1.1 The cognitive dimension of EDC/HRE: learning “about” democracy and human rights
Living Democracy » Textbooks » 1.1 The cognitive dimension of EDC/HRE: learning “about” democracy and human rightsEDC/HRE at secondary level requires students to study key documents such as the UDHR and the Convention. To summarise the example given above, they need to know that every person enjoys the right of free thought and expression, and free access to information through uncensored media, with exceptions possible only for good reason and in limited circumstances (Article 10 of the Convention). The state’s constitution and legal environment should reflect and protect these human rights standards, and can be studied by students from this perspective. In doing so, they can understand how important, indeed indispensable, just this one right is to make democracy come to life.
It is also necessary for students to understand Article 14 of the Convention, which addresses the key principle of equality and non-discrimination: women and men, rich and poor, young and old, nationals and immigrants – we all equally possess these rights. The enjoyment of these rights is an evolving process and one of the agendas of democratic systems of government based on human rights.
Finally, the students need to understand why liberties require a framework of laws and also carry responsibilities (UDHR, Article 29). Freedom of expression allows citizens to promote their interests in a pluralist society, and in such a competitive setting, there will be winners and losers. A constitution, rules and laws must provide a framework that limits the liberties of the strong and protects the weak – without legalising differences. However, rules cannot take care of every problem, so the members of a community must share an attitude of responsibility towards each other.
Human rights is a legal framework but it is also a normative one. This requires students to recognise to what degree human rights principles are actually realised within their school community as well as society at large.
European Convention on Human Rights (4.11.1950)
Article 10
Freedom of expression
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
- The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Universal Declaration of Human Rights (10.12.1948)
Article 29
- Everyone has duties to the community in which alone the free and full development of his personality is possible.
- In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
In short, these three articles outline the tension between individual liberties and the need to balance the rights of individuals through a framework that both limits and protects these liberties.
Students who can explain this have learnt a lot “about” democracy and human rights; this is the cognitive dimension of EDC/HRE.
