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Fundamental Rights


The Venice Commission adopts opinions, amicus curiae briefs, studies and guidelines in the field of the protection of fundamental rights, including in particular, freedom of association, prohibition of discrimination, freedom of assembly, freedom of expression and freedom of conscience and religion.

 

Freedom of religion

 

In recent years, the Venice Commission has adopted opinions (in a number of cases prepared jointly with the OSCE/ODIHR) concerning legal texts on freedom of thought, conscience and religion - of Armenia (2010),  Azerbaijan (2012), Bosnia and Herzegovina (2012), Hungary (2012), and Kosovo (2014).

 

Studies and guidelines

In response to continued challenges in the field of freedom of religion, in particular concerning registration systems of religious communities and legal obstacles to acquiring legal personality, the Venice Commission and OSCE/ODIHR published, in 2004, the Guidelines for Review of Legislation pertaining to Religion or Belief. In 2008, the Venice Commission examined, in its Report on the relationship between Freedom of Expression and Freedom of Religion , the issue of the regulation and prosecution of blasphemy, religious insult and incitement to religious hatred, while in 2010 it adopted a Report on the counter-terrorism measures and human rights.

 

In addition, the Commission issued, in June 2014, the Guidelines on the legal personality of Religious or Belief Communities, prepared jointly in with the OSCE/ODIHR and intended to supplement and update the more general 2004 Guidelines.

 

Compilation of Venice Commission documents on freedom of religion

 

Freedom of peaceful assembly

 

The Venice Commission has been providing legal assistance to numerious states in order to help them ensure that their legislation on freedom of peaceful assembly is in compliance with the applicable European and International standards. In recent years, such opinions have been adopted in respect of Belarus (2012), Bulgaria (2009), the Russian Federation (2012 and 2013), Serbia (2010), Ukraine (2009, 2010, 2011).

 

Studies and guidelines

Joint Guidelines on Freedom of Peaceful Assembly, prepared in cooperation with the OSCE/ ODIHR, were first published in 2007 and revised in 2010.  These Guidelines are currently being revised in the light of the most recent developments in the field. The Commission also endorsed, in 2014, a “Comparative Study on National Legislation on Freedom of Peaceful Assembly, which was prepared at its request by the Max Plank Institute (Germany).

 

Compilation of Venice Commission documents on freedom of assembly

 

 

Freedom of expression and freedom to receive and impart information

 

The Commission adopted opinions concerning legislation on freedom of expression in Belarus (2010), Montenegro (2015), Hungary (2015) as well as on the issue of defamation in Azerbaijan (2013) and Italy (2013), and an amicus curiae brief (at the request of the Constitutional Court of Georgia in 2014), on the question of the defamation of the deceased.

 

The Commission also considered issues pertaining to the freedom of information in Hungary (2012) and Montenegro (2012). In 2013, it examined amendments to the law on freedom of expression of the Republic of Moldova on the prohibition of the use of communist symbols.

See also:

Report on relationship between freedom of expression and freedom of religion

 

Freedom of association

 

The Commission examines legal texts regulating the operation of non-governmental organisations (recently in Azerbaijan in 2011 and 2014, in Belarus in 2011, in the Kyrgyz Republic in 2013 and in the Russian Federation in 2014). In this context, it addresses issues of key importance for the effective exercise of the right to freedom of association, including the NGOs’ registration and related requirements, the internal autonomy of non-governmental organisations or the question of foreign funding of such organisations, as well as cumbersome reporting obligations, imposed on such NGOs.

 

Guidelines

In December 2014, the Venice Commission adopted the Joint Guidelines on Freedom of Association, prepared jointly with the OSCE/ODIHR and in consultations with representatives of the civil society. The Guidelines are proposed as a reference text not only for the Commission itself in its work on the right to freedom of association, but also for other international organisations, governments and NGOs.

 

Compilation of Venice Commission documents on freedom of association

 

 

Minority rights

In recent years, the Commission has also been asked to assess legislation on the protection national minorities (Hungary, 2012, Montenegro, 2015) as well as on the protection, by states members, of their state language and of the languages of national minorities (Slovakia, 2010), (Ukraine, 2011). It also examined constitutional provisions for the protection of national minorities in Hungary and Romania in the framework of the constitutional reforms in these countries.

 

Studies

In the sphere of minority protection, the Commission examined inter alia,  the participation of national minorities in decision making, including the question of the dual voting for persons belonging to national minorities ( see 2008 report,  the issue of non-citizens and minority rights (Report on Non-citizens and Minority Rights, 2007), as well as, already in 2001, the question of the preferential treatment of national minorities by their kin-state  (Report on the Preferential Treatment of National Minorities by their Kin-State) . 

 

See also:

Compilation of Venice Commission documents on protection of national minorities

 

 

Other topics

 

In the area of fundamental rights, the Commission also provided amicus curiae briefs for the Constitutional Court of the Republic of Moldova (on prohibition of communist symbols and on judges immunity, 2013) and for the Constitutional Court of Bosnia and Herzegovina (on possible discrimination in the selection of the Republic Day of the Republika Srpska, 2013). In 2015, the Commission examined, jointly with the OSCE/ODIHR, the Law of Ukraine on the condemnation of the communist and Nazi totalitarian regimes.

 

At the request of the Inter-American Court of Human Rights, in 2015 the Venice Commission adopted a comparative report on restrictions on freedom of expression, freedom of association, right to peaceful assembly and political rights of judges.

 

As a contribution to the Council of Europe Strategy for the rights of the children, in 2014 the Venice Commission adopted a Report on the children’s rights in constitutions. The report contained an overview of international standards and identified domestic good practices in the constitutional protection of children’s rights and of their enforcement. 

 

Also in 2014 the Commission adopted a report on the implementation of human rights treaties in domestic law and the role of courts. 

 

In 2013, the Commission studied the compatibility with universal human rights standards of statutory provisions containing prohibitions of “propaganda of homosexuality” adopted or proposed to be adopted in some European countries.

 

 

Also see:

 

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