set the wheels
in motion.
The first ECIs3
were expected to deal
mostly with the environment, fundamental rights
and the movement of citizens. This hypothesis
was to some extent correct. There are indeed
three initiatives focused on environmental issues,
and migration also has its representatives.
Fundamental human rights are the object of
several initiatives. The following initiatives are
concerned with fundamental rights as formulated
in the EU Charter, which is probably the most
complex of the human rights document: "One of
us" (right to life, human dignity and integrity),
"Unconditional Basic Income" (human dignity,
social security and social assistance), "Teach for
Youth" (right to education), "Let me vote!" (right
to vote and to stand as a candidate at elections to
3
More details on the initiatives available at:
http://ec.europa.eu/citizens-initiative/public/welcome
the European Parliament), "Single
Communication Tariff Act" (consumer
protection), "ACT 4 Growth" (gender equality).
Moreover, there is an initiative that calls for an
explicit proclamation of the right to water "Water
and sanitation are a human right“.
Some initiatives are reflections of long-lasting
debates in European society such as the
permissibility of embryo research ("One of us"),
a ban on animal testing ("Stop vivisection") and
environmental issues. The "Let me vote!"
initiative focuses on migration as well as EU
citizenship and voting rights. It requires that EU
citizens residing in another Member State are
granted the right to vote in all political elections
in their country of residence on the same
conditions as the nationals of that state. Its
objective was also to enhance the concept of EU
citizenship, to reinforce citizens’ awareness that
they share a common destiny and to facilitate the
freedom of movement. According to the
organisers, when it comes to elections the
current state of affairs creates inequality and
"second-class citizens" out of those living in
another Member State. As for the common sense
of identity, they claim that "to give European
citizens the right to vote in all elections, be they
local, regional, national or European, would be to
give each European the feeling of a common
destiny, of being at home wherever he or she is
within the European Union. It would also be a
way to make up for a grave deficiency by
breathing a little more soul into Europe. It would
be a way of giving European citizenship its full
meaning: it must not be an additional, bargain
citizenship, but one which gives pride and
rights."4
Interestingly, the highest number of
signatures and far more than is required was so
far reached only by the initiative on the
recognition of the right to water ("Water and
sanitation are human rights").
Citizenship and human rights are constantly
challenged concepts that shape EU-level
democracy. In 2013 we stand witness to various
attempts at deepening deliberative and
transnational democratic tools. Are you aware of
them?
Michaela Chládeková (PhD Student, FSES CU)
4
Cayla, P. and Colonna, C. (2012). Europeans without
border. In Le Monde, 3 April 2012.
HUMAN RIGHTS NEWS
Slovakia
The Judicial Council has chosen three candidates for the post of judge of the European Court of Human Rights.
The selection had to be repeated after the previous candidates were rejected by the Council of Europe´s
Parliamentary Assembly early this year. The candidates are Ondrej Laciak, a lawyer and vice-dean of the Faculty
of Law at Comenius University; Marica Pirošíková, the Slovak representative at the ECHR, and Andrea Krišková, a
judge at the District Court Bratislava III. The candidates had to go through a demanding selection process where
they had to prove their language skills in English and French. However, the selection procedure has not been
completed yet: the proposal has to be presented to the government and will be sent to the Council of Europe
when it has been approved. The Council of Europe has already stated that the new Slovak judge will be chosen
on 28 January 2014. (-kj-)
This year Slovakia again joined the international campaign 16 Days of Activism against Gender Violence. We
also commemorated the first Slovak public campaign against violence against women that was held 15 years
ago. Between 25 November, the International Day for the Elimination of Violence against Women and 10
December, Human Rights Day, a number of discussions, conferences and exhibitions took place and in six cities
there was a public ‘happening’ - whistling for a life without violence for everyone. (-zm-)
Europe
Malala Yousafzai, 16, from Pakistan was awarded the European Parliament’s 2013 Sakharov Prize for Freedom
of Thought. Ms Yousafzai began her fight for women’s right to education, freedom and self-determination in
Pakistan at the age of 11 when the Taliban regime banned girls from attending school. She became a
prominent voice against such abuses mainly due to her blog, and Taliban gunmen tried to assassinate her in
October 2012. (-mc-)
In Belgium there is an ongoing debate about extending euthanasia to minors. (-mc-)
World
One of the biggest political figures of the 20th century has died. Nelson Mandela passed away on 5 December
at the age of 95. Mandela is known for his fight against apartheid, for which he won the Nobel Peace Prize in
1993 and year later he was democratically elected as the president of South Africa. In 1999 he left the
presidency, but remained one of the most influential people in the region. He played a crucial role in the choice
of South Africa to host the 2010 football World Cup. For two years he had suffered from very bad health and
was reliant on permanent care. He died a few weeks after the Nelson Mandela exhibition was opened in
Johannesburg. The exhibition, which is being held at the Nelson Mandela Centre of Memory, displays
Mandela's Nobel Peace Prize, his presidential briefcase and handwritten notes. (-kj-)
The UN Human Rights Council, which was established after the discrediting of the UN Human Rights
Committee, has 14 new members. The vote taken by the UN General Assembly was controversial because of
the elections of China, Russia, Saudi Arabia, Vietnam and Algeria, which are known for their negative attitudes
towards human rights and not allowing UN human rights monitors to investigate reported abuses. Critics object
to the idea that the upholding of human rights should be overseen by countries which themselves violate them.
They may ignore violations committed in their own countries by their own officials and police forces, thereby
undermining the Council’s legitimacy and importance. (-kj-)
Human Rights Watch has drawn attention to the negative impact of new procedural rules at the International
Criminal Court in the Hague, particularly in relation to attempts to provide immunity from prosecution for
serving government leaders. (-mc-)
On 1 December the UN High Commission for Human Rights celebrates its 20th anniversary. (-kj-)
Navi Pillay, Head of the UN High Commission for Human Rights Office, talks about “massive evidence” of war
crimes and crimes against humanity committed against Syrian citizens, especially by president Bashar Assad.
This information was confirmed by UN investigators (-kj-)
COUNTRY FOCUS
‘Made in Italy’: The country where
people are foreigners in life and
citizens after death.
Could there be a greater irony? Is it pure
mockery, political posturing or real compassion
for the victims? The answer could be found quite
quickly.
On 3 October 2013, a ship carrying
approximately 500 refugees from Somalia and
Eritrea sank near the Italian island of Lampedusa,
which has been considered in recent years to be
the main Mediterranean gateway to Europe for
people leaving Africa. The numbers are horrifying.
Only about 155 people survived. Divers were still
scanning the wreck 50 meters below sea level a
week after the tragedy. The total number of dead,
who included children and a pregnant woman,
exceeded 300.5
Yes, I have labelled this incident a
tragedy, and I am not the only one. Its
consequences were condemned not only by the
public, but also by some politicians, and even the
Pope joined the mass denunciation when he
repeatedly used the word ‘shame’ to describe the
tragedy. He sharply criticised the incident and said
that tragedies like this cannot be repeated in the
future.6
Unfortunately, it was not the first such
tragedy and it is unlikely to be the last. According
to data from the International Organization for
Migration, more than 20,000 people have died in
5
The numbers of dead and survivors were reported in
numerous media. Accessible on the internet:
http://www.corriere.it/cronache/13_ottobre_03/lampedusa
-naufraga-barcone-migranti-e0102320-2bf7-11e3-b674-
51fbe6c64466.shtml; http://www.bbc.co.uk/news/world-
europe-24499890;
http://livesicilia.it/2013/10/09/lampedusa-289corpi-nicolini-
barroso-letta_381916/;
http://edition.cnn.com/2013/10/05/world/europe/italy-
migrant-boat-sinks/.
6
Accessible on the internet:
http://www.lastampa.it/2013/10/03/italia/politica/lampedu
sa-il-papa-una-vergogna-simili-tragedia-non-devono-
ripetersi-ThV4AznB0cBuzMmLELY3PP/pagina.html;
http://www.corriere.it/cronache/13_ottobre_03/lampedusa
-naufraga-barcone-migranti-e0102320-2bf7-11e3-b674-
51fbe6c64466.shtml.
the Mediterranean in last 20 years, so it is a
20,000-fold shame.7
This is where the irony starts. It continues
with the act of granting Italian citizenship post
mortem to the dead victims of this tragedy. This is
Italy, where not even people who have been living
in the country for decades, who work, obey the
law, pay taxes and speak fluent Italian, are able to
get citizenship; a country where irregular
migrants8
are sent to straight to prison or sent
back to regimes that threaten their lives; put
bluntly, the country where migration laws are
written by one of the most radical right-wing
political parties, the Northern League.9
It is
strangely symbolic when people who died in part
because of restrictive laws, in part because the
alarmingly high numbers of refugees has been
ignored for years, and in part because of the
unwillingness to take systematic action, suddenly
get Italian citizenship when it is meaningless for
them. All they will get is a proper funeral with
national honours on the soil of the country where
they wanted to live with dignity. How can we
define such an act? Is it real sympathy for the
victims? Is this the Italian way of preserving
human dignity? When people are not able legally
to ask for citizenship, they are given it symbolically
after death. It sounds like compassion. The
problem is that those people would have had
scarcely any chance of gaining citizenship if they
had reached the coast and survived. Their
personal files would have ended up on a shelf
labelled ‘illegal’.
However, the irony does not end here.
The 155-odd survivors of the tragedy will have to
pay a fine of up to 5,000 Euros for illegally crossing
the border as well as being administratively
7
Accessible on the internet:
http://www.italy.iom.int/index.php?option=com_content&t
ask=view&id=265&Itemid=90.
8
An irregular migrant is a migrant who entered the country
legally but has for some reason lost that status (e.g. because
their visa has expired).
9
In Italian Lega Nord.
expelled and returned to the country they had
fled.
This fact unleashed a new wave of
controversy, criticism and promises. On the one
hand, EU representatives want to liberalize the
laws leading to the
criminalization of
foreigners, but on the
other hand, this December
sees the official launch of
EUROSUR – the European
border surveillance system
that could “form a ‘system
of systems’ giving all the
Member States’ border
control authorities access
to a secure and
decentralised informationsharing
network resulting
in a full picture of events
at the EU external
borders”,10
including the
movement of illegal
immigrants. The measure
is supposed to have a human face as well. By
sharing detailed information and continuous
monitoring, this system should also save lives of
illegal immigrants. Yet in reality the system does
not prevent the causes of migration, but merely
prevents the migrants reaching the borders and
shores of EU countries. Once again, this is not a
systematic solution to the real problem.
How is it possible that people voluntarily take such
risks, leaving their countries and setting out on
such a dangerous journey? We could have a long
argument about what ‘voluntary’ actually means.
Not many people would want to live in a country
that threatened the lives of its citizens. Anyone
who values their life and wants to live with dignity
would leave. But how are they to reach a country
which has committed itself to creating the
conditions for a decent life?
10
Accessible on the internet:
http://www.frontex.europa.eu/eurosur.
It says in the EU Charter of Fundamental
Human Rights that “Human dignity is inviolable. It
must be respected and protected”.11
These two
sentences are symbolically part of the Article 1 of
the Charter´s first chapter.
©Chappatte (Dostupné na internete
http://www.globecartoon.com/)
Yet there are ever fewer legal ways to
enter fortress Europe. We can scarcely use the
term ‘voluntary’ any more. The extent of security
controls at the EU’s external borders is reaching a
level previously unheard of. From the comments
of many politicians, journalists and academics we
discover that in recent years we have been
experiencing an unprecedented level of
international migration. However, these
statements are uncorroborated and lead to
unnecessary public alarm, thereby creating the
perfect climate for legitimising restrictive
measures and securitising migration.
11
Charter of Fundamental Human Rights of the European
Union (2000/C 364/01). Reachable on the internet:
http://www.europarl.europa.eu/charter/pdf/text_en.pdf.
Migration is not a new social
phenomenon. What is different now is that in the
past it was not a political issue. Even in ancient
political communities people used to distinguish
themselves from foreigners on the basis of
citizenship, and this provided the political powers
with a certain level of protection from potential
enemies, thereby ensuring continuity of power as
well.12
So it is possible to say that foreigners had
been securitised long before the idea of the
nation state emerged. However, it was the
emergence of the modern state that deepened
the relationship between state and citizen most
markedly. It was the precise marking of states´
borders that led definitively to the establishment
of strict rules and brought us to the stage where
we became very careful about protecting our
borders from undesirable influences who were
potentially dangerous and defining ourselves
against other groups. Many authors have
debunked the myths about unprecedented
migration levels.13
What is really unprecedented
nowadays is the extent and methods of border
controls, and the way irregular and illegal
immigrants are criminalised and securitised.
After the October tragedy politicians and
representatives of the EU were forced to take
their heads out of the sand and to try once again
to address the systemic problems caused by the
lack of any real European asylum policy, the
inadequate capacity of refugee camps, the
unfortunate bilateral agreements with African
countries and the strengthening of restrictive
measures which ever more frequently lead people
to use the services of people smugglers and resort
to risky methods of border crossing. This is clearly
not where the road should lead, and the 20,000fold
shame only goes to prove it.
Political representatives have been given
another chance. The question is whether they will
12
Kostlán, D. Migrácia. [cited 29.3.2013]. Reachable on:
http://www.multikulti.sk/pojmy/migracia.html.
13
For example Castles, S., Miller, M. J. (2009). The Age of
Migration: International Population Movements in the
Modern World. New York: Palgrave Macmillan; De Haas, H.
(2005). “International Migration, Remittances and
Development: myths and facts”. Third World Quarterly, Vol.
26 (8). Pp. 1243-1258.
take it. Time will tell whether the EUROSUR
system really will save lives or if it will only protect
the borders against irregular migrants even better.
However, in view of the situation in Africa it is
likely that the smugglers´ services will be used by
more and more people, that tension will rise in
the refugee camps and that the unintended
consequence will be the even greater
securitisation of irregular and illegal immigrants.
The constant strengthening of Fortress
European externally and the strengthening of
restrictive measures internally are one solution.
However, it is not a happy one and it is certainly
not a systematic one. Constant controls legitimate
the needs for such measures not only for illegal
migrants, but also for foreigners in general
without regard for their status. Europe has the
capacity to absorb thousands of people. The
challenge is whether there is the will to create the
necessary conditions for this. Article 1 of Chapter
1 of the EU Charter of Fundamental Human Rights
talks about human dignity. The approach of EU
countries should reflect this message. At the same
time it should lead to adopting the sort of
migration policies that always respect and
preserve human dignity, and to do so without
regard to country of origin or legal status.
Lenka Kissová
(PhD Student, Masaryk University)
BOOK REVIEW
Hľadanie bariér v prístupe
k účinnej právnej ochrane pred
diskrimináciou
Looking for obstacles to effective legal
protection from discrimination
Authors: Vanda Durbáková, Barbora Holubová,
Štefan Ivančo and Stanislava Liptáková. Poradňa
pre občianske a ľudské práva, (2012)
The study is a useful tool for anyone in Slovakia
who is interested in combating discrimination in
everyday life. The theoretical part is based on an
introduction to current antidiscrimination
legislation in Slovakia. Using the results of an
empirical survey it attempts to define the
barriers preventing access to effective legal
redress in cases of discrimination. The study
monitors the court judgements in unsuccessful
discrimination cases and highlights deficiencies
in the way Slovak courts enforce antidiscrimination
legislation. In the conclusion
there are some important recommendations,
the adoption of which would ensure better legal
protection when there the principle of equal
treatment is breached. (-as-)
REPORTS
International Conference
"Rights and duties related to EU
citizenship“ (22 October 2013)
This international academic conference was
organized by the Government Office of the Czech
Republic and the Faculty of Law, Charles
University, to mark the European Year of Citizens.
This year the EU has been focusing on its citizens
and the staff of the Faculty of Law of Charles
University organized a conference for people
working on EU citizenship and for those who
wanted to find out something new.
The programme was diverse. After opening
speeches by respected individuals like Czech
Minister of Justice Benešová, Deputy Chair of the
Constitutional Court Tomková, international law
Professor Šturma and former General Advocate
of the European Court of Justice Mazák, there
were panels dealing with three specific areas of
citizenship – freedom of movement, employment
law and social affairs, and international law.
The debate in the latter panel focused on the
definition of EU citizenship and its meaning –
whether it is a symbol of integration, almost a
federation or whether it is a virtual element, an
identity for citizens of member states. As we
know, EU citizenship is conditional on citizenship
of any EU member state, so it does not exist
alone. In this regard, there are several criticisms
of EU citizenship. The most interesting is the
metaphor of the EU as a ‘fortress’ which offers
huge advantages to those inside, while for the
beyond its borders it is an impregnable place
carefully protecting its territory and law. Based
on the definitions, we might think of the
citizenship in two frameworks – the global and
the traditional one. Global refers to the
universality of human rights, meaning that
human rights are not derived from the nation
state, but given by birth. On the contrary, the
traditional framework argues that the nation
state is still the most important actor and
therefore a condition for gaining and enjoying
human rights. EU citizenship was applied in a way
that corresponds to both approaches. The
relationship is not defined by right and duties,
but rather by rights and freedoms, which is a sign
of a modern, global conception. However, the
condition of member state citizenship is present
as well. The replacement of duties by freedoms
may cause passivity, which is one of the biggest
problems creating the democratic deficit. In this
situation we can ask two questions: would it not
be more effective for increasing civil activity if it
imposed some duties and got back to more
traditional perceptions of citizenship? And what
would happen if national citizenship moved to
this new conception?
Some interesting points were made about case
law concerning citizenship. An example from
international law is the European Court of
Human Rights case Hungary vs Slovakia on not
allowing the Hungarian president to enter the
Slovak Republic in 2009 for public security
reasons. A lot of other cases include the family
issues, especially where one or both parents
does not possess EU citizenship.
Generally we can see that citizenship brings many
advantages as well as problems, and the biggest
one is that the EU citizenship is not used by those
who could do so, while those who would like to
enjoy it are unable to. This applies in particular to
third countries.
Kristína Janková (PhD Student, FSES CU)
REPORTS
FSES Students at OSCE
Permanent Council in Vienna
On 21 November 2013 the UNESCO Centre for
Human Rights Education at the Faculty of Social
and Economic Sciences, Comenius University in
Bratislava, organised an excursion to Vienna for
students on the course “Fundamental rights
protection in the European Union”. Students
attended a meeting of the Permanent Council of
the Organisation for Security and Cooperation in
Europe (OSCE) that mainly dealt with the current
state of play of the OSCE mission in Moldova.
Afterwards OSCE Senior Press and Public
Information Assistant Florence Le Clézio gave a
presentation on the role and activities of the
OSCE. Alfred Kueppers, the Public Information
Officer, Office of the Special Representative and
Co-ordinator for Combating Trafficking in Human
Beings, also gave a presentation with a particular
focus on human trafficking and measures adopted in
order to promote human rights and security in OSCE
countries. The second part of the excursion took
place on the premises of the Faculty of Law at the
University of Vienna (JURIDICUM) where Childerik
Schaapveld, Head of the Council of Europe mission for
cooperation
with the offices of the OSCE and UN in Vienna,
provided students with an insight into the different
forms and methods of cooperation of all these
organisations in the area of human rights. Students
also had an opportunity to find out more about the
postgraduate study programme LLM in European and
Asian Legal Studies organised by Vienna University
from a presentation by Marina Brandtner.
JUDr. Alexandra Strážnická, PhD. LLM
(UNESCO Centre for Human Rights
Education)
HUMAN RIGHTS ORGANISATIONS IN SLOVAKIA
Poradňa pre občianske a ľudské práva v Košiciach/
Advisory Centre for Civil and Human Rights in Košice
The Advisory Centre for Civil and Human Rights is a non-governmental, non-profit organization
founded in 2001. It focuses on the protection of human rights in Slovakia with special emphasis on the
protection of the rights of minorities and freedom from discrimination.
Since 2001, the Centre has been fighting for the protection of internationally guaranteed human rights
in Slovakia with special focus on the Roma ethnic minority, which faces social exclusion and
discrimination in various areas of life. In particular, it has been fighting to eradicate the practice of
forced and coercive sterilization of Roma women, racial segregation and police violence against the
Roma in Slovakia.
Its activities include:
- conducting monitoring and research into human rights violations;
- building the capacity of victims to organise themselves and to take an active role in fighting against
discrimination and other human rights violations;
- providing free legal assistance to victims;
- conducting strategic litigation into human rights violations in courts and other legal proceedings,
including the European Court of Human Rights;
- advocating systemic change at the political level, including national laws and policies;
- conducting international and regional advocacy on Slovakia;
- improving the capacity of key stakeholders in international human rights standards and publishing
the best practice in relevant areas.
The Advisory Centre for Civil and Human Rights mission:
To Empower: The Centre works with those who suffer human rights violations and empowers them to
become active participants in addressing injustice and being transformed from victims to victors.
To Litigate: The Centre ensures that those responsible for human rights violations are held to account,
that victims get redress through courts and that courts become vehicles for social change.
To Educate: The Centre runs well-informed advocacy campaigns addressing specific human rights
violations and educates key stakeholders on applicable international human rights standards.
Interview with Vanda Durbáková, Advisory Centre for Civil and Human Rights lawyer…
For several years you have been active as
a lawyer providing legal assistance in the field of
human rights and fundamental freedoms. Why
did you decide to dedicate yourself
professionally to issues of human rights
protection?
As a student I had the opportunity to work as
a volunteer for one of the non-governmental
organisations, where I was able to talk to people
whose human rights had been violated and notify
the relevant state bodies of the violations. As a
law student I regarded this as an excellent
opportunity to combine my theoretical
knowledge with practical work. After I graduated
I worked in the field of commerce for a couple of
years but when I was suddenly offered the
chance to work for a human rights NGO I didn’t
hesitate for a moment. Through my professional
work I try to change things in our country for the
better. It’s work I enjoy and it brings me inner
satisfaction as well as being a great challenge for
me professionally.
Are you a specialist in a particular area of law?
I’ve been working with a number of NGOs. From
2003 I’ve been working for the Advisory Centre
for Civil and Human Rights and since 2004 for the
NGO Fenestra as well. I focus in particular on
protection against discrimination, the violation of
women’s reproductive rights and on women’s
rights to protection against violence.
How would you describe work as a lawyer at the
Advisory Centre?
In 2012 the Advisory Centre became the first
NGO from Central Europe to be awarded
the Prize of the French Republic for Human
Rights. My work for the centre involves providing
our clients with legal assistance, including
representing them in court.
I take part in various educational activities for
lawyers, and participate in publishing activities
and commenting on selected legal texts. What
could be interesting for your students is perhaps
our human rights training. In 2013 we organised a
Human Rights School for the first time with two
NGOs from Košice. 14 students from secondary
schools and universities in the Košice and Prešov
regions took part. Students were able to increase
their awareness of the basics of human rights
principles. They learnt how to destroy myths with
facts and overcome their own prejudices and
stereotypes, and intensified their interest in
important social issues. There is more
information available on our website and on
Facebook. We would like to continue organising
the Human Rights School, and although at the
moment it’s only for students from the Košice
and Prešov regions, we hope in future we will be
able to extend it to students in other regions of
Slovakia too.
You have successfully represented some of your
clients at the European Court for Human Rights
in Strasbourg. How did your experience
influence your further professional career?
Yes, I was one of the lawyers who represented a
number of Roma women who had been forcibly
sterilized. The European Court for Human Rights
(ECHR) decided in favour of these women in a
number of cases. For example, in the judgements
on the cases of V.C. vs. Slovakia, N.B. vs. Slovakia
and I.G. and others vs. Slovakia it was found that
sterilization without informed consent
constitutes a violation of rights guaranteed by the
Convention for the Protection of Human Rights
and Fundamental Freedoms, in particular the
right to be protected against inhuman or
degrading treatment, as well as of the right to
respect for private and family life. The court
awarded our clients a relatively high sum in
damages for the violation of their rights. These
judgements will influence courts’ decision making
in similar cases in Slovakia and will also be an
important precedent elsewhere in Europe and
worldwide. We are trying to use these decisions
in order to get financial and moral compensation
from the state for all women affected by these
practices, and not just those who have taken
legal action. We are trying in our work to achieve
systematic changes in our society.
How do you evaluate the level of human rights
protection in Slovakia?
In my professional experience of the area I work
in, legal regulations guarantee a fairly good level
of protection, but there are still problems with
their practical implementation, which we are
striving to achieve with our work. The people we
meet have often had their rights violated and
often they only gain justice after many years, and
often outside Slovakia. We try to ensure that
human rights violations do not take place, and
that if they do, people are able to gain justice on
their home soil. We believe that the courts‘
decisions condemning cases of human rights
violations can contribute to eliminating this
phenomenon in our society and will encourage
people whose rights are violated to become
active in defending themselves.
Vanda Durbáková was presented with the Woman of Courage Award at the Embassy of the USA in
Bratislava on Monday 8 April 2013 on the occasion of International Roma Day by the US Ambassador
to Slovakia, Theodore Sedgwick.
JUDr. Alexandra Strážnická, PhD. LLM (UNESCO Centre for Human Rights Education)
CONFERENCES – EVENTS – FESTIVALS – STUDIES
“Human Rights and Citizenship”: The UNESCO Centre for Human Rights Education and the Centre for Human
Rights and Democratisation, Faculty of Social and Economic Sciences, Comenius University in Bratislava , invite
you to a conference to mark International Human Rights Day and the European Year of Citizens at the Faculty
of Social and Economic Sciences, Bratislava, 10 December 2013;
http://www.fses.uniba.sk/fileadmin/user_upload/editors/Novinky/Kalendar_podujati/2013_slovensko_plakat_
final_8_12_2013.pdf
“Law, Justice and the Security Gap”, International Conference of the LSE ‘Security in Transition’ programme:
The London School of Economics and Political Science invites you to an international conference focused on the
relationship between law, justice and security issues, London, UK, 21 June 2014 (Deadline for abstracts 6
January 2014); http://www.securityintransition.org/
“Labour in East and Southeast Europe: Institutions and Practices Between Formality and Informality”: Institut
für Ost- und Südosteuropaforschung invites you to an international conference that seeks to explore labour and
how it interacts with institutions in Eastern Europe, Regensburg, Germany, 26-28 June 2014 (Deadline for
abstracts 13 January 2014);
http://www.ios-regensburg.de/fileadmin/doc/veranstaltungen/2014/2014_CfP-IOS.pdf
“Balkan and Baltic States in United Europe: History, Religion, Cultures II“: The Balkan Ethnology Department of
the Institute of Ethnology and Folklore Studies with Ethnographic Museum of the Bulgarian Academy of
Sciences invite you to the conference that will continue previous discussions about process of integration of
Balkan countries to the EU, Sofia, Bulgaria, 1-3 October 2014 (Deadline for abstracts 30 January 2014);
http://www.pecob.eu/call-for-papers-conference-balkan-and-baltic-states-in-united-europe-history-religion-
cultures-II
“Multilingual Situations and Policies towards Multilingualism in Europe“: Université Paris-Ouest Nanterre La
Défense invites you to an international conference that seeks to explore multilingualism in politics,
administration and justice, Paris, France, 20-21 November 2014 (Deadline for abstracts 1 April 2014);
http://www.u-paris10.fr/
December 2013
HUMAN RIGHTS NEWS
Bulletin is published by UNESCO Chair for Human Rights Education
Published 4 times a year
Address: Mlynské luhy 4, Bratislava 821 05
E-mail: hrn@fses.uniba.sk
Website: http://www.fses.uniba.sk/
Chief editors: Lucia Mokrá, Michaela Chládeková
Editors: Kristína Janková, Alexandra Strážnická, Zuzana Maďarová
ISSN 1339-4541