The representatives of the participating States of the Conference on Security and Co-operation in Europe (CSCE), Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America and Yugoslavia, met in Copenhagen from 5 to 29 June 1990, in accordance with the provisions relating to the Conference on the Human Dimension of the CSCE contained in the Concluding Document of the Vienna Follow-up Meeting of the CSCE.
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In order to strengthen respect for, and enjoyment of, human rights and fundamental freedoms, to develop human contacts and to resolve issues of a related humanitarian character, the participating States agree on the following:
I
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(5) They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following:
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(5.9) all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground;
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II
(9) The participating States reaffirm that
(9.1) everyone will have the right to freedom
of expression including the right to communication. This right will
include freedom to hold opinions and to receive and impart information
and ideas without interference by public authority and regardless of frontiers.
The exercise of this right may be subject only to such restrictions as
are prescribed by law and are consistent with international standards.
In particular, no limitation will be imposed on access to, and use of,
means of reproducing documents of any kind, while respecting, however,
rights relating to intellectual property, including copyright;
(9.2) everyone will have the right of peaceful
assembly and demonstration. Any restrictions which may be placed
on the exercise of these rights will be prescribed by law and consistent
with international standards;
(9.3) the right of association will be guaranteed.
The right to form and -- subject to the general right of a trade union
to determine its own membership -- freely to join a trade union will be
guaranteed. These rights will exclude any prior control. Freedom
of association for workers, including the freedom to strike, will be guaranteed,
subject to limitations prescribed by law and consistent with international
standards;
(9.4) everyone will have the right to freedom
of thought, conscience and religion. This right includes freedom to change
one’s religion or belief and freedom to manifest one’s religion or belief,
either alone or in community with others, in public or in private, through
worship, teaching, practice and observance. The exercise of these rights
may be subject only to such restrictions as are prescribed by law and are
consistent with international standards;
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(18) The participating States
(18.1) note that the United Nations Commission
on Human Rights has recognized the right of everyone to have conscientious
objections to military service;
(18.2) note recent measures taken by a number
of participating States to permit exemption from compulsory military service
on the basis of conscientious objections;
(18.3) note the activities of several non-governmental
organizations on the question of conscientious objections to compulsory
military service;
(18.4) agree to consider introducing, where
this has not yet been done, various forms of alternative service, which
are compatible with the reasons for conscientious objection, such forms
of alternative service being in principle of a non-combatant or civilian
nature, in the public interest and of a non-punitive nature;
(18.5) will make available to the public information
on this issue;
(18.6) will keep under consideration, within
the framework of the Conference on the Human Dimension, the relevant questions
related to the exemption from compulsory military service, where it exists,
of individuals on the basis of conscientious objections to armed service,
and will exchange information on these questions.
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(24) The participating States will ensure that
the exercise of all the human rights and fundamental freedoms set out above
will not be subject to any restrictions except those which are provided
by law and are consistent with their obligations under international law,
in particular the International Covenant on Civil and Political Rights,
and with their international commitments, in particular the Universal Declaration
of Human Rights. These restrictions have the character of exceptions. The
participating States will ensure that these restrictions are not abused
and are not applied in an arbitrary manner, but in such a way that the
effective exercise of these rights is ensured.
Any restriction on rights and freedoms must, in a democratic society,
relate to one of the objectives of the applicable law and be strictly proportionate
to the aim of that law.
(25) The participating States confirm that any
derogations from obligations relating to human rights and fundamental freedoms
during a state of public emergency must remain strictly within the limits
provided for by international law, in particular the relevant international
instruments by which they are bound, especially with respect to rights
from which there can be no derogation. They also reaffirm that
(25.1) measures derogating from such obligations
must be taken in strict conformity with the procedural requirements laid
down in those instruments;
(25.2) the imposition of a state of public
emergency must be proclaimed officially, publicly, and in accordance with
the provisions laid down by law;
(25.3) measures derogating from obligations
will be limited to the extent strictly required by the exigencies of the
situation;
(25.4) such measures will not discriminate
solely on the grounds of race, colour, sex, language, religion, social
origin or of belonging to a minority.
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IV
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(40) The participating States clearly and unequivocally
condemn totalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia
and discrimination against anyone as well as persecution on religious and
ideological grounds. In this context, they also recognize the particular
problems of Roma (gypsies).
They declare their firm intention to intensify the efforts to
combat these phenomena in all their forms and therefore will
(40.1) take effective measures, including the
adoption, in conformity with their constitutional systems and their international
obligations, of such laws as may be necessary, to provide protection against
any acts that constitute incitement to violence against persons or groups
based on national, racial, ethnic or religious discrimination, hostility
or hatred, including anti-Semitism;
(40.2) commit themselves to take appropriate
and proportionate measures to protect persons or groups who may be subject
to threats or acts of discrimination, hostility or violence as a result
of their racial, ethnic, cultural, linguistic or religious identity, and
to protect their property;
(40.3) take effective measures, in conformity
with their constitutional systems, at the national, regional and local
levels to promote understanding and tolerance, particularly in the fields
of education, culture and information;
(40.4) endeavour to ensure that the objectives
of education include special attention to the problem of racial prejudice
and hatred and to the development of respect for different civilizations
and cultures;
(40.5) recognize the right of the individual
to effective remedies and endeavour to recognize, in conformity with national
legislation, the right of interested persons and groups to initiate and
support complaints against acts of discrimination, including racist and
xenophobic acts;
(40.6) consider adhering, if they have not
yet done so, to the international instruments which address the problem
of discrimination and ensure full compliance with the obligations therein,
including those relating to the submission of periodic reports;
(40.7) consider, also, accepting those international
mechanisms which allow States and individuals to bring communications relating
to discrimination before international bodies.