victim. Box 4.1 highlights some of the key features of effective remedies for violations of
human rights contained in the 1990 Copenhagen Document.
Where no remedy, or an insufficiently effective one, is provided at the national level, recourse may be had to individual complaint mechanisms at the international level. OSCE
human rights commitments do not themselves provide for an individual complaint
mechanism, but complaints mechanisms are available under various UN and regional human rights treaties to which OSCE participating States are parties. These are discussed in
Chapter 5.
OSCE participating States have agreed that any limitations on human rights must be provided for by law and must be consistent with other international obligations (Copenhagen
1990). Any restrictions on human rights should be exceptional, applied consistently, and
should be applied strictly proportionately with regard to the aim of the law. In this, the
commitments are structured in a manner similar to international human rights treaties.
2. OSCE Monitoring and Implementation Mechanisms
OSCE participating States have consistently reaffirmed that, since the protection of human rights is a pillar of the international order, recognition of human rights is not the
internal preserve of individual states; rather, states are accountable to their citizens and to
each other for implementation of their commitments. In Moscow in 1991, the participating
States affirmed categorically and irrevocably that matters within the human dimension of
the OSCE were of “direct and legitimate concern to all participating States”.
In addition to regular implementation meetings, the OSCE has also created so-called human dimension mechanisms, the Vienna Mechanism16 and the Moscow Mechanism,17 the
latter partly constituting a further elaboration of the Vienna Mechanism. Together, they
set out a process for supervising the implementation of human dimension commitments to
be invoked on an ad hoc basis by OSCE participating States. The Vienna Mechanism allows
a participating State, through a set of procedures, to raise questions relating to the human
dimension in another OSCE participating State. The Moscow Mechanism builds on this
and provides for the additional possibility of establishing ad hoc missions of independent
experts to assist in the resolution of a specific human dimension problem. This includes the
right to investigate alleged violations of human dimension commitments, in exceptional
circumstances even without the consent of the accused state.
In practice, the human dimension mechanisms are only rarely applied, partly due to the
development of the OSCE into a permanently functioning organization and partly due
to the political considerations involved in invoking such ad hoc mechanisms.18 Various
bodies exist at the OSCE level to monitor implementation of human dimension commitments, including the OSCE’s Office for Democratic Institutions and Human Rights and
the OSCE’s Representative on Freedom of the Media. Participating States are ultimately
responsible for implementation of commitments, however, and also engage in peer review
on implementation of commitments in their fellow participating States.
16 As established in Vienna in 1989, see Concluding Document of the Vienna Meeting (Third Follow-up Meeting to the Helsinki Conference).
17 1991 Moscow Document, paras. 1-16, amended by the 1993 Rome Document (Chapter IV, para. 5).
18 ODIHR continues to maintain a list of experts as required by the Moscow Mechanism.
27
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents