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. xix

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