Category Archives: Fundamental Rights within the European Union

The European Union (EU) attaches great importance internally to respect for human rights. Its human rights principles are set out in the Treaty on European Union and the Charter of Fundamental Rights. Based on initiatives and programmes such as Daphne and PROGRESS, the Union’s action focuses on combating discrimination, racism and xenophobia and on protecting vulnerable groups, such as children, women and minorities. The European Fundamental Rights Agency monitors respect for the Union’s core values. In particular, it provides assistance and expertise to Member States and the Union bodies implementing EU law on fundamental rights.

Green Paper on criminal proceedings

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Green Paper on criminal proceedings

Outline of the Community (European Union) legislation about Green Paper on criminal proceedings

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Fundamental rights within the European Union

Green Paper on criminal proceedings

To facilitate the application of the principle of mutual recognition, the European Commission is presenting this Green Paper on common minimum standards for procedural safeguards for persons suspected or accused of, and prosecuted or sentenced for, criminal offences. There are five fundamental rights: the right to legal assistance and representation; the right to an interpreter or translator; the right of vulnerable groups to proper protection; the right of nationals of other Member States and of third countries to consular assistance; and the right to a “Letter of Rights”.

Document or Iniciative

Commission Green Paper Procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union.

Summary

With a view to facilitating application of the principle of mutual recognition, this Commission Green Paper examines whether it is appropriate and necessary to introduce in the Member States of the EU common minimum standards for procedural safeguards for persons suspected or accused of, and prosecuted or sentenced for, criminal offences. It defines these minimum standards and the areas in which they will be applicable.

The Green Paper, which is divided into nine chapters, contains 35 specific questions submitted for consultation to all the sectors concerned (government departments, professional bodies and institutions, non-governmental organisations (NGOs), legal practitioners and private individuals).

The first three chapters, which make up a third of the Green Paper, explain why the Commission is taking action at the European level to safeguard the rights of persons suspected or accused of, and prosecuted or sentenced for, criminal offences, with particular attention being paid to suspects and defendants in criminal proceedings in Member States of which they are not nationals. These three chapters are devoted to (a) the reasons for action by the Union in this area; (b) identifying fundamental rights (called “basic rights” in this document); and (c) obligations under international conventions and existing provisions.

Fundamental rights stemming from the right to a fair trial

The Commission draws up a list of basic provisions compliance with which calls for EU action: Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which lays down the “right to a fair trial”; Article 47 of the Charter of Fundamental Rights, which refers to the “right to an effective remedy and to a fair trial”; and various other international treaty provisions.

Regarding the identification of fundamental rights, which dovetail with the concept of “right to a fair trial”, the Commission comes to the conclusion that, although they are all important, priority should be given at this stage to those rights which are considered essential, namely:

  • the right to legal advice and assistance (representation) provided by a lawyer;
  • the right to an interpreter and to translation of essential documents;
  • the right for persons accused of an offence to obtain written information about their fundamental rights in a language they understand, which may take the form of a “Letter of Rights”;
  • the right of vulnerable persons to proper protection;
  • the right to consular assistance.

Each of these rights is the subject of a chapter in the Green Paper.

Right to legal assistance and representation

The Commission is considering the possibility of going beyond the right to assistance by a lawyer by requiring Member States to establish a national scheme of legal representation by a lawyer. More than that, it is even considering the possibility of requiring Member States to verify the level of competence of lawyers assigned by courts and to guarantee them an adequate remuneration.

Right to an interpreter and/or translator

The Green Paper envisages the possibility of creating a formal mechanism whereby those responsible for the judicial investigation must ascertain whether the suspect/defendant understands the language of the proceedings sufficiently to defend himself. A further possibility put up for consideration is the setting up of national registers of legal translators and interpreters and of national schemes for training such professionals, coupled with an obligation on Member States to verify that they are adequately remunerated.

Protection of vulnerable groups

The Commission analyses a list of groups of potentially vulnerable suspects to whom Member States should provide a proper degree of protection which matches their level of vulnerability. The groups singled out by the Commission for special mention include foreign nationals, children, the physically or mentally ill, those with dependants, persons who cannot read or write, refugees, alcoholics and drug addicts.

The Green Paper also raises the possibility of requiring police officers, lawyers and prison officers to make an assessment of a suspect/defendant’s potential vulnerability at certain stages in criminal proceedings, and proposes steps that might be taken to follow up the assessment.

Consular assistance

The provisions governing this matter are those set out in Article 36 of the 1963 Vienna Convention on Consular Relations. With a view to improving on them, the Commission suggests that Member States might be required to ensure that there is an official with responsibility for looking after the rights of suspects and defendants in criminal proceedings in the host State, including acting as a liaison person with their families and lawyers.

Letter of rights

After setting out the rights that a defendant must be granted, the Green Paper refers to the need to draw up a “Letter of Rights”, common to all Member States, putting down in writing the basic rights of any suspect or defendant, who would be given it at the latest at the time of his or her arrest.

Compliance with and monitoring of the common standards

Lastly, the Green Paper points to the need to set up a system making it possible to evaluate the level of compliance by all Member States with these minimum standards, to create tools for evaluation, and to provide for sanctions in the event of failure by a Member State to comply with the standards.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Commission Green Paper COM(2003) 75 final – – –

Related Acts

Proposal for a Council framework decision on certain procedural rights in criminal proceedings throughout the European Union [COM(2004) 328 final – Not published in the Official Journal].

Following publication of the Green Paper, the Commission received 78 written replies supporting the idea of setting common minimum standards for procedural safeguards. A hearing was held in June 2003. On 28 April 2004, the Commission presented a proposal for a framework decision. This proposal is concerned with access by suspects and defendants to legal advice; access by foreign defendants to the services of an interpreter or translator; the protection of persons incapable of understanding or following the proceedings; the right of detainees to communicate, inter alia with consular authorities in the case of foreign suspects; the “Letter of Rights”; and evaluation and monitoring.
Consultation procedure (CNS 2004/0113)

Proposal for a Council framework decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters [COM(2003) 688 final – Not published in the Official Journal].
Consultation procedure(CNS 2003/0270)

Respect for and promotion of the values of the Union

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Respect for and promotion of the values of the Union

Outline of the Community (European Union) legislation about Respect for and promotion of the values of the Union

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Human rights > Fundamental rights within the European Union

Respect for and promotion of the values of the Union

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 15 October 2003 on Article 7 of the Treaty on European Union: Respect for and promotion of values on which the Union is based [COM(2003) 606 final – Not published in the Official Journal].

Summary

Respect for human dignity and human rights, liberty, democracy, equality and the rule of law are the common values, enshrined in Article 2 of the Treaty on European Union, on which the European Union (EU) is based.

Respect for these principles is a condition of membership of the Union, and Article 7 of the Treaty on European Union (TEU) and Article 354 of the Treaty on the Functioning of the EU (TFEU) equip the institutions with the means of ensuring that all Member States respect these values. Article 7 of the TEU therefore establishes a prevention mechanism in the event of a risk of a breach of these common values by a Member State, and a penalty mechanism in the event of an actual breach.

Conditions of application

Certain conditions must be met for Article 7 of the TEU to be applied:

  • a ‘clear risk of a serious breach’ of values mentioned in Article 2, for the prevention mechanism. At this level the risk remains within the realm of the potential, although purely contingent risks are excluded. This hypothesis provides the institutions with the means of warning the Member State in question before the risk materialises;
  • a ‘serious and persistent breach’ of values mentioned in Article 2, for the penalty mechanism. In this case the risk has actually materialised. This breach must last some time.

In both cases, the breach must be serious. This criterion can be assessed based on the purpose of the breach (the social class affected for example), and its result (the breach of a single common value is enough to activate the mechanism, but a breach of several values may be evidence of a serious breach).

Article 7 of the TEU is not designed to apply to specific breaches which fall within the jurisdiction of the national, European and international courts, but to breaches which concern a more systematic problem.

Application

Article 7 of the TEU gives the Council and the European Council a discretionary power to determine that there is a breach or a risk of a breach of fundamental freedoms. The Council also has the option of applying penalties, but is not obliged to do so. The powers of the Council and the European Council are subject to democratic control by the European Parliament, which must approve their decisions. The Court of Justice reviews the procedure only.

Prevention

The European Parliament’s annual report on the fundamental rights situation in the EU contributes to the elaboration of an exact diagnosis for the Member States of the Union. Other sources are also available (non-governmental organisations, regional and international case law, international organisations, etc.). Individual complaints sent to the Commission and to Parliament are also sources of information about the public’s concerns in fundamental rights matters.

The Commission also insists on the role of the network of independent experts on fundamental rights and its annual report. The network has since been incorporated into the European Union Agency for Fundamental Rights, set up in 2007, which presents an annual report on the fundamental rights situation in the EU.

In addition, the Commission will henceforth produce an annual report on the application of the Charter of Fundamental Rights of the European Union. The first report was produced for 2010. This monitoring should make it possible to detect situations where there might be breaches of fundamental rights falling within Article 7 of the TEU.

If the Commission were to propose applying Article 7 of the TEU against a Member State, it would establish concertation with the other institutions, especially the European Parliament, and with the Member State concerned at all stages of the procedure. These informal contacts would make it possible to analyse the situation and to gather the opinion of the country concerned.

With a view to the additional exchange of information, the Commission also suggests that contact should be made with the Council of Europe and, in particular, with the Commissioner for Human Rights. For the same purpose, a continuing and regular dialogue with civil society and particularly with the NGOs responsible for protecting and promoting fundamental rights is necessary. Non-Community action is often instrumental in drawing the public’s attention to possible breaches.

Lastly, the Commission considers that it would be worthwhile developing a public awareness and education policy in the fundamental rights field.

Background

The Amsterdam Treaty (1997) introduced a possibility of remedial action by the Union in the event of a serious and persistent breach of common values by a Member State. The Nice Treaty (2001) added a prevention mechanism in the event of a clear risk of a serious breach. A number of amendments to the procedure were introduced subsequently by the Lisbon Treaty (2007).

Related Acts

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 March 2011 – 2010 Report on the Application of the EU Charter of Fundamental Rights [COM(2011) 160 final – Not published in the Official Journal].

Fundamental rights within the European Union

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Fundamental rights within the European Union

Outline of the Community (European Union) legislation about Fundamental rights within the European Union

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Fundamental rights within the European Union

Fundamental rights within the European Union

The European Union (EU) attaches great importance internally to respect for human rights. Its human rights principles are set out in the Treaty on European Union and the Charter of Fundamental Rights. Based on initiatives and programmes such as Daphne and PROGRESS, the Union’s action focuses on combating discrimination, racism and xenophobia and on protecting vulnerable groups, such as children, women and minorities. The European Fundamental Rights Agency monitors respect for the Union’s core values. In particular, it provides assistance and expertise to Member States and the Union bodies implementing EU law on fundamental rights.

GENERAL FUNDAMENTAL RIGHTS FRAMEWORK

  • Charter of Fundamental Rights
  • Putting the Charter of Fundamental Rights into practice
  • Fundamental Rights Agency (FRA)
  • The EU’s 2009 Annual Report on Human Rights
  • Annual Report on Human Rights 2008
  • Action plan on unaccompanied minors (2010-14)
  • Civil Justice specific programme (2007-2013)
  • Combating violence towards children, adolescents and women: Daphne III programme (2007-2013)
  • Action to prevent violence against children, young people and women: the DAPHNE II programme (2004-08)
  • Action to combat violence against children, young persons and women: the Daphne programme
  • Respect for and promotion of the values of the Union
  • The Stockholm Programme
  • Action plan on the Stockholm Programme
  • The Hague Programme: 10 priorities for the next five years

DIGNITY

  • Ban on trade in instruments of torture

FREEDOMS

  • Community Charter of Fundamental Social Rights of Workers

EQUALITY

  • Renewed commitment for non-discrimination and equal opportunities
  • A framework strategy for non-discrimination and equal opportunities for all
  • Equal treatment irrespective of racial or ethnic origin
  • The principle of equal treatment between persons
  • Agenda for the Rights of the Child
  • Towards a Strategy on the Rights of the Child

CITIZENS’ RIGHTS

  • Fundamental rights and citizenship (2007-13)

JUSTICE

  • Recognition of decisions in criminal matters: strengthening mutual trust
  • Green Paper on criminal proceedings
  • Green Paper on mutual recognition of non-custodial pre-trial supervision measures

Action to prevent violence against children, young people and women: the DAPHNE II programme

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Action to prevent violence against children, young people and women: the DAPHNE II programme

Outline of the Community (European Union) legislation about Action to prevent violence against children, young people and women: the DAPHNE II programme

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Human rights > Fundamental rights within the European Union

Action to prevent violence against children, young people and women: the DAPHNE II programme (2004-08)

This programme is the second phase of the Daphne programme. Its aim is to prevent and combat all forms of violence against children, young people and women by taking preventive measures and providing support for victims. It also seeks to assist organisations active in this field and to encourage cooperation between them.

Document or Iniciative

Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk [OJ L 34 of 30.04 2004].

Summary

Thanks to the Daphne programme, the EU provides added value to actions predominantly undertaken by the Member States to prevent violence through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking and the mobilisation of all parties concerned.

Scope

Three target groups have been clearly identified. These are children (up to the age of 18), young people (12-25 years old) and women.

All types of violence and all aspects of this phenomenon are concerned, whether occurring in public or in private. It includes violence in the family, in schools and other educational institutions or in the workplace, commercial sexual exploitation, genital mutilation and human trafficking.

The programme is open to the Member States of the European Union and the European Economic Area (EEA), Turkey, Romania and Bulgaria (subject to certain conditions as regards the last three countries).

Access to the programme

The programme is open to participation by public or private not-for-profit organisations and institutions (local authorities at the relevant level, university departments and research centres) working to prevent and combat violence against children, young people and women, to provide support for victims, to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.

Programme objectives

An annex to Decision 803/2004/EC describes the transnational actions which are eligible for aid. This basically involves the development of networking, exchanges of information and good practice and awareness-raising measures. The Daphne programme covers the following types of action, which form part of the call for proposals for specific co-financed projects (“Call for Proposals I”):

  • identification and exchange of good practice and professional experience;
  • production of surveys, studies and research;
  • field work involving the beneficiaries in project design, implementation and evaluation;
  • creation of sustainable multidisciplinary networks;
  • training and use of educational packages;
  • treatment and support programmes for victims and perpetrators;
  • development and implementation of information and awareness-raising activities for specific target groups;
  • identification and promotion of activities which help to generate respect for persons who are vulnerable to violence and to ensure their well-being and development.

Provision has also been made for additional activities at the Commission’s initiative to fill any gaps in the programme or to complement areas which have not been sufficiently taken into account in the proposals. These activities form part of the call for proposals for the transfer, adaptation and use of the available results (“Call for Proposals II”). Examples include studies, development of indicators and data gathering or other activities to reinforce the knowledge base of the programme.

Eligible projects

To be eligible for funding, projects must involve at least two Member States. “Call for Proposals 1” projects may last 12 or 24 months and financial support from the Community budget may not exceed 80 % of the total cost of the project. “Call for Proposals II” projects must last 12 months and may receive support equivalent to 100 % of the total cost.

Implementation and follow-up

The Commission is responsible for managing and implementing the programme. It must ensure that any results or products funded by the programme are available free of charge and in electronic format. It must also ensure a balanced approach towards the three target groups (children, young people and women). It is assisted in these various tasks by a committee.
The Commission is required to submit a progress report to Parliament, the Council, the Economic and Social Committee and the Committee of the Regions by 1 June 2006 at the latest and a final report on completion of the programme.

Background

Daphne II follows up the Daphne I programme, which expired at the end of 2003. Daphne I was a great success and met a real need in terms of strategies to combat violence. The financial framework for the second phase of the programme (2004-2008) is EUR 50 million, as against EUR 20 million for the first phase. Daphne funds projects which aim to provide support to victims of violence and to prevent their being exposed to violence in future. Projects of this kind should help to raise awareness of the personal and social damage which violence does to victims, families, communities and society at large.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 803/2004/EC 30.04.2004 – OJ L 143 of 30.04.2004.

Combating violence towards children, adolescents and women: Daphne III programme

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Combating violence towards children, adolescents and women: Daphne III programme

Outline of the Community (European Union) legislation about Combating violence towards children, adolescents and women: Daphne III programme

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Human rights > Fundamental rights within the European Union

Combating violence towards children, adolescents and women: Daphne III programme (2007-2013)

Document or Iniciative

Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice.

Summary

The Daphne III programme aims to prevent and combat all forms of violence (physical, sexual and psychological), occurring in the public or the private domain, towards children, young people and women and to protect the victims and groups at risk. It supplements the existing programmes in the Member States and builds on the policies and objectives of the two previous Daphne programmes (Daphne and Daphne II).

The programme budget amounts to EUR 116.85 million for the period 2007-2013.

Scope and access to the programme

The beneficiaries of the programme are children, young people (12 to 25 years old) and women who are, or risk becoming, victims of violence. These categories are considered as victims of violence, including in cases where they witness a near relative being assaulted.

The programme is designed for target groups, such as families, teachers, social workers, police, medical staff, judicial staff, non-governmental organisations (NGOs) and public authorities.

It is open to the Member States of the EU and the European Free Trade Association (EFTA) States that are parties to the European Economic Area (EEA) Agreement, as well as, under certain conditions, to the candidate countries and the countries of the Balkans.

Proposals may be presented by private or public organisations and institutions (local authorities, university departments and research centres) working to prevent and combat violence or to provide support for victims.

Programme objectives

The programme aims in particular to:

  • assist and encourage NGOs and other organisations active in combating violence;
  • set up multidisciplinary networks with a view to strengthening cooperation between NGOs;
  • develop and implement awareness-raising actions targeting specific audiences;
  • disseminate the results obtained under the two previous Daphne programmes;
  • ensure the exchange of information and good practice, for example through study visits and staff exchange;
  • study phenomena related to violence and its impact on victims and society (health-care, social and economic costs);
  • develop support programmes for victims and people at risk and intervention programmes for perpetrators.

Actions supported

With a view to achieving these objectives, the programme supports three types of actions:

  • actions taken by the Commission: research, opinion polls and surveys, collection and dissemination of data, seminars, conferences and experts meetings, development and maintenance of websites, etc.;
  • transnational projects of Community interest involving at least two Member States;
  • support to NGOs or other organisations pursuing an aim of general European interest.

Implementation

Community funding may take the form of:

  • grants (operating grants and grants to actions) on the basis of calls for proposals;
  • public procurement contracts for complementary measures (e.g. expenditure on information and communication, monitoring and evaluation) to cover the purchase of services and goods.

The Commission will adopt an annual work programme setting its priorities and propose an indicative breakdown of the funds to be awarded to grants. It will also publish an annual list of the projects funded under the programme.

Daphne III complements the programmes “Security and Safeguarding Liberties” and ” Solidarity and Management of Migration Flows “, the 7th Research and Development Framework Programme, the programmes ” PROGRESS ” and ” Safer Internet Plus ” and the activities of the European Institute for Gender Equality.

Monitoring and evaluation

The beneficiaries of the funding must present technical and financial reports on the implementation of the actions and a final report within three months of the completion of the action. Supervision and financial control will also be carried out.

The Commission will present an interim evaluation report to Parliament and the Council on the implementation of the projects and their results (not later than 31 March 2011) and an ex-post evaluation report on the implementation and results of the programme (not later than 31 December 2014). In the meantime, it will present a communication on the continuation of the programme not later than 31 May 2012.

Background

The specific programme “Daphne III” forms part of the General Programme “Fundamental Rights and Justice”, which together with the programmes “Solidarity and Management of Migration Flows” and “Security and Safeguarding Liberties”, replaces the instruments under Commission management in the field of justice, freedom and security. These new programmes come under the 2007-2013 financial framework.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision No 779/2007/EC [adoption: Co-decision COD/2005/0037] 4.7.2007 – JO L 173 of 3.7.2007

 

Towards a Strategy on the Rights of the Child

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Towards a Strategy on the Rights of the Child

Outline of the Community (European Union) legislation about Towards a Strategy on the Rights of the Child

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Human rights > Fundamental rights within the European Union

Towards a Strategy on the Rights of the Child

The European Commission proposes a strategy to effectively promote and safeguard the rights of the child in the European Union’s internal and external policies and to support Member States’ efforts in this field.

Document or Iniciative

Commission communication of 4 July 2006 – Towards an EU strategy on the rights of the child [COM(2006) 367 – Not published in the Official Journal].

Summary

Children’s * rights form an integral part of the human rights that the EU is bound to respect under the UN Convention on the Rights of the Child and its Optional Protocols, the Millennium Development Goals and the European Convention on Human Rights and Fundamental Freedoms (ECHR). In addition, the EU explicitly recognised children’s rights in the European Charter of Fundamental Rights.

Children’s rights are still far from being generally respected, and there are still cases of basic childhood needs not being met, such as the right to an adequate diet, basic medical care and education. Moreover, many children are put to forced labour, are victims of human trafficking, or are involved in armed conflicts as child soldiers.

The specific problems found in the EU include social exclusion of Roma children, child trafficking, child pornography on the Internet, and the administering to children of drugs not previously subjected to specific tests.

Building on its long-standing tradition and commitment with regard to human rights in general and children’s rights in particular, the EU has the necessary weight to push children’s rights to the forefront of the international agenda and to encourage specific attention to children’s needs, drawing on Europe’s values of social protection and on the other programmes it is implementing.

In this document, the European Commission proposes a strategy for protecting the rights of the child within the framework of the EU’s internal and external policies. This strategy is based on the following specific objectives:

  • taking advantage of existing policies and instruments;
  • establishing the priorities of future EU action;
  • systematically taking the rights of the child into account in all EU external and internal policies (“mainstreaming”);
  • ensuring efficient coordination and consultation mechanisms;
  • reinforcing competence and expertise on the rights of the child;
  • communicating more effectively on the rights of the child;
  • promoting the rights of the child in the field of external relations.

In order to attain these objectives, this strategy envisages a number of measures, namely:

  • setting up one single six-digit telephone number (beginning with 116) within the EU for child helplines, as well as a number for a hotline dedicated to missing and sexually exploited children;
  • support for the banking sector and credit card companies in combating the use of credit cards when purchasing sexual images of children on the Internet;
  • launching an Action Plan on Children in Development Cooperation;
  • publication of a consultation document with a view to identifying actions to be implemented in the future;
  • setting up a European Forum for the Rights of the Child and an online discussion platform;
  • involving children in the decision-making process;
  • development of a communication strategy on the rights of the child, helping both children and their parents to improve their knowledge of these rights.

The Commission is committed to allocating the resources needed for the measures proposed in this Communication and for future strategy. A progress report will be presented every year.

Key terms used in the act
Child: any person under 18 years of age.

Key terms used in the act
  • Children in the world: 2.2 billion.
  • Children living in developing countries: 86% of the total number. These countries also account for 95% of those who die before reaching the age of five, who do not have access to primary education or who are victims of forced labour or sexual abuse.
  • One third of all children suffer from malnutrition during the first five years of their life. One sixth, mostly girls, don’t go to primary school.
  • Over 10 million children under five die each year from illnesses that could easily be prevented or treated.
  • One billion children have impeded physical, intellectual and/or psychological development.
  • 218 million children are put to forced labour.
  • 1.2 million children are victims of human trafficking.
  • 300 000 children are involved in armed conflicts as child soldiers.
  • Over 200 million children live with a serious disability.
  • 140 million children are orphans.

Related Acts

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 5 February 2008 – A Special Place for Children in EU external action [COM(2008) 55 final – not published in the Official Journal].

8. This communication contributes to establishing an action plan for children in the EU’s external action, based on a holistic approach which takes into account the different facets of the problem and which draws on humanitarian, development, security and human rights policies. It complements the “EU Guidelines for the Promotion and Protection of the Rights of the Child”, adopted by the Council on 10 December 2007, which provide the foundation for EU action to protect and promote the rights of the child in its external policy.

Action to combat violence against children, young persons and women: the Daphne programme

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Action to combat violence against children, young persons and women: the Daphne programme

Outline of the Community (European Union) legislation about Action to combat violence against children, young persons and women: the Daphne programme

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Fundamental rights within the European Union

Action to combat violence against children, young persons and women: the Daphne programme

To contribute towards ensuring a high level of protection of physical and mental health by the protection of children, young persons and women against violence (including violence in the form of sexual exploitation and abuse), by the prevention of violence and by the provision of support for victims of violence in order, in particular, to prevent future exposure to violence. This programme expired in 2003 and has been replaced by the Daphne II programme.

Document or Iniciative

Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women [Official Journal L 34 of 09.02.2000].

Summary

The Decision deals firstly with the concept of violence of which children, young persons and women may be the victims. While describing the serious consequences of these violent acts, the text includes the definition of the term “health” according to the World Health Organisation, namely, a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.

The need for concerted action throughout the world to defend human rights and to eliminate violence has long been recognised at different levels and in different ways.
Several measures have been taken along these lines, such as the Convention of 1979 on the Elimination of All Forms of Discrimination against Women, the Convention of 1989 on the Rights of the Child, the platform for action of the 1995 Beijing Conference, and the 1996 Stockholm Declaration and Agenda for Action at the first World Congress against the Commercial Sexual Exploitation of Children.

The four-year Daphne programme (2000 to 2003) was also designed to provide information on violence against children, young people and women while being a significant complementary aid to existing programmes. Although numerous national projects are fundamental to the success of these initiatives, the added value of the Community dimension is high.

This programme represents very much a beginning of cooperative action by European non-governmental organisations (NGOs) and voluntary organisations in the fight against violence towards children, young people and women. In many cases, they provide services which the public authorities lack the ability or the power to provide. Society will benefit if the expertise and experience of the NGOs and their ideas and programmes are stimulated and disseminated throughout the Community and shared with like-minded organisations in other Member States.

The actions proposed by the NGOs under the programme involved setting up and reinforcing European networks and implementing innovative pilot projects, the results of which are capable of transfer to other Member States and regions, thereby providing added value at European level. The Daphne programme will encourage and stimulate the dissemination of good practices. Here, while leaving a large part to subsidiarity, the European Union intends to play an important role.
Information campaigns were organised to raise the awareness of public opinion of the detrimental personal and social effects of violence on victims, in the family and the community and society.

The aim of action by NGOs was to improve and develop the following areas:

  • exchanges of information, coordination and cooperation (between the NGOs and voluntary organisations in the different Member States and public authorities, including law-enforcement officers and social workers);
  • awareness-raising and exchanges of best practice by means of pilot projects and research programmes.

As part of the pre-accession strategy and in order to encourage respect for human rights, the Daphne programme was open to the applicant countries of Central and Eastern Europe, as well as the European Economic Area (EEA) countries, Cyprus, Malta and Turkey under special provisions.

For the purpose of the implementation of this programme the Commission was assisted by an advisory committee consisting of representatives of each Member State and chaired by the Commission.
In addition the Commission will take the necessary measures to ensure the monitoring and continuous evaluation of the programme. The Commission presented a report to the European Parliament and the Council during the second year of the programme and on its completion.

The budget for the Daphne programme which ran from 1 January 2000 to 31 December 2003 was set at EUR 20 million.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision No 293/2000/EC 9.2.2000 – 31.12.2003 – OJ L 34 of 9.2.2000

Related Acts

Report from the Commission to the European Parliament and the Council on the Daphne Programme (2000-2003) [COM(2002) 169 final – Not published in the Official Journal].
Article 9 of Decision No 293/2000/EC adopting the Daphne Programme (2000-2003) requires the Commission to present a mid-term evaluation report to the European Parliament and to the Council.
The report sets out the state of play regarding the programme and summarises its main achievements. The Commission is pleased with the success of the programme during its first two years in existence. In 2000 and 2001 Daphne funded 73 new projects. This shows that by financing activities combating all forms of violence (such as domestic violence or violence towards women, ethnic minorities and disabled persons) the programme has responded to profound needs within society.

As regards the projects financed by the programme, the evaluation report identifies the following trends:

  • as regards areas of activity, clearly sexual violence in all its forms comes top in terms of the projects financed by the programme. It is followed by gender/family-related violence, internet pornography and violence against children;
  • a majority of projects deal with prevention of and protection against violence, but other important goals such as legislative measures and treatment of victims and offenders are also present;
  • as for the methods used to implement these objectives, the most important is networking, followed by dissemination of good practice, production of materials, awareness-raising and training.

According to the report, organisations have gained much from their participation in European partnerships via the Daphne programme, be it by learning from the substance, by improving coordination and management skills or simply by enhancing their external image. The Daphne programme has successfully continued the mobilisation of the NGO sector at all levels, resulting in many new partnerships and alliances that help to ensure more comprehensive European policies on violence.

In December 2001, at the Second World Congress against the Commercial Sexual Exploitation of Children (Yokohama), the international community acknowledged Daphne as an important instrument in the fight against violence.

Ban on trade in instruments of torture

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Ban on trade in instruments of torture

Outline of the Community (European Union) legislation about Ban on trade in instruments of torture

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Fundamental rights within the European Union

Ban on trade in instruments of torture

Document or Iniciative

Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

Summary

Under this regulation, any export or import of goods that have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment is prohibited. Moreover, authorisation is required for the export of goods that could be used for purposes of torture or other cruel, inhuman or degrading treatment or punishment, irrespective of the origin of such equipment.

The national authorities of European Union (EU) countries that are empowered to take decisions on requests for import or export authorisations should distinguish between goods that have no practical use other than that of carrying out capital punishment or inflicting torture * and other cruel, inhuman or degrading treatment or punishment * and goods that could be used for such purposes. The import or export of the latter could be authorised on the basis of criteria defined in the regulation. The goods covered by this regulation are listed in Annexes II and III. The Commission may amend these lists as soon as new equipment appears on the market.

Competent authorities may exempt from the prohibition to export or import goods that have no practical use other than for the purpose of capital punishment, torture and other cruel, inhuman or degrading treatment or punishment (Annex II), if it is proved that the goods concerned will be used in the country of destination for purposes of public display in a museum, in view of their historical significance.

An export authorisation is required for goods that could be used for purposes of torture or other cruel, inhuman or degrading treatment or punishment, as listed in Annex III. However, no authorisation is required for goods in transit through the Community’s customs territory.

There is no obligation to issue an authorisation for exports of goods listed in Annex III to the territories of EU countries that are not part of the Community customs territory (Annex IV), provided that the goods in question are used by a law enforcement authority. Nor is there any obligation to issue an authorisation for exports of goods listed in Annex III that are to be used by EU countries’ military or civilian personnel in the context of a peacekeeping or EU or UN crisis management operation in the non-EU country concerned or of an operation based on defence-related agreements between EU countries and non-EU countries.

Decisions to grant export authorisations are taken on a case-by-case basis by the competent authority in the EU country where the applicant is based (Annex I). The competent authority does not grant an authorisation if there is good reason to believe that the goods listed in Annex III could be used for purposes of torture or other cruel, inhuman or degrading treatment or punishment by a law-enforcement authority or any legal or natural person in a non-EU country.

An EU country may exempt from these arrangements certain goods listed in Annex III by adopting or maintaining a total ban on the import and export of leg-irons, gang chains and portable electric shock devices.

In order to harmonise the authorisation procedures, export and import authorisations are issued using a form based on the model in Annex V that are valid throughout the EU. The competent authorities may refuse to grant an export authorisation and cancel, suspend, amend or withdraw an authorisation that has already been granted. When completing customs formalities, the exporter or importer submits the form duly completed, as proof that the necessary authorisation has been obtained. If authorisation is not granted, the customs authorities keep the goods declared and draw attention to the option of applying for an authorisation. After six months, if a request for authorisation has not been submitted, the customs authorities may destroy the goods in accordance with national law.

The authorities of EU countries notify all the other EU country authorities and the Commission of decisions rejecting a request for an authorisation and of any decisions rescinding an authorisation that has already been granted. The Commission and EU countries inform each other about measures taken under this regulation and about authorisations that have been granted or rejected.

A public annual activity report is drawn up by EU countries, in cooperation with the Commission if possible.

The Commission is assisted by the committee on the common rules applicable to exports of products set up by Regulation (EEC) No 2603/69. This committee examines all issues relating to the application of this regulation.

The EU countries themselves establish rules on the penalties applicable to violations of the regulation. These rules must be notified to the Commission by 29 August 2006 at the latest.

This regulation applies to the Community’s customs territory, the Spanish territories of Ceuta and Melilla, and the German territory of Helgoland.

Key terms used in the act
  • Torture: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or from a third person information or a confession, punishing that person for an act that either that person or a third person has committed or is suspected of having committed, or intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties.
  • Other cruel, inhuman or degrading treatment or punishment: any act by which significant pain or suffering, whether physical or mental, is inflicted on a person, when such pain or suffering is inflicted either by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. It does not, however, include pain or suffering arising only from, inherent in or incidental to, lawful penalties.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1236/2005

30.7.2006

–

OJ L 200 of 30.7.2005

Successive amendments and corrections to Regulation (EC) No 1236/2005 have been incorporated in the basic text. This consolidated versionis for reference purposes only.

LAST AMENDMENTS OF ANNEXES

Annexes I – List of authorities
Regulation (EU) No 1226/2010 [OJ L 336 of 21.12.2010].

Fundamental rights and citizenship

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Fundamental rights and citizenship

Outline of the Community (European Union) legislation about Fundamental rights and citizenship

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Fundamental rights within the European Union

Fundamental rights and citizenship (2007-13)

Document or Iniciative

Council Decision 2007/252/EC of 19 April 2007 establishing for the period 2007-2013 the specific programme “Fundamental rights and citizenship” as part of the General programme “Fundamental Rights and Justice”.

Summary

This decision establishes the programme “Fundamental rights and citizenship”, which is intended to promote the development of a European society based on respect for fundamental rights. To this end, the programme provides for actions conducted by the European Commission, European Union (EU) countries and non-governmental organisations.

A European society based on respect for fundamental rights

The programme supports the development of a European society based on respect for the fundamental rights recognised in Article 6 of the Treaty on European Union, including the rights resulting from citizenship of the Union. For this purpose, the programme aims to:

  • strengthen civil society and encourage an open, transparent and regular dialogue on fundamental rights;
  • combat racism, xenophobia and anti-Semitism;
  • promote better understanding between religions and cultures;
  • promote increased tolerance in the whole of the EU;
  • strengthen contacts, exchanges of information and networks between the judicial and administrative authorities and the legal professions;
  • encourage judicial training in order to improve mutual understanding between the abovementioned authorities and professions.

Furthermore, the specific objectives of the programme are to:

  • promote fundamental rights and inform all citizens about their rights, including those resulting from EU citizenship;
  • encourage EU citizens to participate actively in the democratic life of the Union;
  • examine respect for fundamental rights in the EU and its countries when Union law is implemented;
  • support non-governmental organisations and other bodies of civil society so that they can actively promote fundamental rights, the rule of law and democracy;
  • create the relevant structures to promote inter-faith and multicultural dialogue at EU level.

Specific actions to achieve the objectives of the programme

The programme provides for actions conducted by the Commission, the authorities of EU countries and non-governmental organisations. It also provides for grants following requests for proposals.

The types of actions comprise the following:

  • specific actions conducted by the Commission (studies and research work, polls and investigations, conferences and meetings of experts, organising actions and public events, creating and running websites, developing and distributing information media, etc.);
  • transnational projects of EU interest presented by an authority or a body of an EU country or an international or non-governmental organisation. At least two EU countries or at least one EU country and a candidate country or an acceding country must participate in these projects;
  • support for non-governmental organisations or other bodies pursuing objectives of general European interest that are covered by the programme;
  • operating subsidies for the joint financing of the expenses connected with the permanent working programme of the Conference of the European Constitutional Courts and of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union. These bodies manage a number of databases that gather together national decisions relating to the implementation of Union law. The expenses must be incurred for an objective of general European interest.

A programme for citizens

The programme is addressed to EU nationals and nationals of non-EU countries who are lawfully resident within the territory of the Union. It is also addressed to citizens of the participating countries (acceding countries, candidate countries and the countries of the Western Balkans participating in the stabilisation and association process). Other target groups are organisations of civil society and other groups that defend the objectives of the programme.

Provided that they are established in the EU or in one of the non-EU countries participating in the programme, access to the programme is open to the following entities:

  • public or private institutions and bodies;
  • universities;
  • research institutes;
  • non-governmental organisations;
  • national, regional or local authorities;
  • international organisations;
  • other non-profit-making organisations.

The programme makes possible joint activities with competent international organisations in the field of fundamental rights, such as the Council of Europe.

Monitoring and implementing the programme

Every year, the Commission publishes a list of the actions financed under this programme. The available budgetary resources are entered annually in the general budget of the EU. The available annual credits are authorised by the budgetary authority (the European Parliament and the Council of the European Union) within the limits of the financial framework.

The Commission shall ensure that the beneficiary presents technical and financial reports on the state of progress of the work in respect of any action financed by the programme, as well as a final report within three months of the end of the action. Furthermore, the Commission ensures that the EU’s financial interests are protected by applying preventive measures against fraud, corruption and any other illegal activity.

The Commission will present an annual stocktaking of the implementation of the programme, an intermediate report assessing the results obtained (by 31 March 2011 at the latest), a communication on the continuation of the programme (by 30 August 2012 at the latest) and an assessment report after the programme finishes (by 31 December 2014 at the latest).

Complementarity with other EU programmes

This programme seeks to complement and establish synergies with other EU programmes, in particular the framework programmes “Security and Safeguarding Liberties” and “Solidarity and Management of Migration Flows”, as well as with the PROGRESS programme.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2007/252/EC

28.4.2007

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OJ L 110 of 27.4.2007