Principle VII, paragraph 1 of the Declaration on Principles Guiding Relations between Participating States (Helsinki 1975) states that OSCE States will respect human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. The same principle is reaffirmed in paragraphs 13.7 and 13.8 (Questions relating to Security in Europe) in the Vienna 1989 document, whereas in the Copenhagen 1990 document (paragraphs 5 and 5.9) it is solemnly declared that equal justice is essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings.

In paragraphs 3 and 5 of the Paris, 1990, document (“Human rights, Democracy and Rule of Law”), the participating States affirm that democracy is the best safeguard of (...) tolerance of all groups of society, and equality of opportunity for each person, and that all persons, without any kind of discrimination, must be enabled to enjoy fundamental human rights. Paragraph 7 of the Summit Declaration of Budapest 1994 (paragraph 7) states the sovereign equality and the independence of all States must be fully respected and the human rights and fundamental freedoms of all individuals, regardless of race, color, sex, language, religion, social origin or of belonging to a minority, are vigorously protected.

Respect of human rights and fundamental freedoms, as well as abstention from any form of discrimination are reiterated as a commitment in the Summit Declaration of Istanbul 1999, paragraph 2.

OSCE has also a special attention for equality between women and men, and this fundamental principle is affirmed in the “Questions relating to Security in Europe” enacted in Madrid in 1983 (paragraph 16) and in the Vienna 1989 document (paragraph 15). In the latter, the participating States affirm that they will consider the possibility of acceding to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), if they have not yet done so. The commitment to comply with the CEDAW is reaffirmed in the Moscow 1991 document, where paragraphs 40 to 40.13 are dedicated to the principle of gender equality in several fields of life, including education, training and employment.

Paragraph 23 of the Charter for European Security, Istanbul 1999, affirms that the full and equal exercise by women of their human rights is essential to achieve a more peaceful, prosperous and democratic OSCE area and in the successive one the participating States commit themselves to undertake measures to eliminate all forms of discrimination against women, and to end violence against women, as well as sexual exploitation and all forms of trafficking in human beings.

The fight against aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and ethnic cleansing is mentioned in several OSCE documents which also condemn totalitarianism and persecution on religious and ideological grounds (Copenhagen 1990, paragraphs 40 to 40.7; Paris 1990, “Human dimension”, paragraph 4). In the Summit Declaration, paragraph 12 of the Helsinki 1992 document, the participating States recognize that it is a time of instability and insecurity and consider social tension, aggressive nationalism, intolerance, xenophobia and ethnic conflicts being a threat to stability in the CSCE area and consequently reject racial, ethnic and religious discrimination in any form. In the “Decisions” chapter (chapter VI, paragraphs 30 to 35) they express their concern over manifestations of intolerance, discrimination, aggressive nationalism, xenophobia, anti-Semitism and racism and stress the vital role of tolerance, understanding and cooperation in the achievement and preservation of stable democratic societies. They also will consider adhering to the International Convention on the Elimination of All Forms of Racial Discrimination (for those States which have not already done so) and taking appropriate measures within their constitutional framework and in conformity with their international obligations to ensure to everyone on their territory protection against discrimination on racial, ethnic and religious grounds, as well as to protect all individuals, including foreigners, against acts of violence, including on any of these grounds. These commitments are reaffirmed in the Stockholm 1992 document (“Summary of Conclusions”, paragraph 5 and “Decisions, The CSCE as a Community of Values”, paragraph 5). In the following years the OSCE States had to reaffirm the same principles and commitments in several documents, because of the growing manifestations of aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism and reiterated their commitment to combat the phenomena: Rome 1993 (Chapter X); Budapest 1994 (Decisions, chapter VIII, paragraphs 1, 25 and 26); Lisbon 1996 (Summit Declaration, paragraphs 9 and 10) and Istanbul 1999 (Charter for European Security, paragraphs 19 and 22).

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