Ireland was treated to a rare spectacle this week: a politician who opposed a prime minister on a matter of conscience, lost a ministry, was expelled from her party, and parted without rancour.
Lucinda Creighton, a 33-year-old rising star in the Fine Gael party, and Minister of State for European Affairs in Enda Kenny’s coalition government, voted against a bill which allowed women access to abortion at any stage of their pregnancy if they threaten to commit suicide…
France is under scrutiny by a European council for its police abuse of peaceful pro-marriage demonstrators.
The Council of Europe is sending investigators to France to look into government violence against people who oppose a new law allowing same-sex marriage. The Council also passed a resolution reaffirming the freedom of assembly and speech, citing the violence against marriage supporters in France “including the use of tear gas on peaceful demonstrators.”
The Monitoring Committee holds Council of Europe members accountable, especially regarding human rights. It has received only 7 petitions since it was established in 1997. The process could lead to sanctions against France…
Or : lack of freedom of choice to use your conscience…
Four Irish politicians have had their party whip removed after defying their leader, Prime Minister Enda Kenny, to vote against a bill proposing a change in the country’s abortion law.
Terence Flanagan, Peter Matthews, Billy Timmins and Brian Walsh, all members of the governing Fine Gael party, voted against the Protection of Life During Pregnancy bill at its second stage, although it was passed by 138 votes to 24…
PARIS, June 28 (C-FAM) An international lawyer has filed complaints against France in the UN Human Rights Council for brutalizing peaceful demonstrators. Videos show French police beating marriage demonstrators, using tear gas and clubs against women, men, elderly and children.
Homosexual marriage and adoption became law in France on May 18. But a movement numbering millions of French citizens is determined to change that. La Manif Pour Tous, which means “demonstration for all”, is not relenting despite the government’s attempts to intimidate and violently repress them …
Council of Europe, Parliamentary Assembly, Resolution 1947 (2013)1 Provisional version
1. Popular protest has erupted in many European (and non-European) countries recently. Demonstrations often occur in an unregulated manner, its participants co-ordinating with one another through social media. The right of individuals to demonstrate against their democratically elected governments is as legitimate as is the right of such governments not to change their policies in the face of protests.
2. Such demonstrations have taken place in many cities and countries in Europe in the last year. In all cases, the protests started peacefully, even if in some cases small minorities did engage in violent activity. The response by the public authorities and the action taken by law-enforcement bodies were at times disproportionate.
3. Examples of peaceful demonstrations which developed into violent clashes with the police in the last few months in Europe include:
3.1. several demonstrations against same-sex marriage staged in Paris between 24 March and 27 May 2013 (“Manif pour tous”), involving more than 2 million people, triggering the intervention of lawenforcement forces including the use of tear gas on peaceful demonstrators. Four persons were injured and several hundred were arrested;
3.2. riots which took place in the suburbs of Stockholm from 20 to 24 May 2013 where people demonstrated against the killing of an immigrant by the police and against immigration and integration policies in general. No injuries were reported and the police arrested 29 people ;
(…)
The Assembly urges the Council of Europe member States, where appropriate, to take the necessary measures to bring their legislation into line with Council of Europe standards and the case law
of the European Court of Human Rights, including as regards freedom of expression, of the media and of assembly, and invites them to:
9.1. guarantee freedom of assembly and demonstration in accordance with the case law of the European Court of Human Rights and ensure that this freedom can be exercised in practice;
9.2. duly investigate the use of excessive or disproportionate force by members of the lawenforcement forces and impose sanctions on those responsible;
9.3. reinforce human rights training for members of the security forces, and also for judges and prosecutors, in partnership with the Council of Europe;
9.4. draw up clear instructions concerning the use of tear gas (pepper spray) and prohibit its use in confined spaces;
9.5. ensure media freedom, put an end to harassment and arrests of journalists and the searches of media premises and refrain from imposing sanctions on media outlets covering popular protests, in line also with Resolution 1920 (2013) on the state of media freedom in Europe;
9.6. reform the Criminal Code and the Code of Criminal Procedure, as well as anti-terrorism legislation and the Administrative Code, whenever the relevant legislation is not in line with Council of Europe standards and the case law of the European Court of Human Rights;
9.7. examine means of consulting the population or involving it in the management of public affairs, both at local and national levels, drawing on relevant European standards and good practices, in line also with Resolution 1746 (2010) on democracy in Europe: crisis and perspectives;
9.8. refrain from putting unnecessary administrative and organisational hurdles in the way of the work of civil society organisations by subjecting them to controls, fines and penalties. Such excessive practices intensify popular discontent and may lead to further increased popular protest activity.
10. Finally, the Assembly invites the Secretary General of the Council of Europe to consider drawing up guidelines in respect of human rights in the policing of demonstrations.
Opinion 285 (2013)1 Provisional version
Council of Europe, Parliamentary Assembly, 26 June 2013
Motion for a resolution
tabled by Mr Luca VOLONTÈ and other members of the Assembly (This motion has not been discussed in the Assembly and commits only those who have signed it)
We, the undersigned, express our serious concern with respect to the abuse of the police force in the context
of the demonstrations against the approval of the “Taubira law” where hundreds of walkers and protesters were brutalised, gassed, arbitrarily arrested and jailed for 24 hours and more in “garde à vue”. Reports from lawyers and NGOs indicate that more than 600 individuals have been arrested and jailed in “garde à vue”.
Most of those individuals were released after 24 hours without being convicted of any offence; therefore, the
penal procedure of “garde à vue” is being abused as a political punishment.
This continuous abuse of the police force and of the procedure of “garde à vue” violates various provisions of the European Convention on Human Rights, in particular Article 3 (prohibition of torture and inhuman
treatment), Article 5 (right to liberty) and Article 7 (no punishment without law).
We express our concern regarding violations of the freedom of assembly and the right to political protest
guaranteed by Article 11. In this context, the government also threatened to ban abusively the social and peaceful movement of protest, whereas neither this movement nor any of its members have been convicted of
any violent or illegal acts.
We, the undersigned, also express our concern regarding violations, due to compulsory teaching of the gender
theory from the age of 6, of the freedom of conscience and of parental rights to educate their children on moral matters guaranteed by Articles 8 and 9 of the Convention, and Article 2 of the Protocol thereto.
For all the above reasons, we request that a monitoring procedure be initiated with respect to France in
accordance with article 2.iii of the terms of reference of the Monitoring Committee.
Signed (1) :
VOLONTÈ Luca, Italy, EPP/CD
AGRAMUNT Pedro, Spain, EPP/CD
ARSHBA Otari, Russian Federation, EDG
BOLDI Rossana, Italy, EDG
BRICOLO Federico, Italy, EDG
DİŞLİ Şaban, Turkey, EPP/CD
FARINA Renato, Italy, EPP/CD
GRIMOLDI Paolo, Italy, EDG
ISLAMI Kastriot, Albania, SOC
KOSZORÚS László, Hungary, EPP/CD
L’OVOCHKINA Yuliya, Ukraine, EDG
MAKHMUTOV Anvar, Russian Federation, EDG
MALGIERI Gennaro, Italy, EPP/CD
MIHALOVICS Péter, Hungary, EPP/CD
NESSA Pasquale, Italy, EPP/CD
PINTADO Ángel, Spain, EPP/CD
PUCHE Gabino, Spain, EPP/CD
SANTINI Giacomo, Italy, EPP/CD
STEFANELLI Lorella, San Marino, EPP/CD
STUCCHI Giacomo, Italy, EDG
SULEYMANOV Elkhan, Azerbaijan, EPP/CD
TIMCHENKO Vyacheslav, Russian Federation, EDG
TOSHEV Latchezar, Bulgaria, EPP/CD
VAREIKIS Egidijus, Lithuania, EPP/CD
(1) EPP/CD: Group of the European People’s Party
SOC: Socialist Group
ALDE: Alliance of Liberals and Democrats for Europe
EDG: European Democrat Group
UEL: Group of the Unified European Left
NR: Representatives not belonging to a Political Group
From Gregor Puppinck, PhD, director of the European Centre for Law and Justice.
On June 27th, the Parliamentary Assembly of the Council of Europe (PACE Strasbourg) will discuss a draft resolution and recommendation entitled « Tackling discrimination on the grounds of sexual orientation and gender identity » (Doc. 13223) submitted by the socialist Norwegian deputy Håkon Haugli. This document is primarily intended to reinforce the prevention and repression of social hostility towards homosexuality (homophobia) in order to change mentalities, policies and legislation.
The day before, on June 26th, Mr. Luca Volontè and the ECLJ (European Centre for Law and Justice) organized in this same Assembly a public hearing on the « Manif pour Tous » with special attendance by Ludovine de la Rochère, Béatrice Bourges and representatives of the “Vigils.” During this hearing, guests will have the opportunity to present the message of this social movement after which the repression of this movement will discussed. The ECLJ will release a report compiled of more than one hundred detailed testimonies of police abuses. This hearing will be held before interested MP and before the public from 1 to 2 p.m. (information and registration at info@eclj.org before June 24).
In addition, on the evening of Wednesday June, 26, in Strasbourg, the movement of the “Vigil” is organizing a major European vigil open to everyone, with special attendance by Ludovine de la Rochère, Béatrice Bourges, Luca Volontè and other MPs from various European countries who will demonstrate their commitment. They seek to reconnect with the inspiration of the founders of the Council of Europe meditating on, among others texts, the preamble to the Statute of the Council of Europe in which European States declared “their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy”.
* * *
The Parliamentary Assembly of the Council of Europe is composed of representatives of the national parliaments of the 47 member States of the Council of Europe (including a French delegation). One of its functions is the adoption of resolutions and political recommendations for the States. The Council of Europe has set the promotion of “LGBT” rights as a political priority. It has adopted a text of reference in this matter (PACE Resolution 1728/2010 and Recommendation 2010/05 of the Committee of Ministers) and created in its bosom an « LGBT Unit » whose mission is to ensure, promote and supervise the implementation of these resolutions and recommendations.
While the texts previously adopted by the Council of Europe promoted equal rights, the draft Resolution and Recommendation to be discussed on June 27th focuses on social equality. A major change of mentality must occur in order for the tackling of discrimination on the grounds of sexual orientation and gender identity. The array of resources recommended are vast: beginning with the recommendation of public figures to participate in gay pride, to the strengthening of the repression of homophobic speeches and acts, through the organization of “public campaigns on equality and diversity” and finally to the training of State officials in this policy. Echoing the policy of the current French government in tackling gender stereotypes in schools, the text invites States to support and initiate projects of “prevention” of homophobia and transphobia by “address[ing] to and involving students, teachers and school staff.”
Regarding “homophobic speech,” the draft resolution requests that it be called “hate speech” and punished more harshly as such, while also recognizing that “there is no universally accepted definition of the expression “hate speech” (§ 61). This creates uncertainty in regards to the limitations of freedom of expression which this concept could itself justify (similar to the concept of Islamophobia).
More specifically, the text of Håkon Haugli forcibly condemns and calls for a « repeal » of the Russian laws on the “propaganda of homosexuality amongst minors” and similar laws adopted or under discussion in the Ukraine and Moldova. These laws prohibit “propaganda of same-sex relationships aimed at children,” that is to say the promotion, including through the media, of “propaganda of homosexuality, lesbianism, bisexualism and transgenderness amongst minors.” Mr. Haugli can build on the Commission of Venice, a body of expertise from the Council of Europe, which rendered on June 18, 2013 an opinion that, after an analysis of these laws, condemned their application and requested their repeal (Opinion 707/2012 – CDL-AD (2013) 022). This opinion, noting that homosexuality is a sexual orientation protected on the same terms as heterosexuality which stresses in particular that of “‘public morality” [i.e.] the values and traditions including religion of the majority and ‘protection of minors’” that are invoked by Russia, can not justify these laws (§ 78). According to this opinion, the only acceptable prohibition is limited to sexually explicit and obscene contents, regardless of sexual orientation.
If, on the one hand, the report lamented “a worrying setback” of LGBT rights in Eastern Europe, it congratulated on the other a “significant progress” in other countries where there exists “the recognition or strengthening of rights for LGBTs in the areas of adoption, civil partnership and marriage, and the introduction of stronger measures against homophobic and transphobic speech and violence.”(Para. 95) In fact, this cultural divide is increasing in proportion as the West becomes more libertarian and Eastern Europe tries on the contrary to reconstruct itself culturally. The Council of Europe is one of the first victims of this cultural divide because, as rooted in Western Europe, it is no longer able to bring about unity amongst its 47 member states regarding these social issues. Increasingly, it oscillates between paralysis and the struggle for power. Where as the spirit of consensus long ruled, as in the Committee of Ministers and in the European Court of Human Rights, division and confrontation are now present, extending between radically divergent positions. Russian law on the protection of minors serves as an example of this hostile spirit in that it is the exact opposite of the French policy against gender stereotypes in schools.
This East-West divide, replicated itself in a second cultural division within every country in the West. The French social movement born around the « Manif pour Tous, » by its size and politico-cultural dimension, indicate that France has not completely acquired a libertarian mentality. Because of its size, it fits inline with recent major social movements (colored revolutions, Arab Spring, Spanish and Greek Indignados) but with a message of cultural overhaul rather than revolution. The role of European institutions and of the drafted resolution must be understood in this context of cultural conflict. Håkon Haugli in his report illustrates this cultural conflict, stating that “[i]n Ukraine, adopting a comprehensive anti-discrimination law [thus including non-discrimination based on sexual orientation] is part of the conditions that the European Union has set for the conclusion of an association agreement.”
Because the “LGBT issue” specifically targets the definition of individual freedom more specifically in the link between nature and culture, it has become a symbol of a profound cultural conflict permanently dividing Europe. Far from the ideal of the founding fathers of the Council of Europe, the European “spiritual and moral values” are again in crisis and are overshadowed by the power struggle.
The European Centre for Law and Justice is an international, Non-Governmental Organization dedicated to the promotion and protection of human rights in Europe and worldwide. The ECLJ holds special Consultative Status before the United Nations/ECOSOC since 2007.
The ECLJ engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation. The ECLJ advocates in particular the protection of religious freedoms and the dignity of the person with the European Court of Human Rights and the other mechanisms afforded by the United Nations, the Council of Europe, the European Parliament, the Organization for Security and Cooperation in Europe (OSCE), and others.
The ECLJ bases its action on “the spiritual and moral values which are the common heritage of European peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy” (Preamble of the Statute of the Council of Europe).
European Centre for Law and Justice
4, Quai Koch
67000 Strasbourg, France
Phone: + 33 (0)3 88 24 94 40
Fax: + 33 (0)3 88 24 94 47
http://www.eclj.org
[1] The law opening marriage for same sex couples was often presented as being “the marriage for everybody” (mariage pour tous). Therefore the social movement against this law baptised itself “demonstration for everybody,” in French: Manif pour Tous.”
Rapporteur : Mr Luca VOLONTÈ, Italy, EPP/CD
Origin: Reference to committee: Reference 3921 of 30 November 2012. Reporting Committee: Committee on Culture, Science, Education and Media. See Doc. 13156. Opinion approved by the Committee on 22 April 2013.2013 – Second part-session
June 19, « Nicolas », 22, the first protester of the anti-gay-marriage law was sentenced to two months in prison for an imaginary rebellion.
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Human Rights in Europe 