[bestbits] [governance] Remarks at UNESCO Closing Ceremony of "Connecting the Dots Conference"

[Norbert Bollow]

On Mon, 9 Mar 2015 12:12:42 +0100
"Benedek, Wolfgang (wolfgang.benedek at uni-graz.at)"
<wolfgang.benedek at uni-graz.at> wrote:

> on the issue of democracy in international instruments like the UDHR
> and the ICCPR, it should be noted that democracy is neither used in
> Article 21 of the Universal Declaration nor in Article 25 of the
> ICCPR, which speak of participation in government of one's country,
> periodic elections etc

Yes, indeed. Where the principle of democracy is referred to in
relation to governments, in those texts the word "democracy" is not
used, but instead a very very central aspect of makes a society and its
government democratic is spelled out explicitly.

> The limitation clause in Article 29 UDHR
> states that rights can be restricted for the sake of the general
> welfare in a democratic society. As the UDHR is not a binding
> convention there is no authoritative interpretation of this phrase by
> an international human rights body to my knowledge.

Actually the phrase, with some variations (in which the word
"democratic" occurs in a similar construction, and I would say,
certainly with the same meaning) is also in binding human rights
instruments. In particular, here are some references: ICCPR, Art. 14,
Art. 21, Art. 22. ICESCR, Art. 4.

Greetings,
Norbert

> However, in the context of the European Convention on Human Rights,
> the European Court of Human Rights regularly requires a "pressing
> social need" for restrictions which are possible based on the similar
> limitation clause "necessary in a democratic society". More and
> examples in my book with Matthias Kettemann on Freedom of Expression
> and the Internet, Council of Europe 2014.
> 
> Wolfgang Benedek
> 
> 
> 
> 
> 
> 
> Am 09.03.15 11:54 schrieb "Norbert Bollow" unter <nb at bollow.ch>:
> 
> >On Mon, 9 Mar 2015 16:16:17 +0800
> >David Cake <dave at difference.com.au> wrote:
> >
> >> Jeremy claims that if the inclusion of
> >> the term in descriptions of mutti-stakeholder bodies means anything
> >> concrete, it means retaining a special role for government (in,
> >> presumably, all situations, not just those areas like law
> >> enforcement that governments have a special role intrinsically by
> >> law). JNC denies that interpretation - so please, what IS your
> >> interpretation of what the term democratic in the context you
> >> discuss would mean.
> >
> >I hereby assure you that JNC has every intention of publishing a
> >position paper which will address this in some depth. I will post
> >about this when it is available.
> >
> >In the meantime, you and/or others might be interested in reflecting
> >on what is the precise meaning of the word "democratic" in the
> >context of the very interesting way in which this word is used in
> >Article 29 of the Universal Declaration of Human Rights.
> >
> >Greetings,
> >Norbert
> >co-convenor, Just Net Coalition (JNC)
> >http://JustNetCoalition.org
> >
> 
>