"INTERNET LAW BOOK REVIEWS" - Provided by Rob Jerrard LLB LLM


Books from the Council of Europe Publishing Reviewed in 2010

Livres du Conseil de l'Europe Edition révisée en 2009
The Council of Europe has 47 member states, covering virtually the entire continent of Europe. It seeks to develop common democratic and legal principles based on the European Convention on Human Rights and other reference texts on the protection of individuals. Ever since it was founded in 1949, in the aftermath of the Second World War, the Council of Europe has symbolised reconciliation.

Council of Europe Publishing produces works in all the Organisation's spheres of reference, including human rights, legal science (constitutional law, criminal law, family law, labour law etc.), health, ethics, social affairs, environment, education, culture, sport, youth and architectural heritage.


Le Conseil de l'Europe dispose de 47 états membres, couvrant pratiquement tout le continent de l'Europe. Il vise à développer démocratique commune et les principes juridiques sur la base de la Convention européenne sur les droits humains et autres textes de référence sur la protection des individus. Depuis qu'il a été fondée en 1949, dans le sillage de la Deuxième Guerre mondiale, le Conseil de l'Europe a symbolisé réconciliation.

Conseil de l'Europe produit des ouvres dans toutes les sphères de l'Organisation de référence, y compris les droits de l'homme, la science juridique (droit constitutionnel, droit pénal, droit de la famille, droit du travail etc), la santé, l'éthique, des affaires sociales, environnement, éducation, culture, sport , les jeunes et le patrimoine architectural.

Mosaic: The Training Kit for Euro-Mediterranean Youth Work (2010) T-Kit No. 11
Edition: T Kit 11
Format: Paperback
Author: Council of Europe
ISBN: 978-92-871-6577-0
Publishers: Council of Europe
Price:
Publication Date: 2010
 
Publisher's Title Information
 

In 1998, the Council of Europe and the European Commission decided to take common action in the field of youth. Both institutions initiated a partnership agreement with the aim "to promote active European citizenship and civil society by giving impetus to the training of youth leaders and youth workers working within a European dimension".
 
In 2003, additional agreements were signed in the fields of "youth research" and "Euro-Mediterranean youth co-operation". Since 2005, the partnership between the European Commission and the Council of Europe in the field of Youth activities have been focusing on the following topics: European Citizenship, human rights education and intercultural dialogue, quality and recognition of youth work and training, better understanding and knowledge of youth and youth policy development.
 
The partnership between the Council of Europe and the European Commission in the field of Youth brings together the two institutions' experience in non formal education, youth policy, youth research and youth work practice. The co-operation between the two institutions covers a wide spectrum of activities such as training, seminars, workshops, networking and dialogue design.
 
Results and other material are made available on the partnership website (http://youth-partnership.coe.int) and in various publications, including the Training Kits (T-Kits).
 
T-Kits are thematic publications written by experienced youth trainers and experts and constitute easy to use handbooks for educational activities.
 
All activities and publications enhance the exchange of experience and good practice between the actors involved and contribute to the implementation of the political objectives of both partners.
 

Contents

List of figures and tables
List of abbreviations
Acknowledgements
Preface
1.Introduction
About Mosaic
An intercultural production process 18 A mosaic of themes and activities
The educational approaches in Mosaic
Using and adapting activities from Mosaic 26 A word about terminology
2.Themes
1 The political and institutional context
2 History and memory
3 Intercultural learning
4 Youth participation and active citizenship
5 Human rights and human rights education
6 Gender equality
7 Cultural diversity and minorities
8 Religion and tolerance
9 Peace and conflict
10Environment
3.Activities
1 A family row
2 All that we are
3 Believers
4 Camels go far without water
5 Challenge beauty
6 Did I forget something?
7 Euro-Mediterranean quiz
8 For and against the motion
9 Ideal woman - ideal man
10 Let's cross the sea
11 Look around you
12 Lose yourself
13 Making memories
14 Mapping the globe
1 5 My history
16 Natural beauty
17 Orange blue
18 Our village
19 Paper factory
20 Pass it on
21 Pieces of cake
22 Rebels and freedom fighters
23 Reshaping racism
24 Responsible tourists
25 Selection panel
26 Talking proportions
27 Time line of history
28 Turn it over
29 Where is dignity?
30 Young people's paradise

Preface

For a long time this publication carried the working title of "Mission Impossible". More than just a cinematographic reference, the title reflected quite literally the feeling of many involved in non-formal education activities in the Euro-Mediterranean framework: that it would be impossible to produce and finalise such a T-kit. This feeling was justified by the objective fact that none of the many deadlines set for its production was ever respected and that practically none of the authors originally commissioned to write the T-kit wrote anything.

We could add a few other signs, such as the fact that the T-kit originated within a Euro-Med Youth Partnership and ended within the (single) Youth Partnership, that the structure of the Euro-Med Youth Programme was radically changed when we were at the editing stage, and that the European Union grew from 15 to 27 member states during the production and editing of this T-kit.

The feared or alleged impossibility of the mission was, however, less based on these facts than on the nature, complexity and potential controversy of the task. To research, write and propose educational methodologies that reflect the realities and issues affecting young people in the 47 member states of the Council of Europe and the 10 Meda countries of the Euro-Mediterranean Partnership has simply proved to be much more difficult and complex than ever anticipated. In many ways, this reflects perfectly the status of the co-operation between European and Mediterranean countries: multi-faceted, conditioned by many political, social, cultural and economic factors, influenced by history and memory and, very often, extremely volatile. While we all agree that the richness of diversity is what makes Euro-Mediterranean youth work such an exciting adventure, describing, writing about or writing for this diversity is a completely different challenge.

As writers and editors, the authors of the T-kit could not, for example, escape the traps of ethnocentrism and almost automatic forms of stereotyping and generalisation. How can one avoid generalisation when attempting to summarise such a complex political, social and cultural reality in 15 or 20 pages? Conversely, how can one avoid singling out a particular reality that may be applicable or understood only by a handful of people? Does it matter if an experience occurred in a given town with people from one nationality instead of another? What can and cannot be learnt from those experiences?

We originally planned a final chapter to contain the closing statements and question marks for this T-kit, and for this we dreamed up the title "Mutual perceptions, dreamed realities and confiscated dreams" 'mutual perceptions' because everyday reality in Euro-Mediterranean societies is shaped as much by the mutual perceptions people have of themselves and others as it is by reality itself. Perceptions, as we know, are often the result of years of socialising, learning stereotypes and generalisations, and (it comes as no surprise) may contain prejudicial views about other nations, peoples or communities. Producing this T-kit has the obvious risk of helping to crystallise and therefore legitimise many of these perceptions. It is a risk we have to take, in the same way that we know that not all Euro-Mediterranean projects (whether youth-focused or not) actually achieve all their objectives. Yet that is no reason not to try.

We have tried to involve, as much as possible, writers and contributors from the various cultural, religious and national realities of Europe and the Mediterranean. We took this as a pre-condition, but it is impossible to state that we have succeeded. What should be clear to everyone is that this T-kit is not a sociological or anthropological

work, a history textbook or a political essay. It is a practical collection of starting points, references, reflections and questions that may stimulate the reader/user to embrace the Euro-Mediterranean reality in all its complexity and, we hope, recognize where we have got to, now that the T-Kit is in print: it is impossible to describe and explain any reality in a way that is acceptable and makes sense to everyone, but especially the European and Mediterranean reality of this T-Kit. This should not prevent us, however, from trying to be as objective as possible and from acknowledging the diversity of points of view.

In the Euro-Mediterranean context, mutual perceptions co-exist and are deeply influenced by dreamed realities: the "European dream" for many young people in the Maghreb or the Middle East is full of aspects quite as imaginary as the orientalist views of perceived oriental cultures and societies. We know only too well how constructed realities and representations are stronger than any reality-check: the strength of prejudice resides in its ability to blind us.

Dreamed realities were also an obstacle in a different way: must we stick to the stated philosophy and purpose of co-operation, or should we reflect the reality? In other words, is it more appropriate to emphasise the "Euro-Mediterranean" space of co-existence, mutual co-operation and bound destinies or, instead, address everything that today denies it? Is it acceptable to speak about the possibilities offered by Euro-Mediterranean youth programmes without mentioning the fact that many young people from -Mediterranean" countries will never be able to get a visa for most European countries? What does a commitment to human rights mean? The youth worker engaged in EuroMediterranean activities will always need a wise mix of reality and dream, without which their work is either too idealistic or simply unbearable. But it is important, in any case, to be aware of how much reality there is in a dream and what in reality is the projection of dreams, hopes and expectations.

The reality of many young people in Europe and around the Mediterranean is a reality of precariousness, increasingly longer periods of transition to autonomy alongside insecurity about their future, which obviously translates and reflects the insecurities of their societies. As youth workers, it is our professional duty and ethical obligation to take young people's perspectives and concerns into account. This is what participatory approaches are about and also what makes Euro-Mediterranean youth projects a unique experience for many young people: participation, dialogue, creativity and discovery about oneself and others.

None of this happens miraculously or automatically. It requires, from youth workers and project organisers, the awareness, motivation and competence to put young people first and, consequently, adopt a participant-centred approach. Part of the 'mission possible' of this T-kit is to provide those involved in youth work and training projects with tools to enable the young people they work with to be fully part of their projects. Like a mosaic, this is more than a collection of practical activities, background information and sometimes uncomfortable questions. It is our expectation that it will all make sense once it is put together, practised and experienced. It will then be a real kit for training and, most of all, for learning.

In this expectation, we hope not only to help some of the dreams of young people to come closer to reality but also to make sure that their dreams are not confiscated by the institutional, political or practical priorities of Euro-Mediterranean co-operation. This is a must we owe to ourselves and to all the young people who, to paraphrase Mahmoud Darwich, suffer from the incurable disease called hope.

Rui Gomes


European Rules for Juvenile Offenders Subject to Sanctions or Measures 2009
Format: Paperback
Author: Council of Europe
ISBN: 9789287166203
Publishers: Council of Europe
Price: € 36 / US$ 72
Publication Date: 2009
 
Publisher's Information:
 

This book deals with the rules that are in force in Europe for juvenile offenders. The aim of the rules is to uphold the rights and safety of juvenile offenders subject to sanctions or measures and to promote their physical, mental and social well-being when subject to community sanctions or measures, or any form of deprivation of liberty.
 
It is based on Recommendation Rec(2008)11 of the Committee of Ministers of the Council of Europe on the European Rules for juvenile offenders subject to sanctions or measures, which was adopted on 5 November 2008.
 
The first part of the book contains the text of the recommendation and is followed by a commentary which explains in finer detail the rules and the points raised by the text. The final section provides an analysis of the national replies to a questionnaire related to the treatment of juvenile offenders.
 
This work will be of interest to human rights scholars, researchers and students of law, criminology and international relations.
 
Contents
 
Chapter 1
Recommendation CM/Rec(2008) 11 of the Committee of Ministers to member states on the European rules for juvenile offenders subject to sanctions or measures
Chapter 2
Commentary to the European rules for juvenile offenders subject to sanctions or measures
General
Part I - Basic principles, scope and definitions
A. Basic principles
B. Scope and definitions
Part II - Community sanctions and measures
C. Legal framework
D. Conditions of implementation and consequences of non-compliance
Part III - Deprivation of liberty
E. General part
F.Special part
Part IV - Legal advice and assistance
Part V - Complaints procedures. Inspection and monitoring
G. Complaints procedures
H. Inspection and monitoring
Part VI-Staff
Part VII - Evaluation, research, work with the media and the public
I.Evaluation and research
J.Work with the media and the public
Part VIII - Updating the rules
Appendix
Chapter 3
Summary analysis of the national replies to the questionnaire related to the treatment of juvenile offenders
I.Introduction
II. Participating countries and methodological comments
III. Juvenile offenders in the systems of juvenile justice and welfare
IV. Community sanctions and measures
V. Juveniles deprived of their liberty
VI. Concluding remarks
References


The European Commission against Racism and Intolerance (ECRI) - Its first 15 years (2009)
Edition: 2009
Format: Paperback
Author: Lanna Yael Hollo
ISBN: 978-92-871-6630-2
Publishers: Council of Europe
Price: € 35 / US$ 70
Publication Date: 2009
 
Publisher's Title Information

This book provides a detailed assessment of the first 15 years of the European Commission against Racism and Intolerance. ECRI's terms of reference deriving from the Vienna Plan of Action were to “review member States' legislation, policies and other measures to combat racism, xenophobia, antisemitism and intolerance, and their effectiveness” and “propose further action at local, national and European level”. This book examines how ECRI has developed and fulfilled this mandate.
 
It begins by looking at ECRI's foundational years, which were pivotal to its future character, approach, working methods and activities. It then describes and closely examines the evolution of the three main prongs of ECRI's work programme - country-by-country work, general themes and relations with civil society. Through this assessment, the author reveals the detailed, far-reaching and progressive body of jurisprudence that ECRI has produced - constituting a useful road map for actors seeking to address problems of racism and discrimination. The work also examines ECRI's contribution to legal standards to protect individuals against racism and discrimination and its impact on the case law of the European Court of Human Rights. It concludes with a discussion of ECRI's opinion on three important contemporary issues in European anti-racism work: positive measures, racist expression and the current racist climate.
 

Contents
 
Section One - An introduction to ECRI
Chapter 1 - ECRI - Its foundations, early years and key choices
A.What is ECRI?
B.The five pillars of ECRI
C. Defining the contours of its mandate: interpreting racism and racial discrimination
D.Finding its way - ECRI's early years
E.Consolidating and strengthening
Section Two - The three prongs of ECRI's work programme
Introduction
Chapter 2 - Prong 1: country-by-country work
A. Key principles of ECRI's country-by-country approach
B.Evolution of ECRI's country-by-country work
Chapter 3 - Prong 2: work on general themes
A.General policy recommendations
B. Collecting and disseminating examples of "good practices"
C.Other aspects of ECRI's thematic work
D.Some conclusions
Chapter 4 - Prong 3: relations with civil society
A. Organising national round tables
B.Co-operating with NGOs
C.Holding meetings with specialised bodies
D.Carrying out a media strategy
Section Three - ECRI's contribution to legal standards protecting against racism and discrimination
Chapter 5 - Developing guidelines for comprehensive and effective legislation protecting against racism and racial discrimination
A.GPR 7
B.Policy guidelines on implementation contained in ECRI's third cycle country reports
Chapter 6 - ECRI's impact on the Convention for the Protection of Human Rights and Fundamental Freedoms
A.ECRI's role in establishing Protocol No. 12 to the ECHR
B. ECRI's influence on the jurisprudence of the European Court of Human Rights
Section Four - ECRI's opinions on important contemporary themes
Chapter 7 - Positive action
A.Positive action - An essential tool for bringing about de facto equality
B.What exactly is positive action?
C.Is positive action ever unfair or discriminatory?
D.Creating conditions for the successful implementation of positive action measures
Chapter 8 - Racist expression
A.Setting limits to freedom of expression
B.Effective implementation of legislation prohibiting racist expression
C.Combating racist expression by other means
Chapter 9 - Climate of opinion
A.Climate of open racism
B.The need for an urgent and multi-pronged response
Conclusion
A.Thoughts on future directions for ECRL
B.An urgent action procedure?
C.A commitment to ECRI by authorities
Appendix - ECRI General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination


Janusz Korczak: The Child's Right to Respect - Lectures on today's challenges (2009)
Janusz Korczak: Le droit de l'enfant au respect - Conférences sur les enjeux actuels (2010)
Edition: 2010
Format: Paperback
Author: Janusz Korczak
ISBN: 978-92-871-66753
Publishers: Council of Europe
Price: 19 € / 38 US$
Publication Date: 2009
 
Publisher's Title Information
 

Janusz Korczak, whose original name was Henryk Goldszmit, is seen as the father of the very idea that children also have rights - human rights. His thinking had a profound impact on the drafting of the UN Convention on the Rights of the Child and continue to influence the child-friendly programmes of the Council of Europe.
 
Korczak´s message was about respect for children, respect for their inherent value as human beings but also for their capacity and competence. Though continuously practicing as a medical doctor and assisting in orphanages, he was also a writer. His essay "The Child's Right to Respect" in which he analyses the role of adults and the place of children in society is published in this volume.
 
Korczak's vision about children's rights is still relevant. What can we learn from his ideas when tackling today's problems? Five children's rights activists analysed current problems in the spirit of Korczak.
 
"This book conveys the deeper meaning and importance of the rights of children. Janusz Korczak's conviction that children are 'people of today' and that they are 'entitled to be taken seriously' has even more relevance today. I recommend the study of both the text of Korczak himself and the five innovative lectures about today's challenges".
(Yanghee Lee, Chairperson of the United Nations Committee on the Rights of the Child)
 
"Janusz Korczak is an inspiration for all those dedicated to children's rights. He devoted his life to the promotion of the rights of the child to participation and to protection from violence. His vision remains a foundation for our work, today and in the future”.
(Marta Santos Pais, Special Representative of the UN Secretary-General on Violence Against Children)
 

Contents
 
Foreword
Korczak our teacher on the rights of the child
Janusz Kotczak's legacy
Janusz Korczak - a brief biography
Janusz Korczak's legacy: an inestimable source of inspiration
The Child's Right to Respect
I saw Korczak and the children walking from the Ghetto to their death
The Janusz Korczak lectures
How to protect the child's best interests?
Respect means stopping hitting children today not tomorrow or the day after
Children and prisons: what can we do better?
Children in out-of home care: more prevention, fewer institutions
Children have the right to be heard and adults should listen to their views
 

Also available in French
 
Janusz Korczak, de son vrai nom Henryk Goldszmit, a été l'un des grands initiateurs d'une idée apparemment simple : les enfants aussi ont des droits, des droits humains. Sa pensée, qui a profondément influencé l'élaboration de la Convention des Nations Unies relative aux droits de l'enfant, continue d'inspirer les activités menées par le Conseil de l'Europe en faveur des enfants.
 
Le grand message de Korczak tient en deux mots : les enfants ont droit au respect en tant qu'êtres humains mais aussi pour leurs capacités et leurs compétences. Parmi ses nombreux écrits, ce médecin et directeur d'orphelinats a signé « Le droit de l'enfant au respect », essai qui analyse le rôle des adultes et la place des enfants dans la société, et que nous avons le plaisir de reproduire dans cette publication.
 
Sa vision des droits de l'enfant n'a pas perdu de son actualité ni de sa pertinence. Mais en quoi nous aide-t-elle à aborder les problèmes actuels ? C'est la question à laquelle tentent de répondre ici cinq experts en la matière.
 
« Ce livre exprime bien l'importance et le sens profond de la notion de droit de l'enfant. Pour Janusz Korczak, les enfants sont des personnes à part entière, qui, en tant que telles, doivent être prises au sérieux. Je recommande chaleureusement de lire le texte de Korczak mais aussi les cinq interventions qui apportent un éclairage nouveau sur la question de l'enfant à notre époque ».
Yanghee Lee, Présidente du Comité des droits de l'enfant de l'ONU
 
« Janusz Korczak est une source d'inspiration pour tous les défenseurs des droits de l'enfant. Il a consacré sa vie à promouvoir les droits des enfants à participer aux décisions qui les concernent et à être protégés contre la violence. Son esprit visionnaire reste une source d'inspiration pour notre travail, aujourd'hui aussi bien que demain ».
Marta Santos Pais, Représentante spéciale du Secrétaire général de l'ONU sur la violence à l'encontre des enfants
 
Table des matières
 

Avant-propos
Korczak notre maitre en droits de l'enfant
L'héritage de Janusz Korczak
Janusz Korczak - une brève biographie
L'héritage de Janusz Korczak : une source d'inspiration inestimable
Le droit de l'enfant au respect
J'ai vu Korczak marcher avec les enfants vers leur mort
Les conférences Janusz Korczak
Comment protéger l'intérêt supérieur de l'enfant ?
Respecter les enfants, c'est arrêter de les battre. Aujourd'hui, pas demain ou après-demain.
L'enfant face à la prison : nous pouvons mieux faire
Les enfants hors du foyer familial: plus de prévention et moins d'institutions
Les enfants ont le droit d'être entendus et les adultes le devoir de les écouter


Racism on the Internet (2010)
Edition: 1st
Format: Paperback
Author: Dr Yaman Akdeniz
ISBN: 978-92-871-6634-0
Publishers: Council of Europe
Price: € 29 / US$ 58
Publication Date: 2009
 
Publisher's Title Information
 

Racism was a pressing social problem long before the emergence of the digital age. The advancement of digital communication technologies such as the Internet has, however, added a new dimension to this problem by providing individuals and organisations with modern and powerful means to propagate racism and xenophobia. The use of the Internet as an instrument for the widespread dissemination of racist content is assessed in detail by the author.
 
The problem of racist content on the Internet has naturally prompted vigorous responses from a variety of agents, including governments, supranational and international organisations and from the private sector. This book also provides a detailed critical overview of these regulatory and non-regulatory initiatives.
 

Contents
 
1.Introduction
Quantifying the nature of online hate
The nature of online hate
Evolving nature of online hate and Web 2.0 technologies
Close relationship between racist discourse and racist violence
Seeking solutions
2.Key issues: the global and decentralised nature of the Internet and its impact upon governance
What is so different about the Internet?
States try to regulate but...
Emergence of Internet governance
3.Governance of racist content on the Internet
4.National approaches to Internet governance and its limitations
An overview of significant national regulatory initiatives within the Council of Europe region
Council of Europe member states' laws and compatibility with freedom of expression
An overview of significant national regulatory initiatives outside the Council of Europe region
Significant court cases targeting the distribution of racist content on the Internet
Yahoo! case (France/USA)
Zundel case (Canada/Germany)
Toben case (Australia/Germany)
Conclusion: limitations of national legal systems are evident
5.Pan-European initiatives
Developments at the Council of Europe level
Council of Europe Convention on Cybercrime
Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems
Provisions of the additional protocol
Developments at the European Union level
Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law
The ED Policy on harmful Internet content
Developments at the OSCE level
6.International initiatives through the United Nations
The International Convention on the Elimination of All Forms of Racial Discrimination
UN Policy work with regard to combating racist Internet content
7.Effectiveness of regional and international regulatory efforts
8.Alternatives to state legislation (self- and co-regulatory initiatives)
ISPs and blocking access to illegal content
Notice-based liability for ISPs and takedown procedures
Contrasting approach adopted in the USA
Internet hotlines for reporting illegal content
Self-regulation through code: rating and filtering systems
Filtering software use in Europe
Limited functionality of rating systems
Third-party systems and problems with accountability
Defective filtering systems
Circumvention is possible
Freedom of expression and censorship
Blocking rather than removal
Information, education and awareness campaigns
Conclusion
Appendix I - Council of Europe Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer
systems, ETS No. 189
Appendix II - European Commission against Racism and Intolerance, General Policy Recommendation No. 6: Combating the dissemination of racist, xenophobic and antisemitic material via the Internet, adopted by ECRI on 15 December 2000
Bibliography
LINKS

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