As delivered

Minister,
Excellencies,
Ladies and Gentlemen,

This high-level seminar, with its emphasis on diversity and human rights, is extremely timely. In today’s Europe, we are increasingly seeing these values put to the test. The surge in terrorism and violent extremism on our continent; the massive flow of migrants and refugees into our nations; ongoing economic hardship for our citizens; all are placing pressure on our societies – and relationships within and between communities are feeling the strain.

Against this backdrop, the Council of Europe is elevating the work we do which aims, explicitly, at protecting fundamental freedoms in culturally diverse societies: we are giving this element of our work even greater status – because we believe that this is a key way in which we can support our member states in today’s sometimes tense and fragmented climate.

Our European Commission against Racism and Intolerance (ECRI) plays an extremely important role, as does the Advisory Committee on our Framework Convention for the Protection of National Minorities, the Commissioner for Human Rights, the Parliamentary Assembly, the Congress, and our youth Campaign against Hate Speech.

I would also like to mention our Intercultural Cities Programme, which brings together a growing network of cities – now over 90 – from across the world, to help develop policies seeking to address the reality of discrimination, prevent it and promote equality for the successful and dynamic management of diversity.

It is an excellent example of how we can translate, effectively, our principles and values into real, positive change on the ground.

And we now have two extremely important Action Plans guiding our intergovernmental activities in this area, too: the first devoted to “the fight against violent extremism and radicalisation leading to terrorism”, which was adopted by the Committee of Ministers in Brussels in May 2015, and the complementary Action Plan on Building Inclusive Societies, which runs from this year to 2019.

It is in this second Action Plan that our governments committed to the guidelines which we are here to discuss today – on the ‘protection and promotion of human rights in culturally diverse societies’.

They are based on Council of Europe standards relating to the principles of freedom of thought, conscience and religion, as enshrined in the European Convention on Human Rights, and they are inspired by judgments of the European Court of Human Rights. What is particularly innovative and, I hope, useful is that the guidelines do not consider these standards in isolation, but rather rethink and recast them through their interaction with other human rights, such as freedom of expression, freedom of assembly and the right to private life. We have sought to create a tool which reflects the often complex interplay of different rights within diverse societies; guidelines which are realistic and usable across our member states in the fight against discrimination and promotion of effective equality.

Through the course of the day you will delve into the details. Before you do, I would like to set out three principles which we take as our starting point and which have shaped the guidelines.

First, diversity can and should be an asset to member states. We do not see diversity as a threat, but rather as having the power to enrich our shared way of life, whether it flows from communities who have lived in Europe for generations, or from those who arrive more recently.

Indeed, the Council of Europe, at its heart, is an organisation dedicated to diversity: yes, we expect our members to meet common standards for the rights and liberties all must enjoy. Indeed, these fundamental freedoms are the soul of our Organisation, and our starting point is that they are non-negotiable for member states. Within this, however, we still recognise the huge cultural variation among our 47 members. We do not expect all in Europe to think the same, and ours is a model of co-operation based on dialogue precisely because we respect differences among nations. It follows that we value the rich diversity which exists within member states, too.  

And we are active about it. Tolerance does not mean simply acceptance. On the contrary, it means the willingness to meet and understand others, and to recognise, as I said, that diversity can be an asset for us all. A social good to be maintained.

Second principle: diversity needs to be carefully managed.

Across our nations we have seen the damage that is done when authorities and wider society fail to engage in this task, or else pursue ill-considered integration policies, even with the best of intentions.

In some cases the result is segregation, and the marginalisation of minorities. In others, we have seen a kind of collective denial of difference, as immigrant communities, for example, are expected to shed their traditions and mimic the majority.

In some cases, the politically-correct mainstream has found it so difficult and uncomfortable to address the challenges presented by diversity that they have, inadvertently, made it easier for the xenophobes, populists and nationalists presently making gains across Europe – who, by contrast, are willing to talk openly about people’s grievances with regard to integration, and especially immigration.

The fact is that diversity cannot be ignored; it doesn’t just work itself out; we need to be energetic, intelligent and ethical in the way we manage it. And, as we do so, we at the Council of Europe strongly believe that states are on safest ground when they follow clear, international standards, based on our shared values of democracy, human rights and the rule of law guaranteeing equality in dignity for everybody.

Principle number three: there is an extremely careful balance to be struck between allowing our societies to be plural spaces, in which all voices and viewpoints can express themselves, while also preventing the hate speech which can lead to violence and the stigmatisation of whole cultures or groups. Free speech, not hate speech – this dilemma is constantly present in our work on diversity. We see many of our states grappling with it. And we always tell them the same thing: be led by the Convention and the case law of the European Court of Human Rights. They are your best guide.

As the Strasbourg Court has made clear, freedom of expression, Article 10 of the Convention, extends to information and ideas which ‘offend, shock and disturb’. Any restrictions on it must be proportionate, necessary and set out precisely in law. But freedom of expression is not a license to say anything: certainly not calling others to violence. And it is a right which goes hand in hand with responsibility.

As the Court put it in the Otto-Preminger-Institute case, and I quote, “[…] whoever exercises the rights and freedoms enshrined in the first paragraph of […] Article [10 of the European Convention on Human Rights] undertakes ‘duties and responsibilities’. Amongst them – in the context of religious opinions and beliefs – may legitimately be included an obligation to avoid as far as possible expressions that are gratuitously offensive to others and thus an infringement of their rights, and which therefore do not contribute to any form of public debate capable of furthering progress in human affairs.”

So, three principles to have in mind before your discussions commence. Diversity can be a powerful asset; it must be carefully managed – which means, for us, democratically managed; and at all times we must be alive to the need to protect free speech without legitimising hate speech. Three simple messages which are sometimes lost, but which are fundamental to the successful functioning of culturally diverse societies.

As you discuss the application of these principles through the guidelines I am sure your insights and conclusions will be focused on action and shaped by realities on the ground – which was very much the intention of gathering you here.

As I said, the guidelines are intended as a practical instrument, aimed at human rights which are “not theoretical and illusory, but practical and effective”. I look forward to hearing the outcome of this timely meeting, and I thank you for being here today.