PART II
Commitments Related to Structural Components of a Democratic Society
93
(5.19) - everyone will be presumed innocent until proved guilty according to law;
(5.20) - considering the important contribution of international instruments in the field
of human rights to the rule of law at a national level, the participating States reaffirm that
they will consider acceding to the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and other relevant international instruments, if they have not yet done so.
(5.21) - in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States
will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional
Protocol to the International Covenant on Civil and Political Rights, which provide for procedures of individual recourse to international bodies.
(…)
(12) The participating States, wishing to ensure greater transparency in the implementation
of the commitments undertaken in the Vienna Concluding Document under the heading of
the human dimension of the CSCE, decide to accept as a confidence building measure the
presence of observers sent by participating States and representatives of non-governmental
organizations and other interested persons at proceedings before courts as provided for in national legislation and international law; it is understood that proceedings may only be held in
camera in the circumstances prescribed by law and consistent with obligations under international law and international commitments.
(…)
(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.
Moscow 1991
(18.1) Legislation will be formulated and adopted as the result of an open process reflecting
the will of the people, either directly or through their elected representatives.
(…)
(27) The participating States
(27.1) - express their intention to co-operate in the field of constitutional, administrative,
commercial, civil and social welfare laws and their relevant areas, in order to develop, particularly in States where they do not yet exist, legal systems based on respect for human rights,
the rule of law and democracy;
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