Legal responses: the human rights framework

When the Universal Declaration of Human Rights was adopted, colonialism and legal segregation on basis of skin colour still existed, in many states women could not vote or lead an independent life, homosexuality was a crime …
As the system evolved with the human rights movement in the second half of the 20th century, more groups felt empowered and began claiming their equality in dignity. This struggle for the recognition of all people’s equality in dignity and rights, and to abolish all forms of discrimination, is not over. However, the recent history of adoption of international human rights treaties within the UN system concerning racism and discrimination leaves ample room for hope and optimism:
- 9 December 1948: Convention on the Prevention and Punishment of the Crime of Genocide
- 10 December 1948: Universal Declaration of Human Rights
- 21 December 1965: International Convention on the Elimination of All Forms of Racial Discrimination
- 16 December 1966: International Covenant on Economic, Social and Cultural Rights
- 16 December 1966: International Covenant on Civil and Political Rights
- 18 December 1979: Convention on the Elimination of All Forms of Discrimination Against Women
- 20 November 1989: Convention on the Rights of the Child
- 18 December 1990: International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
- 13 December 2006: Convention on the Rights of Persons with Disabilities
While there is progress, we can argue that the insidious structures of racism and racialised views of the world are slowing down the process and negatively marking the lives of countless people across the world.
A lot of progress has been achieved in the past 25 years since the first All Different – All Equal campaign. The Council of Europe, along with other international organisations, have developed a significant number of responses to the challenges posed by the inequalities, the racism and the discrimination in our societies.
The European Convention of Human Rights remains the key human rights treaty in Europe. It includes a prohibition of discrimination in Article 14 in connection with the rights outlined in the Convention, and Protocol 12 includes a general prohibition of discrimination. The European Court of Human Rights has developed very important case law on discrimination that led to changes in the legislation and practices of the member states. The Revised European Social Charter also includes provisions that prohibit discrimination, particularly in connection with the enjoyment of social rights.
To further protect the rights of national and linguistic minorities, the Council of Europe member states have adopted the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.

The institution of the Human Rights Commissioner was established in 1999 by the Council of Europe with the aim to foster the effective observance of human rights, and assist member states in the implementation of Council of Europe human rights standards. The Commissioner also supports the work of the national human rights bodies. In the past 20 years, the Office of the Human Rights Commissioner has done significant work to ensure all groups in our societies live in equality in dignity.
Other relevant standards include Council of Europe Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity: this has given a basis for groundbreaking work on the protection of the rights of the LGBT+.
The Council of Europe has examined the situation of “national minorities” on a number of occasions since 1949. Although it is possible to understand that the term refers to those people who have been forced to migrate to another country or who find themselves living in another country because of border changes, it has proved impossible to reach consensus on the interpretation of the term ‘national minorities’. The Vienna Summit's Declaration of 1993 gave new impetus to the drive to protect minorities. As a result, the member states have decided to use a pragmatic approach in the Framework Convention for the Protection of National Minorities adopted in November 1994: the convention contains no definition of ‘national minority’, allowing each case to be viewed according to the particular circumstances in each state. Those states that sign and ratify the convention commit themselves legally to enable national minorities to preserve the essential elements of their identity, in particular their religion, language, traditions and cultural heritage. Self-definition is also important, and Article 3.1 acknowledges the right of individuals freely to choose to be treated or not to be treated as belonging to a national minority.
To protect the linguistic diversity in Europe, the European Charter for Regional or Minority Languages was signed in 1992. This treaty aims to protect and promote the historical regional or minority languages of Europe. It was adopted, on the one hand, to maintain and to develop Europe's cultural traditions and heritage, and, on the other, to respect an inalienable and commonly recognised right to use a regional or minority language in private and public life. Enforcement of the Charter is under the control of a committee of experts which periodically examines reports presented by the Parties.