GLOSSARY. Council of Europe
GLOSSARY. Council of Europe
GLOSSARY. Council of Europe
The aim of this glossary is to give users of Compass a short definition or brief
explanation of the main concepts, conventions and terms as they are used in the
manual. For more detailed information the reader should consult the relevant sections of
background information to the themes in chapter 5 and use the Internet.
Accession: replaces the classic two-stage process of signing and ratifying a treaty that
is already in effect. By acceding to the treaty, a state is immediately bound by it. An
example where the idea of accession is in play is the issue of whether the European
Union should accede to the ECHR.
Accountability: a process which requires government to show, explain and justify how it
has fulfilled its obligations to the people.
Apartheid: inhumane acts of murder, rape, torture, enslavement or other crimes against
humanity committed in the context of an institutionalized regime of systematic
oppression and domination by one racial group over any other racial group or groups,
and committed with the intention of maintaining that regime.
Arab Charter of Human Rights: adopted by the Council of the League of Arab States
on 22 May 2004 it affirms the principles contained in the UDHR, the International
Covenants of Human Rights and the Cairo Declaration on Human Rights in Islam.
Arbitration: a process by which, instead of going to court, disputing parties ask a third
person to listen to their arguments and then to make a decision, which they agree to
follow.
Asylum-seeker: an individual who has sought international protection and whose claims
for formal refugee status have not yet been determined.
Autocracy: government by a single person or small group that has unlimited power or
authority, or the power or authority of such a person or group
Bill of rights: a statement in a constitution of human or civil rights that lists protections
against interference by governments. Also see International Bill of Human Rights.
Charter of the United Nations: founding treaty of the United Nations. It was adopted
unanimously on the 25th June 1945 and sets out the rights and obligations of Member
States as well as establishing the United Nations organs and procedures.
Codification, Codify: The process of formalizing law or rights into written instruments.
Civil rights: (sometimes known as civil liberties); a category of rights and freedoms that
protect individuals from unwarranted government action and ensure their ability to
participate in the civil life of the state without discrimination or repression.
Civil society: refers collectively to voluntary civic and social organizations, associations
and institutions, for example registered charities, non-governmental organizations,
community groups, women’s organizations, faith-based organizations, professional
associations, trade unions, self-help groups and advocacy groups that form the basis of
a functioning democratic society. Civil society is seen as distinct from the state and
commercial institutions of the market.
Collective rights: the rights of groups to protect their interests and identities; sometimes
referred to as ‘third generation rights’. These rights exist in addition to individual rights.
Commission on Human Rights: UN body now superseded by the Human Rights
Council.
Competency: the ability to perform a job or task. In relation to defending human rights,
the knowledge and understanding necessary for young people to gain a deeper
understanding of human rights issues and the skills, attitudes and values required to
defend human rights.
Conflict transformation: the process by which conflicts such as wars and inter-ethnic
and inter-religious violence are changed or transformed into peaceful outcomes. It is a
long-term process that addresses the root causes of the conflict as well as the behaviour
and attitudes of the parties involved.
Conflict prevention: actions undertaken over the short term to reduce manifest
tensions and / or to prevent the outbreak or recurrence of violent conflict.
Conflict management: actions undertaken with the main objective of preventing the
vertical (intensification of violence) or horizontal (territorial spread) escalation of existing
violent conflicts.
Conflict resolution: actions undertaken over the short term to end violent conflict.
Council of Europe: founded in 1949 to protect and promote human rights, democracy
and the rule of law. Today its 47 member states cover virtually the entire continent of
Europe. It is based in Strasbourg.
Crimes against peace: in international law refers to (i) planning, preparation, initiation
or waging of a war of aggression or a war in violation of international treaties,
agreements or assurances; (ii) participation in a common plan or conspiracy for the
accomplishment of any of the acts mentioned under (i). Known as the Nuremberg
principles.
Culture: a broad set of shared attitudes, values, goals, and practices, often based on
historical traditions shared by an institution, organization or group.
Cultural rights: the right to preserve one’s cultural identity and development.
Customary international law: practice that is recognised in law on the basis of custom
and tradition. In order to become customary international law a practice has to fulfil two
elements: uniform and consistent state practice over time and the belief that such
practice is obligatory (opinio juris). It is an important and useful source of international
law because it binds all nations, whether or not they have consented to a treaty.
Death penalty: the sanctioned taking of life by the state as a punishment for a crime.
The European Convention on Human Rights originally allowed for the death penalty, but
now prohibits it within its territory (protocol 6) even in times of war (protocol 13). Most
countries in the world have now abolished the death penalty.
Debriefing: a structured conversation between facilitators and participants in order to
review an experiential and participatory activity; to talk about what happened and how
people felt. The aim is to help participants clarify their thoughts and feelings in a safe
environment.
Declaration: a document stating agreed upon principles and standards but which is not
legally binding. UN conferences, like the 1993 UN Conference on Human Rights in
Vienna and the 1995 World Conference for Women in Beijing, usually produce two sets
of declarations: one written by government representatives and one by nongovernmental
organizations (NGOs). The UN General Assembly often issues influential but legally
non-binding declarations.
Declaration on the Rights of the Child: adopted by the UN General Assembly in 1959,
this non-binding instrument sets forth ten general principles, which later formed the basis
for the Convention on the Rights of the Child (CRC), which was adopted in 1989.
Democracy: a form of government where the authority to govern is derived from the
people, either by direct referendum or by means of representatives elected by the
people entitled to vote.
Derogation: a declaration from a treaty member state that allows that state to suspend
or restrict certain rights – for example, in times of war. Some rights can never be
derogated from – e.g. the right to be free from torture.
Disappearance: the expression used when people vanish because they have been
killed or secretly imprisoned by the government or other organisations. They disappear
because of their political opinions or activities challenging an unjust regime or doctrine of
the organisations.
Discrimination: any distinction, exclusion or restriction or preference, which is based on
any ground such as race, culture, ethnic origin, nationality, sexual orientation, religion,
physical handicap, or other characteristics not relevant to the issue in question.
Economic rights: rights that concern the production, development, and management of
materials for the necessities of life. These are proclaimed in the UDHR and safeguarded
by the ICESCR and the European Social Charter.
Entering into force: the process by which a treaty becomes fully binding on those
states which have ratified it. This happens when the minimum number of ratifications
called for by the treaty has been achieved.
European Court of Justice of the European Union: (often referred to simply as “the
Court”); set up 1952. Based in Luxembourg, its job is to make sure that EU legislation is
interpreted and applied in the same way in all EU countries, so that the law is equal for
everyone. It ensures, for example, that national courts do not give different rulings on the
same issue.
European Cultural Convention: (adopted by the Council of Europe, 1954; entered into
force 1955); a regional treaty that provides the official framework for the Council of
Europe’s work on education, culture, heritage, youth and sport. A complement to the
European Convention, the Cultural Convention seeks to safeguard European culture and
to develop mutual understanding and appreciation of cultural diversity between its
various peoples.
European Social Charter: (adopted by the Council of Europe 1962; revised 1996); a
regional treaty that guarantees social and economic human rights; it complements the
European Convention, which principally addresses civil and political rights.
European Union (EU): an economic and political union of member states located in
Europe and committed to regional integration and social cooperation. The EU was
established by the Treaty of Maastricht in 1993.
Evolving capacity: a principle used in the Convention on the Rights of the Child (CRC)
that recommends greater exercise of a child’s rights in relation to his or her growing
cognitive and emotional maturity.
First-generation rights: the rights which were generally accepted as human rights in
the 17th-18th Centuries. They include all civil and political human rights such as the right
to vote, right to life and liberty, and freedoms of expression, religion, and assembly. The
International Covenant on Civil and Political Rights (ICCPR) principally codifies these
rights. Because the term suggests a hierarchy of civil and political rights over second
generation rights, or economic and social rights, it is increasingly falling from use.
Formal education: the structured education and training system that runs from pre-
primary and primary through secondary school and on to university. As a rule it takes
place at general or vocational educational institutions and leads to certification.
Framework convention: a convention that establishes the principles and norms under
which international action will proceed, and sets up a procedure for negotiating the more
detailed arrangements necessary to deal with the issue.
Freedom of expression: the freedom to express views in print and other media, and to
receive as well as communicate ideas. The term “freedom of expression” is often used in
a general way to refer to either or both of Articles 19 and 18 of the UDHR.
Gender: A social construct that informs roles, attitudes, values and relationships
between women and men. While sex is determined by biology - the biological
differences between men and women - gender is determined by society; almost always
functioning to subordinate women to men.
Geneva Conventions: four treaties adopted in 1949 under the International Committee
of the Red Cross (ICRC) in Geneva, Switzerland. They set out the rules that apply in
armed conflict, in particular relating to the treatment of sick and wounded soldiers,
sailors and airmen, prisoners of war and civilians under enemy control.
Genocide: the systematic killing with intent to destroy, in whole or in part, a group of
people because of their nationality, race, ethnicity or religion. Also, causing serious
bodily or mental harm and forcibly transferring children of the group to another group.
Hearing: a process in which interested parties, and any other persons who may be
affected by a result, have the opportunity to make submissions, ask questions or register
objections about a matter. For instance a hearing may be held by a local or national
government department, an international body or a specially established commission.
High Commissioner for Human Rights: the principal human rights official of the United
Nations. The High Commissioner heads the Office of the High Commissioner of Human
Rights which was set up to support the UN human rights mechanisms. (Not to be
confused with Commissioner for Human Rights, an institution of the Council of Europe).
Human Rights Committee: a United Nations body of 18 experts that meets three times
a year to consider the five-yearly reports submitted by 162 UN member states on their
compliance with the International Covenant on Civil and Political Rights, ICCPR.
Human rights framework: the evolving and interrelated body of international and
regional instruments that define human rights and establish mechanisms to promote and
protect them.
Humanitarian law: the body of law, mainly based on the Geneva Conventions, that
protects certain persons in times of armed conflict, helps victims and limits the methods
and means of combat in order to minimize destruction, loss of life and unnecessary
human suffering.
Indigenous peoples: are defined as much by their relations with the land as by any
intrinsic characteristics that they may possess. They have suffered from colonisation, are
always marginal to their states and they are often tribal. Many indigenous peoples seek
recognition of their rights as distinct peoples, including the right to self-determination,
and the right to control the development of their societies. United Nations Declaration on
the Rights of Indigenous Peoples, 2007.
Inalienable: refers to rights that belong to every person and cannot be taken from them
under any circumstances.
Indivisible: refers to the importance of seeing all human rights as part of an undividable
and inseparable whole. A person cannot be denied a particular human right on the
grounds that it is “less important” than another or “non-essential”.
Informal education: the lifelong process whereby every individual acquires attitudes,
values, skills and knowledge from daily experience and the educational influences and
resources in his or her own environment (family, peer-group, neighbours, market place,
library, mass media, work, play etc).
Instruments: any formal, written document of a state or states that sets forth rights as
non-binding principles (a declaration) or codifies rights that are legally binding on those
states that ratify them (a covenant, treaty, or convention). They may be national or
international.
Internally displaced persons (IDPs): people or groups of individuals who have been
forced to leave their homes or places of habitual residence, in particular as a result of, or
in order to avoid, the effects of armed conflict, situations of generalized violence,
violations of human rights or natural- or human-made disasters, and who have not
crossed an international border.
International Court of Justice (IJC): (World Court); is the primary judicial organ of the
United Nations. Based in The Hague, Netherlands, its main functions are to settle legal
disputes submitted to it by states and to give advisory opinions on legal questions
submitted to it by duly authorized international organs, agencies, and the UN General
Assembly. (The ICJ should not be confused with the International Criminal Court.)
Jurisprudence: a legal term that refers to the collection of cases and the principles
established by these cases at a particular court, for example the jurisprudence of the
European Court of Human Rights.
Legal rights: (also called statutory rights); rights laid down in law and which can be
defended and brought before courts of law. Also used to describe human rights relating
to legal process, for example, right to a fair trial.
Life stance: a framework of ideas that helps us understand the world and find meaning
and value in life; a shared label encompassing both religions and alternatives to religion,
without discrimination in favour of either.
Mediation: a process whereby a third person helps disputing parties to settle their
disagreement by discussing the issue to find common ground that they can both agree
on.
Migrant: a term used widely in the work of the European Committee on Migration to
refer, depending on the context, to emigrants, returning migrants, immigrants, refugees,
displaced persons and persons of immigrant background and/or members of ethnic
minority populations that have been created through immigration.
Moral rights: rights deriving from general ethical principles, such as fairness and justice.
Natural rights: rights that belong to people simply because they are human beings.
Also called inalienable rights, they are considered to be self-evident and universal and
not contingent upon the laws, customs, or beliefs of any particular culture or
government.
Negotiation: the process by which people in a dispute talk to each other in order to
arrive at a solution to their problem.
Neo-Nazism: refers to post-World War II far right political or social movements and
ideologies that seek to revive Nazism or some variant based on racial or ethnic
nationalism.
Optional Protocol: a treaty that modifies another treaty e.g. by adding additional
procedures or provisions. It is called “optional” because a government that has ratified
the original treaty can choose whether or not to ratify the changes made in the protocol.
Political rights: the right of individuals to participate in the political life of their
community and society, such as by voting for their government.
Racism: the belief that people’s qualities are influenced by their ethnic group or tribe
and that the members of other groups and tribes (“races”) are not as good as the
members of their own, or the resulting unfair treatment of members of other “races”.
Ratification, to ratify: the process by which the legislative body of a state confirms a
government’s action in signing a treaty; the formal procedure by which a state becomes
bound to a treaty after acceptance. After ratification a state becomes a party to the
treaty.
Refugee: someone who owing to a well-founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular social group or political opinion, is
outside the country of his or her nationality, and is unable to, or owing to such fear, is
unwilling to avail him or herself of the protection of that country. The term is also used in
a general way to describe anyone in a refugee-like situation, for instance asylum
seekers.
Reservation: the exceptions that states make to a treaty e.g. provisions that they do not
agree to follow. Reservations, however, may not undermine the fundamental meaning of
the treaty.
Right to development: the right of groups to grow in cultural, political, and economic
ways so that their human rights and fundamental freedoms can be fully and
progressively realized. The UN Declaration on the Right to Development of 1986.
Role-play: a short drama acted out by the participants. People draw on their own life
experiences to role-play a situation; role plays are mostly improvised. The purpose of
role playing is to enable participants to experience situations and explore solutions to
problems in a safe environment.
Second-generation rights: the rights which entered popular discourse around the
beginning of the 20th century mainly encompassing economic, social and cultural rights,
such as an adequate standard of living, health care, housing and education. The
International Covenant on Economic, Social, and Cultural Rights principally codifies
these rights. Because the term suggests a hierarchy of civil and political rights over
economic and social rights, it is increasingly falling from usage.
Sex: the biological differences between men and women, which are universal and do not
change. This is in contrast to gender, which refers to social attributes that are learned or
acquired during socialisation as a member of a given community.
Signature: the signature of a treaty is the first step to become party to the treaty, which
invariably means the step towards ratification. By signing a treaty the state expresses an
intention, in the future, to accept all the obligations arising under the treaty and in the
meantime to refrain from doing anything inconsistent with these obligations.
Simulation: an extended, structured role-play that takes the participants into unfamiliar
situations and roles.
Skill: an ability to do an activity or job well, especially because you have practised it.
The ability to defend human rights includes, for example, skills of communication,
problem-solving, creative thinking, negotiation and teamwork.
Social rights: rights necessary for full participation in the life of society. The UDHR, the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and the
European Social Charter guarantee social rights.
Special Rapporteur: a person chosen by a human rights body, such as the UN Human
Rights Council to report on a particular theme e.g. on adequate housing, child
prostitution and child pornography, on violence against women or on the human rights
situation in a particular country.
State sovereignty: the idea that a government has the ultimate legal right to determine
what is done within its jurisdiction. International human rights documents set certain
limitations to sovereignty, as does membership of international bodies such as the EU.
Sustainable development: development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. The term was
first used by the World Commission on Environment and Development (WCED),
convened by the UN in 1983.
Third-generation rights: rights, not easily classified as either civil-political or social-
economic, which emerged in the second half of the twentieth century. They include the
right to a healthy environment, the right to peace, the right to development, and the right
to natural resources. See also collective rights.
Tolerance: willingness to accept behaviour and beliefs which are different from your
own, although you might not agree with or approve of them. Declaration of Principles on
Tolerance (UNESCO 1995).
Trade Union: an association of workers in a particular trade or craft that looks after the
workers’common interests, for instance, better working conditions. The right to form and
join a trade union as well as a right to collective bargaining of wages are widely
recognised human rights.
Training: the process of learning the knowledge, skills and attitudes that you need to do
a particular job or activity, for instance to enable you to defend human rights.
UNICEF: (United Nations Children’s Fund); advocates for the protection of children’s
rights, to help meet their basic needs and to expand their opportunities to reach their full
potential. UNICEF is guided by the Convention on the Rights of the Child and strives to
establish it as an international standard for all behaviour towards children.
United Nations Security Council (UNSC): one of the principal organs of the United
Nations and is charged with the maintenance of international peace and security. It has
5 permanent members, each of which has the power to veto any decision by the
Security Council, and 10 non-permanent members.
Universality: The principle that all human rights are held by all persons in all states and
societies in the world.
War crimes: crimes committed during a conflict, internal or international, which involve
grave breaches of humanitarian law or other laws relating to armed conflict. The Hague
Conventions of 1899 and 1907 along with the Geneva Convention of 1949 are among
the first formal international laws of war and war crimes and the humanitarian treatment
of the victims of war.