Wolfgang Benedek (born 14 February 1951 in Knittelfeld, Styria) is an Austrian jurist and author.
Benedek is an emeritus university professor of public international law. He was head of the Institute for International Law and International Relations at the University of Graz from 2003 to 2016 and is co-founder of the ETC Graz (European Training and Research Center for Human Rights and Democracy) and the European Training and Research Center for Human Rights and Democracy at the University of Graz (UNI-ETC) and long-time chairman of WUS Austria. [1] He is married and father of two children.
After studying law and social and economic sciences with a focus on economics, Benedek took up a position as a contract or university assistant at the Institute for International Law and International Relations at the Faculty of Law of the University of Graz in 1974. In 1988 he habilitated at the University of Graz under Konrad Ginther on "The Legal Order of the GATT from the Perspective of International Law" and received the venia for International Law and the Law of International Organizations.
Since 2002, he has been a university professor at the Institute of International Law, of which he was the head from 2003 to 2016. [2] [3] He also teaches at the Diplomatic Academy of Vienna, the European Master's Program in Human Rights and Democracy in Venice, and the Regional European Master's Program in Human Rights and Democracy in Sarajevo.
In addition to his research on international development and international economic law, Benedek has published on international and regional human rights protection, refugee and asylum law, and the concept of human security. The study of the relationship between digital spaces and human rights has been another of Benedek's research focuses since the early 2010s. [4] In this context, Benedek was involved in the drafting of the Charter of Human Rights and Principles for the Internet [5] (version 1.1, August 2014), among other projects. From 2019 to 2021, he led an interdisciplinary research project on online hate speech. [6]
Furthermore, Benedek acts as initiator and leader of important non-university institutions, with a focus on Southeastern Europe: As chairman of World University Service (WUS) Austria, Benedek developed extensive aid and cooperation activities for the benefit of universities, especially in Bosnia and Herzegovina, Montenegro, Kosovo and Serbia since 1992. With his support, a number of university human rights centers were founded in this region, which were subsequently linked to form a network of a total of nine centers with the help of an EU project. The European Training and Research Center for Human Rights and Democracy (ETC) in Graz, which was established on his initiative in 1999 and which he headed until 2010, was responsible for the coordination of this network, which includes a large number of training and research activities in the field of human rights. For his activities in the field of university cooperation with Southeastern Europe, he received, among others, honorary citizenship of the city of Sarajevo as well as honorary doctorates from the universities of Pristina and Sarajevo. [7]
Benedek also contributed to the development of institutional cooperation in the African region and led international educational and cooperation projects. From 1993 to 1999 he directed the postgraduate course on "Human Rights of Women" in Stadtschlaining and in Kampala, Uganda. Within the framework of APPEAR (Austrian Partnership for Higher Education and Research in Development Project) and AAPHRE (Advanced Academic Partnership on Legal and Human Rights Education) cooperations were established between the Institute for International Law and International Relations of the Faculty of Law of the University of Graz, the School of Law and Federalism of the Ethiopian Civil Service University and the Human Rights Center of Addis Ababa University. [8]
As a consultant or expert, he has worked for the African Commission on Human and Peoples' Rights in Banjul, Gambia, for UNITAR in New York, for the UN Human Rights Center in Geneva, for the European Community in Brussels, for UNESCO in Paris, and for the Council of Europe in Strasbourg. As an expert, he supported the city of Graz with regard to its declaration as Human Rights City in 2001. He is a member of the Human Rights Advisory Council of the city of Graz and served as its chairperson from 2007 to 2011. [9]
In 2018, the OSCE appointed Benedek as rapporteur for Chechnya under the Moscow Mechanism. In his report, Benedek found serious human rights violations against sexual minorities and human rights activists. [10] In September 2020, the OSCE reappointed Benedek as rapporteur to investigate widespread allegations of a deteriorating human rights situation and possible election fraud in Belarus. He subsequently submitted his investigative report to the OSCE Permanent Council in Vienna on 5 November 2020, in which he identified extensive human rights violations and declared the elections to be neither transparent nor fair. Finally, in accordance with his mandate, he formulated more than 80 recommendations directed primarily at Belarus, but also at the OSCE and the international community. [11] [12] By the resolution of Austrian President Alexander Van der Bellen of 9 November 2020, he was reappointed as a member of the Permanent Court of Arbitration in The Hague. [13]
Benedek has repeatedly been critical of the restrictive refugee and asylum policies of European states in letters to the editor and interviews. [14] [15]
The Council of Europe is an international organisation with the goal of upholding human rights, democracy and the rule of law in Europe. Founded in 1949, it brings together 46 member states with a population of approximately 675 million as of 2023; it operates with an annual budget of approximately 500 million euros.
The Organization for Security and Co-operation in Europe (OSCE) is a regional security-oriented intergovernmental organization comprising member states in Europe, North America, and Asia. Its mandate includes issues such as arms control, the promotion of human rights, freedom of the press, and free and fair elections. It employs around 3,460 people, mostly in its field operations but also in its secretariat in Vienna, Austria, and its institutions. It has observer status at the United Nations.
Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access.
Manfred Nowak is an Austrian human rights expert, who served as the United Nations Special Rapporteur on Torture from 2004 to 2010. He is Secretary General of the Global Campus of Human Rights in Venice, Italy, Professor of International Human Rights, and Scientific Director of the Vienna Master of Arts in Applied Human Rights at the University of Applied Arts in Vienna. He is also co-founder and former Director of the Ludwig Boltzmann Institute of Human Rights and a former judge at the Human Rights Chamber for Bosnia and Herzegovina. In 2016, he was appointed Independent Expert leading the United Nations Global Study on Children Deprived of Liberty.
Felix Ermacora was a leading human rights expert of Austria and a member of the Austrian People's Party.
The Office for Democratic Institutions and Human Rights (ODIHR) is the principal institution of the Organization for Security and Cooperation in Europe (OSCE) dealing with the "human dimension" of security. The Office, originally established in 1991 under the 1990 Paris Charter as the Office for Free Elections, is still best known for its role in observing elections although its name changed in 1992 to reflect the broadening of its role by the Helsinki Summit.
Gertrude Lübbe-Wolff is a German academic and senior judge. She served as a justice of the second senate of the Bundesverfassungsgericht from 2002 to 2014, having succeeded Jutta Limbach in this position.
The Ludwig Boltzmann Institute of Human Rights is a Vienna-based research institute affiliated with the Austrian Ludwig Boltzmann Gesellschaft, that specializes in the area of human rights.
Fabrizio Marrella, born in Venice, Italy, is Professor of International Law and of International Business Law at the University of Venice. In 2008, he was appointed as the E.MA Programme Director at the European Inter-University Centre for Human Rights and Democratisation (EIUC) where he was a member of the Board of Directors.
Andrew Drzemczewski is the former head of the Legal Affairs and Human Rights Department of the Parliamentary Assembly of the Council of Europe, Strasbourg, France.; visiting professor, School of Law, Middlesex University London since 2016.
Florence Benoît-Rohmer is a French jurist, specializing in European Law and Human Rights, and currently a Professor of Public Law at the University of Strasbourg.
Anja Mihr is a German political scientist and human rights researcher. She works in the areas of Transitology, Transitional Justice, Cyber Justice, Climate Justice, Governance and Human Rights Regimes. She has taught in universities in Germany, the United States, Italy, China and the Netherlands and at the OSCE Academy in Bishkek, Kyrgyzstan. Her main work focuses on human rights, governance, and transitional justice, looking at the interlinkage between institutions, and organizations and the way human rights realization can be leveraged.
The Ministry of Justice and Home Affairs is the sole organ of national security in Mongolia. The primary force is responsible for maintaining law and order and preventing crime throughout the country is the National Police Agency, created in 1965 and headquartered in the capital Ulaanbaatar. Interpol has an office within the Mongolian Police.
Christian Strohal is an Austrian diplomat. He was formerly the director of the Office for Democratic Institutions and Human Rights from 2003 to 2008.
Communist Party of Germany v. the Federal Republic of Germany was a 1957 European Commission of Human Rights decision which upheld the dissolution of the Communist Party of Germany by the Federal Constitutional Court a year earlier.
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society ... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restrictions on Articles 8–11 have been described as "vast limitations", in contrast to American law which recognizes nearly unlimited right to freedom of speech under the First Amendment.
Dame Audrey Francis Glover,, is a British international lawyer, experienced election observer, former director of Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights (1994-1997).
Jean Allain is a legal scholar, author, professor at Monash University and from 2017 to 2021 had a concurrent position at the University of Hull; since 2008 has been extraordinary professor at the University of Pretoria, and from 2015 to 2019 special advisor to Anti-Slavery International. He is known for his pioneering work on modern slavery.
The Vienna Mechanism and the Moscow Mechanism are a linked pair of agreements on confidence and security-building measures on human rights established in 1989, 1990 and 1991 by the members states of the Conference on Security and Co-operation in Europe (CSCE), which later became the Organization for Security and Co-operation in Europe (OSCE). The Vienna Mechanism establishes procedures for raising and responding to participating states' requests on human rights issues, while the Moscow Mechanism adds procedures for independent "missions of experts" and "missions of rapporteurs" to visit and report on human rights issues.
Bernhard Knoll is a professor of International Relations who is interested in the Organization for Security and Co-operation in Europe (OSCE) and its activities, and was a member of the United Nations Interim Administration Mission in Kosovo (UNMIK).