The OSCE, created as a security organization, does not deal exclusively with issues of military security, disarmament or border issues but, based on a broad concept of security, it deals equally with human rights. The founding document of the Organization for Security and Cooperation in Europe (OSCE) was the Helsinki Final Act, 1975. The Helsinki Final Act acknowledges as one of its 10 guiding principles the “respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief”. This constitutes a milestone in the history of human rights protection. and has been reinforced by numerous follow-up documents. It is therefore now well established and beyond question, and no government can claim they have to establish political or economic security before addressing human rights and democracy.

Since then  the OSCE has created a set of human rights norms and standards which are generally reflective of traditional human rights norms and concepts as enshrined in other human rights treaties and declarations. However, building on these, the OSCE has also developed a number of standards that are highly innovative in terms of style and substance.

Their basis can be found in the Helsinki Final Act, but subsequent documents such as the 1990 Copenhagen Document and the 1990 Charter of Paris for a New Europe have added other important foundations that are needed to understand

the OSCE human dimension as it exists today. In OSCE terminology, the term ”human dimension” is used to describe the set of norms and activities related to human rights and democracy. It also indicates that the OSCE norms in this field cover a wider area than traditional human rights law. Among the innovations adopted in recent documents is, for example, the acknowledgement of trafficking in human beings, previously treated most often in an organized crime context, as a human rights concern (Vienna Ministerial Council 2000).

Since its beginnings, the OSCE has followed a “process” approach. OSCE commitments generally take the form of documents adopted by consensus at OSCE Summits or Ministerial meetings. The OSCE process is essentially a political process which does not create legally binding norms and principles, and its human dimension commitments are politically rather than legally binding. Thus,  OSCE commitments and documents cannot be enforced in a court of law.  OSCE commitments are more than a simple declaration of will or good intention, but a political promise to comply with these standards.

Once consensus among the States has been achieved, decisions enter into force immediately and, in principle, are binding upon all OSCE States (the so-called universality principle).This allows the OSCE to react quickly to new needs.

A fundamental aspect of the human dimension within the OSCE is that human rights and pluralistic democracy are not considered an exclusively internal affair of a state, but are of direct and legitimate concern to all participating States (Moscow Document, 1991).

The OSCE human rights framework exists for the benefit of all persons 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 has created a set of procedures, conferences and institutions which help to monitor and assist with the implementation of OSCE human dimension commitments. No court or other body legitimated to hear and decide upon individual petitions exist. OSCE calls upon participating States to subscribe to judicial quasi-judicial international mechanisms which already exist and to abide by standards set by other international organizations.

Monitoring of the implementation of Human Dimension commitments to be invoked on an ad hoc basis by any individual OSCE participating State through the so-called “human dimension mechanism”, the “Vienna mechanism” (a  set of procedures through which an OSCE State raises questions relating to the human dimension in another OSCE State) and the “Moscow mechanism” (provides for the additional possibility to establish ad hoc missions of independent experts to assist in the resolution of a specific human dimension issue - this includes the right to investigate alleged violations of human dimension commitments, in exceptional circumstances even without the consent of the accused State).

The OSCE Office for Democratic Institutions and Human Rights (ODIHR), based in Warsaw, is the principal institution of the OSCE responsible for the human dimension. The ODIHR promotes democratic elections through a cycle of in-depth observations of elections and assistance projects aimed at improving the framework for elections. It provides technical support in consolidating democratic institutions and the respect for human rights as well as strengthening civil society and the rule of law through targeted projects. Other fields of activities include fighting trafficking in human beings, promoting gender equality, and projects on migration and freedom of movement, freedom of religion and preventing torture. The ODIHR also serves as the OSCE Contact Point for Roma and Sinti Issues.

The OSCE High Commissioner on National Minorities, established in The Hague in 1992, is tasked to identify - and seek early resolution of - ethnic tensions that might endanger peace, stability or friendly relations between OSCE participating States. Operating independently of all parties involved, the High Commissioner conducts onsite missions and engages in preventive diplomacy, by  promoting dialogue and cooperation.

The OSCE Representative on Freedom of the Media assists participating States in furthering free, independent and pluralistic media as one of the basic elements of a functioning pluralistic democracy. The Representative, whose office is in Vienna, observes media developments in all participating States and advocates and promotes compliance with relevant OSCE  principles and commitments.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.