Garantee of Human Rights as a Basis of Cooperation between the EU and Russia

1. Garanteeof Human Rights as a Basis ofCooperationbetweenthe EU andRussia by Prof. Dr. Dr. hc Dietrich Rauschning Georg-August Universität Göttingen Institut für Völkerrecht drausch@gwdg.de

2. Human Rights • are legal positionsofindividuals in therelationtothestateorotherpublicauthoritiesguarantiedbylaw • Regulary they are incorporated in the national Constitution and have a higher legal force ofor rank than the laws enacted by the legislative. • It is a qualification of a Constitution to include provisions guaranteeing human rights: • France: "Déclaration des droits de l'homme et du citoyen" 1789 • 1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good. • 2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, property, security, and resistance to oppression. • 16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.

3. Historical Development • National • First articulation in the Bill of Rights of Virginia 1776. • USA: Amendments to the Constitution 1791 • France: "Déclaration des droits de l'homme et du citoyen" 1789 – • Germanconstitutions since1816 • Grundgesetz 1949 • Constitution of the RussianFederation 1993

4. InternationalUnited Nations Charter, Preamble, paragraph 2, Article 1 paragraph 2 etc. Universal Declaration of Human Rights 1948, not binding and no supervision.European Convention on Human Rights 1950 with additional protocols. UNO 1966: International Covenant on Economic, Social, and Cultural Rights. Inforced by system of reports.International Covenant on Civil and Political Rights; Optional Protocol: supervision by the Human Rights Committee. Differences in legal force and a, 2007pplicability. EU: Charter of Fundamental Freedoms of the European Union

5. Functionof Human Rights • 1) Effects of Human Rights within the State • Rules determining the actions of the state and its organs, offices and its entities are not only limitations, and but setting goals and aims of the state actions. • Elements of an objective order and guarantees for specific institutions like family, property, press. • Guarantee of a sphere of freedom. In a dualistic state the basic rights separate the sphere of freedom of the people and the citizens from the sphere of action of the state. Limitations only on approval of the representatives of the people by laws. In a unitarian state the protection of the freedoms against the majority. Basic rights as a protection for minorities. • Integration of the group, the people. Elimination of bursting topics from the sphere of state matters (e.g. religion). Confidence of the citizens in the protection of their freedoms. Nondiscrimination and equality. • Basis for democracy right to communicate freely.

6. Functionof Fundamental Rights:Example: Folksong 1817 (Kerner4) Eberhard, der mit dem BarteWürttembergs geliebter Herrsprach: "Mein Land hat keine Städteträgt nicht Berge silberschwer5) Doch ein Kleinod hält´s verborgen -daß in Wäldern noch so großich mein Haupt kann kühnlich legenjedem Untertan in Schoss."6) Und es rief der Herr von Sachsender von Bayern, der vom Rhein"Graf im Bart, ihr seid der reichsteeuer Land trägt Edelstein!"

7. 2) Effects in international relationsa) tendency to act peacefully and establish friendly relations,b) basis for international cooperation, political, cultural and economical,c) harmonising international organisationsd) preventing the flow of refugees.3) Reasons for entering international systems of protection of human rightsa) For thefunctionsunder 2)b) desire to protect your people all over the world (Human Rights, not only Fundamental Rights),c) equality in international competition,d) give an example to other states in the protection of human beings,e) proving that this state is aiming at the implementation of human rights.

8. Acceptanceof Human Rights byRussia • 1977 Constitutionof USSR , Art 33 to 69 – not effective1993 ConstitutionoftheRussianFederationPreambel : (3) asserting human rights and freedoms, civil peace and harmony, preserving historically established unity of the state,……Article 2 : An individual, his rights and freedoms, shall be the supreme value. Recognition, observance and protection of rights and freedoms of individual and citizen shall be an obligation of the state. Chapter 2 - Rights and Freedoms of Individual and CitizenArticle 171. In the Russian Federation the rights and freedoms of individual and citizen shall be recognised and guaranteed according to the generally accepted principles and rules of international law and according to the present Constitution.2. The basic rights and freedoms shall be inalienable and belong to every person from birth.3. The exercise of rights and freedoms of individual and citizen shall not infringe upon the rights and freedoms of other persons.

9. Chapter 2 - Rights and Freedoms of Individual and Citizen • List of Fundamental Rights • Art. 18 – 64 • Art 14 para 5; Creation and activity of social associations shall be prohibited, if their aims and actions are directed to the violent change of the foundations of the constitutional system, the breach of integrity of the Russian Federation, the undermining of the security of the state, the creation of military units not provided for by the Constitution of the Russian Federation and federal laws, the fomenting of social, racial, national and religious strife.

10. Russia :Partnerstatetothe Council of Europe andthe European Conventionof Human Rights • Russia acceded to the Council of Europe in 1996 and ratified the European Convention on Human Rights in 1998. • Article 1of the Statute of the CoE • a) The aim of the Council of Europe is to achieve a great­er unity between its members for the purpose of safe­guarding and reali­sing the ideals and principles which are their common heritage and facilitating their economic and social progress.

11. Preambleofthe ECHR • Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms; • Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend; • Being resolved, as the governments of European countries which are like‑minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration,