< Viewpoints 2007 Viewpoints

“The new European migration policy should be based on human rights principles, not xenophobia” [17/12/07] On the eve of the International Migrants Day, Commissioner Hammarberg releases a viewpoint and an issue paper in which he urges European States to improve the protection of migrants' rights. Speaking in favour of regularisation and non-refoulement, the Commissioner criticises “anti-foreigner expressions like ‘if they do not love our country they can get out’” and proposes practical actions for comprehensive migration policies based on facts and human rights. Read the Viewpoint Read in Russian (.doc format) Read the Issue Paper “There must be no impunity for police violence” [03/12/07] In his latest Viewpoint, Thomas Hammarberg condemns police ill-treatment and underlines the need for independent, transparent prompt and thorough inquiries into allegations of brutality. Since this Viewpoint was written, the Commissioner has visited Ireland and seen a good example on how investigations into cases of alleged police brutality could be investigated. In a revised version of the article, the Commissioner presents the Garda Siochana Commission Ombudsman as a model for other countries. Read the Viewpoint Read in Russian (.doc format) "Listen seriously to the views of children" [19/11/07] The Commissioner pays tribute to Janusz Korczak, a pioneer of children's rights, and calls for his work to serve as a model in ensuring that children are actively involved in decision making processes. "All sides stand to gain of adults learn to support children in the exercise of their rights", says Thomas Hammarberg, while suggesting some concrete steps in this direction. Read the Viewpoint Read in Russian (.doc format) “Time to re-examine the use of life sentences” [12/11/07] In this viewpoint, Thomas Hammarberg asserts that "the use of life sentences should be questioned". The decision to sentence for life is fraught with consequences on the treatment of prisoners and is often merely a response to popular demand. Read the Viewpoint Read in Russian (.doc format) “No one should have to be homeless – adequate housing is a right” [29/10/07] "All forms of discrimination in housing should be prevented" says the Commissioner, calling for a serious debate on housing rights in Europe. He stresses that national human-rights policies should be defined to improve the living conditions of vulnerable groups and low-income populations. Read the Viewpoint Read in Russian (.doc format) “Long delays in court proceedings threaten the rule of law” [15/10/07] Court proceedings are too slow in several European countries. Unjustified delays constitute a violation of the European Court of Human Rights, reminds Thomas Hammarberg. While welcoming national remedies to speed up procedures or to compensate those who have had to wait too long, he recommends states to see this problem as a symptom of deeper problems in the administration of justice, which should be remedied. Read the Viewpoint Read in Russian (.doc format) “Media diversity: a core element of true democracy” [01/10/07] In this Viewpoint, the Commissioner stresses that impartiality from the public service media, government transparency and fair competition are key elements of a sound media policy. Although media problems are more acute in transition countries, state and business domination over the Media sector is widespread, making it essential to discuss this issue all over Europe. Read the Viewpoint Read in Russian (.doc format) “Investigative journalists and whistle blowers must be protected” [17/09/07] The repression that journalists face in today’s Europe is a threat to freedom of expression and must be countered, Commissioner Hammarberg states in his latest Viewpoint. Besides the protection of inside sources, “An immediate step would be to release all those who have been imprisoned because of their journalistic work and to declare a moratorium on the use of criminal defamation laws”, the Commissioner writes. Excerpts from this Viewpoint were published in several European Media, including France's Nouvel Observateur en temps réel and Dernières Nouvelles d'Alsace, Russia's Ria Novosti, and Azerbaijan's Zerkalo. Read the Viewpoint Read in Russian (.doc format) “States should protect the right of individuals to apply to the Strasbourg Court” [03/09/07] The Commissioner reminds governments of their duty to respect the right of individual application before the European Court of Human Rights. “There are allegations that individuals have been discouraged from applying to the Court and that governments have failed to cooperate fully with the Court”, says Thomas Hammarberg. “These are serious matters which call for open discussion”. Read the Viewpoint Read in Russian (.doc format) “The slow march towards gender balance in politics” [20/08/07] “The distribution of power between men and women is still very unequal” states the Commissioner for Human Rights on the basis of a 2003 recommendation by the Council of Europe Committee of Ministers. Thomas Hammarberg reviews possible measures for improving women’s participation in the political arena and speaks in favour of positive discrimination. Finnish President Tarja Halonen and German Chancellor Angela Merkel, May 2007. Photo© Office of the President of the Republic of Finland Read the Viewpoint Read in Russian (.doc format) “Children in migration should get better protection” [06/08/07] In this Viewpoint, Commissioner Hammarberg urges the Council of Europe Member States not to forget the children in the migration debate. The children rights also apply here and should be implemented. Besides, special consideration must be given to their situation, with focus on family reunification, the right to health and access to education, regardless of their or their parents’ legal status. Photo©UNHCR Read the Viewpoint Read in Russian (.doc format) “Victims of human rights violations deserve more” [23/07/07] According to the Commissioner for Human Rights, victims of human rights violations should be granted full right to reparation, which can take more forms than just financial compensation. “Reparation can never fully undo the damage that has been done”, Thomas Hammarberg writes. “But this must not impede us from fighting to achieve just redress for victims”. The Holocaust Memorial, Berlin. Read the Viewpoint Read in Russian (.doc format) “Europe is not free from child poverty – concrete action is needed” [09/07/07] In this Viewpoint, the Commissioner for Human Rights discusses the issue of child poverty in Europe. He argues that beyond providing direct subsidies to the most socially disadvantaged groups, governments should provide access to free education and basic medical services in schools. One version of this article was published in the UK paper Young Minds. Photo©UNICEF/SWZK00006/ GIACOMO PIROZZI Read the Viewpoint Read in Russian (.doc format) “Security agencies must be put under democratic control” [25/06/07] European security agencies must assume their share of responsibility for the abductions, renditions, secret detentions and unlawful interrogations, writes the Commissioner for Human Rights arguing that human rights violations committed by state bodies should not be shielded from accountability as “state secrets”. Thomas Hammarberg also endorses a recent Report by the Venice Commission on steps needed to ensure state accountability. This article was published on several websites, including www.droits-ntic.com, www.libertysecurity.org and www.wikio.fr. Read the Viewpoint Read in Russian (.doc format) “Do not criminalize critical remarks against religions” [11/06/07] The Commissioner for Human Rights reiterates that governments should not curtail freedom of expression to protect religions from criticism. "Banning information and the expression of opinions should be seen as an exceptional measure which needs to be decided through democratic means and justified as a matter of absolute necessity", he writes. A version of this article was published in the weekly New Europe and in the Danish newspaper Jyllands-Posten. Demonstration during the "Danish cartoons" controversy, London, February 2006. Read Read the article published in New Europe “Racial and religious profiling must not be used in the combat against terrorism” [29/05/07] Thomas Hammarberg voices concern that new forms of terrorist profiling have led to unacceptable discrimination against Muslims and people who appear to be of Middle-Eastern descent. The article has been quoted in several European newspapers, including El Mundo in Spain. Read Read in Russian (.doc format) "Homophobic policies are slow to disappear" [16/05/07] On the International Day Against Homophobia, Commissioner Thomas Hammarberg reviews the recent European record on discrimination against the LGBT community, and urges governments to take stronger action to protect the human rights of all people, irrespective of their sexual orientation or gender identification. One version of this opinion article was published in the Baltic Times and in the Lithuanian daily Lietuvos Rytas. Read Read in Russian (.doc format) Read the article published in the Baltic Times “Judges must be independent and protected from both political and economic pressure” [30/04/07] "Political interventions and corruption undermine the credibility of the whole justice system and threaten the right to a fair trial as defined in the European Convention on Human Rights" writes the Commissioner for Human Rights. Read Read in Russian (.doc format) “The Greek case became a defining lesson for human rights policies in Europe” [18/04/07] Forty years after the military takeover in Greece, Commissioner Thomas Hammarberg discusses the colonels' coup, and argues that the inter-state complaint brought against Greece by governments in Scandinavia and the Netherlands -- to the Commission of Human Rights within the Council of Europe -- was instrumental in triggering debate on international mechanisms against torture. Read Read in Russian (.doc format) "Roma job seekers are discriminated against" [02/04/07] In this Viewpoint, Commissioner Hammarberg discusses the Europe-wide problem of discrimination against the Roma on the labour market. He calls on governments to draw up dedicated strategies to bring about equality of opportunity in employment, education, housing and health care. Read Read in Russian (.doc format) "Lustration must not turn into revenge against former collaborators" [19/03/07] The Commissioner discusses the challenge that lustration exercises still pose in post-communist countries. Mr Hammarberg reiterates the conclusions of a 2006 Court judgement, according to which governments must ensure that all procedural guarantees under the Convention are provided to those affected. This article was published in Poland's Gazeta Wyborcza. Read Read in Russian (.doc format) Read the article in Gazeta Wyborcza "Prisoners should be treated with dignity" [05/03/07] Commissioner Hammarberg's Viewpoint draws attention to Europe's appalling prison conditions, and argues - among others - that governments should abide by the Council of Europe's European Prison Rules. Read Read in Russian (.doc format) "Prevent trafficking in human beings by addressing the root causes" [19/02/07] Commissioner Hammarberg stresses that governments should intensify the campaign in relation to the trafficking of children and adults. "The Council of Europe Convention on Action against Trafficking in Human Beings is a key instrument for that purpose and should be ratified by all member states without further delay." Read Read in Russian (.doc format) "We must learn from our bitter history" [05/02/07] In this Viewpoint, Commissioner Hammarberg stresses that past crimes and human rights violations should be exposed in an open, honest and impartial manner in the entire Council of Europe region. Thomas Hammarberg in Auschwitz-Birkenau, December 2006 Read Read in Russian (.doc format) "Europe's growing Islamophobia must be tackled" [22/01/07] Commissioner Hammarberg discusses Europe's deepening Islamophobia. He points to some of the key causes behind the phenomenon and highlights positive initiatives which try to address the problem. "The warning signals must be heard and effective political action must be taken," he stresses. Read Read in Russian (.doc format) "It is wrong to punish the child victims" [08/01/07] In a Viewpoint on juvenile crime, Commissioner Thomas Hammarberg argues that young offenders should be treated in the spirit of the UN Convention on the Rights of the Child, and authorities should be seeking family-based or other social alternatives to imprisonment. Boys working in the grounds of a juvenile detention centre in Moldova. Photo©UNICEF/SWZK00277/Giacomo Pirozzi Read top of page