Welcoming speech by President of the Republic Tarja Halonen at the Conference of European Ministers of Justice, 7 April 2005

I am very pleased that Finland has the opportunity to host this Conference of European Ministers of Justice. The topic of the Conference, ‘Social Aspects of Justice’ is a timely and important one. I am convinced that the Council of Europe has much to offer in this area.

The central role job of the Council of Europe, to strengthen human rights, democracy and the rule of law, is vital. It has laid a firm foundation for the rapid progress of European integration. The Council has an unparalleled system of treaties and convention machinery, and in particular the individual application system concerning human rights is unique. I can state from my own experience, both in earlier years and in my present office, that there is genuine interest in the work of the Council of Europe and in cooperating with it.

There are always challenges in the field of human rights. Nations which have just set up the basic structures of parliamentary democracy and rule of law, have a long way to go in strengthening civil society, safeguarding freedom of expression and achieving good governance. Respect for the rule of law and the principles of good governance play a significant role in the building of security. If citizens are confident that the democratic institutions and legal system of society function, then the requirements for stable development exist. Administrative transparency and practices that respect the rights of citizens increase trust in administration.

Constantly increasing cross-border movement of people keeps human rights in political focus in various countries. International agreements should be in place to safeguard the rights of the country of departure, of the country of arrival and of the migrants. This new mobility will create many and new kinds of minorities. We already know from experience that human-rights work is always demanding, but upholding the rights of minorities is particularly difficult. It is a challenge that is inevitable, however. All our Member States will in the future have more languages, more religions and more cultural groups than earlier.

In a functioning democracy, citizens are active members of society. People should respect democracy, human rights and the rule of law. But we should also encourage them to exercise their rights.

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This conference is a timely reminder of the importance of civil rights and political rights, and also of economic, cultural and social rights. All these are necessary for respecting human dignity. Recognition of the social dimensions of societal phenomena and the legal system are important in efforts to prevent and reduce exclusion. Their importance is all the more pronounced in seeking solutions to debt problems and in developing the criminal justice system.

Citizens borrow increasingly to finance purchasing and consumption or, for example, their studies. Such borrowing, however, also creates problems. People may acquire an excessive burden of debt for various reasons and wind up in dire straits financially. The cause of such overindebtedness or of the inability to repay loans may be unemployment or various social and health crises.

Societies in which borrowing is an essential factor — they could be called ‘credit societies’ — must ensure that their citizens can cope with the problems caused by excessive borrowing. Otherwise, the social consequences may be serious both for those grappling with the burden of debt and for society at large. Exclusion is one of the most serious of these consequences. There is an urgent need for preventive and corrective measures with regard to indebtedness, especially among young people.

In reviewing the social functions of the criminal justice system, it is important to extend our view beyond the traditional emphasis on the offender, guilt, and punishment. Crime prevention and the social effects of the criminal justice system such as responsibility for the victims of crime and the reintegration of offenders are priorities. In ‘restorative justice’ of this kind, attention focuses on the victims of crime, on repairing the damage caused by crime and by the control of crime, and on improving the balance between the parties in a criminal process. Implementation of restorative justice requires practical, multi-agency measures. The Council of Europe will play a central role in supporting and developing cooperation programmes through which the principles of restorative justice are promoted within the Member States.

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Strengthening human rights, democracy and the rule of law has promoted stability on our continent. The prevention of conflicts and their aftercare are among the strengths of the Council of Europe. I have earlier stated that if the actions of the Organisation for Security and Cooperation in Europe (OSCE) in crisis situations can be compared to those of a volunteer fire brigade, then the Council of Europe has specialised in the consolidating democratic stability by backing political, legislative and constitutional structures.

Finally, I would like to extend you a warm welcome to Helsinki. I hope that your conference will be a successful and active discussion of the important themes before you.