"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 2010
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.


Taking part in democracy - Lesson plans for upper secondary level on democratic citizenship and human rights education (2010) EDC/HRE Volume IV:
Edition: 2010
Format: Paperback
Author: Rolf Gollob, Peter Krapf, Wiltrud Weidinger (editors
ISBN: 978-92-871-6833-7
Publishers: Council of Europe
Price: E19
Publication Date: 2010
 
Publisher's Title Information

This is a manual for teachers in Education for Democratic Citizenship (EDC) and Human Rights Education (HRE), EDC/HRE textbook editors and curriculum developers. Nine teaching units of approximately four lessons each focus on key concepts of EDC/HRE. The lesson plans give step-by-step instructions and include student handouts and background information for teachers. In this way, the manual is suitable for trainees or beginners in the teaching profession and teachers who are receiving in-service teacher training in EDC/HRE. Experienced teachers may draw on the ideas arid materials. The complete manual provides a full school year's curriculum for students in upper secondary school (grades 10 to 12), but as each unit is also complete in itself, the manual allows great flexibility of use.
 
The objective of EDC/HRE is the active citizen who is willing arid able to participate in the democratic community. Therefore, EDC/HRE strongly emphasises action arid task-based learning. This manual for upper secondary level focuses on key competences that enable young people to participate in democratic decision making and to meet the challenges of a dynamic pluralist society. Key concepts of EDC/HRE are taught as tools of lifelong learning.

Contents

Introduction
1.What does this manual offer? - A brief outline
2.What is EDC/HRE? - The three dimensions of EDC/HRE
2.1 The cognitive dimension of EDC/HRE: learning about democracy and human rights
2.2The participative dimension of EDC/HRE: learning for democracy and human rights
2.3The cultural dimension of EDC/HRE: learning through democracy and human rights
3.The conceptual framework of this manual - the three "Cs" in EDC/HRE (Challenges, Constructivism, Competencies)
4.The "European approach" to EDC/HRE
Key to the symbols used in the text
Interactive constructivist learning in EDC/HRE
1.Key questions on didactics in EDC/HRE
2.An example of interactive constructivist learning - young pupils imagine their ideal world
3. Every person learns differently "We create the world in our minds"
4. Constructivist learning and social interaction
5. What is the teacher's role in processes of constructivist learning?
6.What is the teacher's role in EDC/HRE?
6.1 The teacher as lecturer and instructor - to support and enrich construction
6.2The teacher as critic and corrector - to support deconstruction
6.3The teacher as creator and provider of application tasks - to support reconstruction
6.4The teacher as chair in plenary sessions - to support all forms of constructivist learning
7.Democracies as communities of learners - a constructivist approach to the key concepts in EDC/HRE
Part 1 -Taking part in the community
Unit 1: Identity. Making choices. We shape our lives, and other people's too
Unit 2: Responsibility. Taking part, taking responsibility. Liberty carries responsibilities
Unit 3: Diversity and pluralism. Consent through dissent? How do we agree on the common good?
Part 2 - Taking part in politics: settling conflict, solving problems
Unit 4: Conflict. The fishing conflict. How can we solve the sustainability dilemma?
Unit 5: Rules and law. What rules serve us best? A decision-making game
Unit 6: Government and politics. The policy cycle model. How does a democratic community solve its problems?
Unit 7: Equality. Majority rule - a fair rule? How can we settle the majority/minority issue
in democracy?
Part 3 - Taking part in politics: participation through communication
Unit 8: Liberty. Debating in public. Why doesn't freedom (of speech) work without strict rules?
Unit 9: The media. Taking part in democracy through the media. The producers and users of media as gatekeepers and agenda setters
Manual for students with student handouts


Growing up in democracy - Lesson plans for primary level on democratic citizenship and human rights (2010) EDC/HRE Volume II:
Edition: 2010
Format: Paperback
Author: Rolf Gollob, Peter Krapf, Wiltrud Weidinger (editors)
ISBN: 978-92-871-6728-6
Publishers: Council of Europe
Price: € 29 / US$ 58
Publication Date: 2010
 
Publisher's Title information

Growing up in democracy is addressed to teachers who want to integrate Education for Democratic Citizenship (EDC) and Human Rights Education (HRE) in their daily subject teaching. Nine teaching units of approximately four lesson plans each give step-by-step instructions and include student handouts and background information for teachers. The complete manual provides a full school year's curriculum for students in primary school (grades 4 to 6), but as each unit is also complete in itself the manual allows great flexibility in use. It is therefore also suitable for textbook editors, curriculum developers, teacher trainers, student teachers and beginning teachers.
 
The objective of EDC/HRE is to teach children to become active citizens who are willing and able to participate in the democratic community. Therefore, EDC/HRE strongly emphasise action and task-based learning. The school community is conceived as a sphere of authentic experience where young people can learn how to participate in democratic decision making and may take responsibility at an early age. Key concepts for EDC/HRE are taught as tools of life-long learning.

Contents

Introduction
The conceptual framework of this manual
1. Basic principles of EDC/HRE
2. Three dimensions of competence
3. Key concepts as the core of the nine units
UNIT 1: Identity - Me in my community
UNIT 2: Diversity and pluralism - At home in Europe
UNIT 3: Equality - Minorities and majorities
UNIT 4: Conflict - Rules help to solve conflicts
UNIT 5: Rules and law - The basis of living together
UNIT 6: Power and authority - I am the boss! Am I?
UNIT 7: Responsibility - I go eco ... my school takes part!
UNIT 8: Rights and freedom - My rights - your rights
UNIT 9: Media - Media in use: I would if I could
Manual for students
I. Handouts for students (integrated booklet)
II. Toolbox for students (integrated booklet)
Illustration: The puzzle of the nine key concepts


The Council of Europe and human rights - An introduction to the European Convention on Human Rights (2010)
Edition: 2010
Format: Paperback
Author: Martyn Bond
ISBN: 978-92-871-6836-8
Publishers: Council of Europe
Price: € 6 / US$ 12
Publication Date: 2010
 

Publisher's Title Information

Just what are your human rights, and how does the Council of Europe protect them? This small book tells the story simply and clearly, making a complicated issue straightforward. It offers examples illustrating each right in the European Convention on Human Rights, and short explanations placing the European Court of Human Rights in the wider context of other Council of Europe activities that also promote the same ideals. As informed citizens of Europe, we all need to be aware of human rights and of the importance of maintaining and promoting them. Europe has a good story to tell about human rights and this book tells it.


The Council of Europe (2010)
Edition: 2010
Format: Paperback
Author: Aline Royer
ISBN: 978-92-871-6745-3
Publishers: Council of Europe
Price: € 6 / US$ 12
Publication Date: 2010
Publisher's Title Information

The Council of Europe is the oldest of European institutions. Under the banner of human rights and democracy, it brings together 47 member states, ranging from Finland to Turkey and from Switzerland to Russia. Its Parliamentary Assembly represents over 800 million Europeans and its conventions for the protection of social and fundamental rights are among the most successful in the world. However, this organisation receives little recognition and is still frequently confused with the European Union. Building upon the momentum created during the celebrations of the Council of Europe's 60th anniversary, this publication offers an opportunity to rediscover its history, activities and achievements.

Contents

Background
Origins
Europe on the way
The Council Status and structure
The Committee of Ministers
The Parliamentary Assembly
The Congress of Local and Regional Authorities
Towards "greater Europe"
And the future?
Human rights Europe
The European Convention on Human Rights
System in crisis
Preventing torture
The Commissioner for Human Rights
Down with the death penalty
No to racism and intolerance
Fighting cybercrime
Bioethics
Guaranteeing social rights
Rule-of-law Europe
Upholding values
Monitoring commitments
The Venice Commission
Democratic Europe
Observing elections
Democracy and civil society
The European Cultural Convention
Education without frontiers
Sport
Other activities
Partial agreements
Eurimages and the European Audiovisual Observatory
The European Pharmacopoeia
More details
Map of the Council of Europe member states
Symbols and days
Glossary
Bibliography
Index


Blasphemy, insult and hatred - Finding answers in a democratic society (Science and Technique of democracy No.47) (2010)
Edition: 1st
Format: Paperback
Author: Venice Commission
ISBN: 978-92-871-6678-4
Publishers: Council of Europe
Price: € 39 / US$ 78
Publication Date: 2010
 
Publisher's Title Information

Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideas calls for a new ethic of responsible intercultural relations, in Europe and in the world.
 
This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.

Contents

Foreword
I.Report by the Venice Commission
The relationship between freedom of expression and freedom of religion: the issue of regulation and prosecution of blasphemy, religious insult and incitement to religious hatred
1.Introduction
2. Applicable international standards
3.National legislation on blasphemy, religious insults and inciting religious hatred
4. General remarks
5. Conclusions
II. Council of Europe texts on respect for others' culture and beliefs
 
European Commission against Racism and Intolerance: General Policy Recommendation No. 7 on National legislation to combat racism and racial discrimination (adopted on 13 December 2002)
Parliamentary Assembly of the Council of Europe: Resolution 1510 (2006) Freedom of expression and respect for religious beliefs
Parliamentary Assembly of the Council of Europe: Recommendation 1 805 (2007) Blasphemy, religious insults and hate speech against persons on grounds of their religion
III. Excerpts from reports presented at the international round-table conference on Art and Sacred Beliefs: from Collision to Co-existence
 
1. Art and Sacred Beliefs: from Collision to Co-existence
2. Art and religious beliefs: the limits of liberalism
3. An ethics of responsibility for artists
4. Art can legitimately offend
5.Whose responsibility? The case of Iran
6. The intersection between freedom of expression and freedom of belief: the position of the United Nations
7.Blasphemy in the Greek Orthodox legal tradition
8.Blasphemy and justice in a Greek Orthodox context
9. Conflicts between fundamental rights: contrasting views on Articles 9 and 10 of the European Convention on Human Rights
10.Reshaping religion and religious criticism in ultramodernity
11.Conclusions
IV. Appendices to the Report by the Venice Commission
 
Appendix I: Collection of European national laws on blasphemy, religious insult and incitement to religious hatred
Summary table
Albania
Andorra
Armenia
Austria
Azerbaijan
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Moldova
Monaco
Montenegro
The Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
"The former Yugoslav Republic of Macedonia"
Turkey
Ukraine
United Kingdom
 
Appendix II: Analysis of domestic laws on blasphemy, religious insult and inciting religious hatred, on the basis of replies to a questionnaire
Questionnaire
Albania
Austria
Belgium
Denmark
France
Greece
Ireland
The Netherlands
Poland
Romania
Turkey
United Kingdom

Foreword

Today's Europe is a large space where opportunities for intercultural exchanges multiply and the potential for cultural enrichment develops constantly, even as we strive to consolidate our common values. Will we take these chances? Or will we retreat into our traditional identities, out of fear of assimilation? Will diversity really become the asset we claim it is, or will it engender xenophobia and ignorance? Will intolerance and violence give way to acceptance and open-mindedness?

The Council of Europe's European Commission for Democracy through Law ("the Venice Commission") reflected on these matters when dealing with a request from the Parliamentary Assembly to look into the the regulation and prosecution of blasphemy, religious insult and incitement to hatred.

The Venice Commission thus brainstormed with intellectuals, politicians and the civil society. In its report on freedom of expression and freedom of religion, it strove to propose a new ethic of responsible intercultural relations an attitude that starts by acknowledging that it is not always others who are the intolerant ones: each and every one of us is often intolerant too.

Section I of this publication is that Report of the Venice Commission, on "The relationship between freedom of expression and freedom of religion: the issue of regulation and prosecution of blasphemy, religious insult and incitement to religious hatred", which was adopted by the Venice Commission at its 76th Plenary Session (17-18 October 2008).

Section ii contains three documents from the Council of Europe: General Policy Recommendation No. 7 of the European Commission Against Racism and Intolerance (ECRI) on national legislation -to combat racism and racial discrimination, from 2002, which sets out the fundamental principles which inspired the Venice Commission's report; Resolution 1510 of the Parliamentary Assembly on freedom of expression and respect for religious beliefs, from 2006; and the Assembly's Recommendation 1805 on blasphemy, religious insults and hate speech against persons on grounds of their religion, from 2007.

Section III has some interesting reports that were presented at the international round table conference on Art and Sacred Beliefs: from Collision to Co-existence, which the Venice Commission organised in Athens on 31 January and 1 February 2008, in cooperation with the Hellenic League of Human Rights.

Finally, Section IV consists of the two appendices to the Report of the Venice Commission. Appendix 1 collects together European national laws on blasphemy, religious insult and incitement to religious hatred; Appendix 2 analyses domestic laws on blasphemy, religious insult and inciting religious hatred in various countries, on the basis of replies to a questionnaire.

Taken together, these documents help Europe to face the dilemma of getting strong opinions to live with genuine tolerance. They show how we can live with other people's beliefs without sacrificing our own.

Simona Granate Menghini



Judicial Review - A Comparative analysis inside the EU Legal System
Edition: 1st
Format: Paperback
Author: Edited by S Galera
ISBN: 978-92-871-6723-1
Publishers: Council of Europe
Price:
€ 39 / US$ 78
Publication Date: 2010
 
Publisher's Title Information
 

The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterised by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls.
 
This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law.
 
The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe.

Contents

Foreword
Part I - Preliminary
1. Law as a limit to power - The origins of the rule of law in the European legal tradition
1.1. Power and law
1.2. A first step: the appearance of written law
1.3. The law of God as a limit to power
1.4. lusnaturalism and the first secular justifications of political power and law
1.5. Law versus power: feudalism and the origins of the laissez-faire state model
1.6. The social question and its constitutional response: the total state
1.7. The contemporary reappearance of the social pact
1.8. The European reception of the constitutional rule-of-law model
2. European constitutionalism after the Second World War
2.1. Periods of constitutional development
2.2. European constitutionalism
2.3. The dynamics of European constitutional law
2.4. Constitutionalism and legal culture
Part II - The European legal tradition
3. National legal tradition - Czech Republic
3.1. The constitutional framework
3.2. Government and public administration
3.3. Judicial review of government and administration
4. National legal tradition - France
4.1. The constitutional framework
4.2. Government and public administration
4.3. Judicial review of government and administration
5. National legal tradition - Hungary
5.1. The constitutional system
5.2. Treaty law injustice and judicial review
5.3. Access to justice and the Constitutional Court
5.4. Rights to legal remedy and the Constitutional Court
5.5. Decisions on European law and its status
5.6. Conclusions
6. National legal tradition - Romania
6.1. The constitutional framework
6.2. Government and public administration
6.3. Judicial review of government and administration
7. National legal tradition - Spain
7.1. The constitutional framework
7.2. Government and public administration
7.3. Judicial review of government and administration
8. National legal tradition - Sweden
8.1. The constitutional framework
8.2. Government and public administration
8.3. Judicial review of government and administration
9. National legal tradition - United Kingdom
9.1. The constitutional framework
9.2. Government and public administration
9.3. Judicial review of government and administration
10. European regional tradition - The Council of Europe
10.1. The constitutional framework
10.2. Government and public administration
10.3. Judicial review of government and administration
Part III - The European Union legal order
11. The EU's first pillar - Constitutional basis
11.1. The constitutional framework
11.2. Government and public administration
11.3. Judicial review of government and administration
12. The EU's second pillar - Foreign and security policy
12.1. The test of equivalent protection
12.2. The constitutional framework
12.3. Organs of government in the framework of the CFSP
12.4. The legal instruments of the CFSP
12.5. The scope of judicial review
13. The EU's third pillar - Police and judicial co-operation in criminal matters
13.1. The constitutional framework
13.2. Organs of government of the third pillar
13.3. Legal instruments of the EU's third pillar
13.4. The third pillar's limited system of judicial review
Part IV - The European legal system: a complex legal order
14. European legal tradition and the EU legal system: understandings and premises about the rule of law's requirements
14.1. European legal tradition
14.2. Fundamental rights: defence and due process
14.3. The judicial review: access and scope
14.4. Judicial independence
15. The European contribution to an emerging global law
Appendix
Council of Europe - Recommendation Rec(2004)20 of the Committee of Ministers to member states on judicial review of administrative acts


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

"Internet Law Book Reviews, Copyright Rob Jerrard 2010