6. Limitations and relation to international human rights treaties
OSCE commitments reflect traditional human rights and freedoms, as well as some areas beyond the scope of traditional human rights law. As in other human rights treaties, an
important question is the extent to which rights can be limited. This is important for any
practitioner trying to identify whether or not a specific right has been violated. Some of the
freedoms stipulated by the OSCE contain specific limitation clauses. However, the OSCE
Copenhagen Document stipulates an important general rule for those rights mentioned in
this document: They will not be subject to any restrictions except those provided for by the
law and consistent with other obligations under international law, such as the International
Covenant on Civil and Political Rights. Restrictions must not be applied in an arbitrary manner, and they always have to be understood as exceptions to the general rule that individual
freedom must be respected. Any limitation must be strictly proportionate to the aim of the
law. This proportionality test requires a narrow interpretation, particularly since any interference must be evaluated against the great value of such fundamental freedoms to a free and
open democratic society.
B. Institutions and implementation
1. The responsibility to implement OSCE human dimension commitments
The human rights framework described above exists for the benefit of all people living in the
OSCE area and, indeed, describes human rights and fundamental freedoms as “birth rights
of all individuals”. The first responsibility for guaranteeing these rights lies with the OSCE
participating States. The OSCE human dimension commitments are addressed – in line with
other international human rights treaties – to the participating States. The commitments reinforce this general principle in stressing that the protection and promotion of human rights
and fundamental freedoms is “the first responsibility of government” (Charter of Paris, 1990).
From the beginning, it was clear that formulating standards is not, alone, always sufficient for
the effective implementation of human dimension commitments. International procedures
should play an important complementary function in this regard. Consequently, the OSCE
has created a set of procedures, conferences, and institutions that help to monitor and assist
with the implementation of OSCE human dimension commitments.
Unlike other human rights treaties,* the OSCE has not created a court or other individual petition body to ensure the implementation of OSCE commitments. This reflects the political
character of the OSCE process and the intention not to duplicate existing mechanisms. To
the contrary, the OSCE reinforces these important mechanisms and calls upon participating
States to subscribe to these mechanisms and to abide by standards set by other international
organizations. It is also important to note that the absence of an individual-complaints process does not preclude that individual cases might be brought to the attention of the political
bodies of the OSCE.
* See, for example, the European Convention of Human Rights establishing the European Court of Human Rights, or
the UN International Covenant on Civil and Political Rights establishing the UN Human Rights Committee.
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