Tag Archives: European convention on human rights

The EU’s 2009 Annual Report on Human Rights

Leave a reply

The EU’s 2009 Annual Report on Human Rights

Outline of the Community (European Union) legislation about The EU’s 2009 Annual Report on Human Rights

Topics

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

Human rights > Human rights in non-EU countries

The EU’s 2009 Annual Report on Human Rights

Document or Iniciative

Human rights and democracy in the world: report on EU action – July 2008 to December 2009 , Council of the European Union – Brussels, 10 May 2010 [Not published in the Official Journal].

Summary

Human rights and democracy are founding values of the European Union (EU), which is committed to promoting them in its external relations. The aim of this eleventh annual report on human rights and democracy is to present an outline of the actions pursued by the EU in this field between 1 July 2008 and 31 December 2009.

Actions in non-EU countries

The EU has several instruments for implementing its policies on human rights and democracy.

During the eighteen months covered by this report, the EU adapted some of the guidelines on which its policy is based, including the guidelines for the promotion of compliance with international humanitarian law and those on human rights dialogues.

The EU currently holds dialogues focused on human rights with around forty countries. The EU makes respect for human rights an essential element of the agreements concluded with non-EU countries. Under the Cotonou Agreement, it has opened consultations with Fiji, Guinea, Madagascar, Mauritania, Niger and Zimbabwe following violations of human rights and democracy in these countries.

The EU adopted numerous joint actions and common positions. These are legal instruments which define the position to be adopted by the European Union or the means of operational action to be undertaken against human rights violations or in crisis situations. It renewed and extended sanctions against people threatening the peace process in Côte d’Ivoire. Since December 2008, the EU has also conducted a naval operation against piracy off the coast of Somalia (operation EU NAVFOR ATALANTA).

6. In 2008-2009, the EU dedicated EUR 235 million to protecting human rights and democracy, specifically through the European Instrument for Democracy and Human Rights (EIDHR).

Thematic issues

Many issues are at the heart of the EU’s human rights and democracy policy, in particular:

  • the death penalty, which has been abolished in Burundi and in the US state of New Mexico. The EU played a decisive role in the adoption of the UN General Assembly’s Resolution 63/168 in favour of a moratorium on the death penalty;
  • torture and other cruel, inhuman or degrading treatment or punishment. The EU continued to express its concerns in this respect with the non-EU countries concerned. In particular, it intervened in individual cases in Iran, Zimbabwe, China, Bangladesh and Sudan;
  • children and armed conflicts. A process to evaluate the implementation of the EU’s guidelines on children and armed conflicts in priority countries has been initiated;
  • human rights defenders. The EU has reviewed its guidelines in this respect and drawn up implementation strategies for more than sixty countries;
  • the human rights of women. A set of guidelines on violence against women and combating all forms of discrimination against them has been adopted;
  • the International Criminal Court and the fight against impunity. The EU continues to promote the universality and integrity of the Rome Statute in many countries;
  • human rights and terrorism. The EU reaffirmed the need to ensure respect for human rights in counter-terrorism. It welcomed the United States’ decision to close the Guantánamo Bay detention centre;
  • freedom of expression. Particular attention has been paid to the relationship between freedom of expression and new technologies;
  • election support. The EU deployed sixteen election observation missions during the period covered by this report;
  • asylum, migration, refugees and displaced persons. The adoption of the Stockholm Programme confirmed that the development of a European migration policy and the completion of a common European Asylum System remain key EU objectives;
  • trafficking in human beings. This is a priority of the new “Prevention of and fight against crime” financing programme;
  • rights of persons belonging to minorities. A European platform for Roma inclusion has been created;
  • rights of persons with disabilities. The EU continued the process towards its accession to the United Nations Convention on the Rights of Persons with Disabilities.

Role in international bodies

On the initiative of the EU, a new interregional resolution on the death penalty was adopted at the 63rd session of the UN General Assembly. Two resolutions tabled by the EU denouncing human rights violations in the Democratic Republic of Korea and in Burma were also adopted.

Cooperation between the EU and the Council of Europe continued in a satisfactory manner. One of the most important issues has been the EU’s accession to the European Convention on Human Rights.

As part of the Organisation for Security and Cooperation in Europe (OSCE), the European Union also participated in the dialogue on the future of European security, which dominated the OSCE agenda in 2009.

Charter of Fundamental Rights

Leave a reply

Charter of Fundamental Rights

Outline of the Community (European Union) legislation about Charter of Fundamental Rights

Topics

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

Anti-discrimination and relations with civil society

Charter of Fundamental Rights

In June 1999, the Cologne European Council concluded that the fundamental rights applicable at European Union (EU) level should be consolidated in a charter to give them greater visibility. The heads of state/government aspired to include in the charter the general principles set out in the 1950 European Convention on Human Rights and those derived from the constitutional traditions common to EU countries. In addition, the charter was to include the fundamental rights that apply to EU citizens as well as the economic and social rights contained in the Council of Europe Social Charter and the Community Charter of Fundamental Social Rights of Workers. It would also reflect the principles derived from the case law of the Court of Justice and the European Court of Human Rights.

The charter was drawn up by a convention consisting of a representative from each EU country and the European Commission, as well as members of the European Parliament and national parliaments. It was formally proclaimed in Nice in December 2000 by the European Parliament, Council and Commission.

In December 2009, with the entry into force of the Lisbon Treaty, the charter was given binding legal effect equal to the Treaties. To this end, the charter was amended and proclaimed a second time in December 2007.

Content

The charter brings together in a single document rights previously found in a variety of legislative instruments, such as in national and EU laws, as well as in international conventions from the Council of Europe, the United Nations (UN) and the International Labour Organisation (ILO). By making fundamental rights clearer and more visible, it creates legal certainty within the EU.

The Charter of Fundamental Rightscontains a preamble and 54 Articles, grouped in seven chapters:

  • chapter I: dignity (human dignity, the right to life, the right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour);
  • chapter II: freedoms (the right to liberty and security, respect for private and family life, protection of personal data, the right to marry and found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, the right to education, freedom to choose an occupation and the right to engage in work, freedom to conduct a business, the right to property, the right to asylum, protection in the event of removal, expulsion or extradition);
  • chapter III: equality (equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, the rights of the child, the rights of the elderly, integration of persons with disabilities);
  • chapter IV: solidarity (workers’ right to information and consultation within the undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work, family and professional life, social security and social assistance, health care, access to services of general economic interest, environmental protection, consumer protection);
  • chapter V: citizens’ rights (the right to vote and stand as a candidate at elections to the European Parliament and at municipal elections, the right to good administration, the right of access to documents, European Ombudsman, the right to petition, freedom of movement and residence, diplomatic and consular protection);
  • chapter VI: justice (the right to an effective remedy and a fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties, the right not to be tried or punished twice in criminal proceedings for the same criminal offence);
  • chapter VII: general provisions.

Scope

The charter applies to the European institutions, subject to the principle of subsidiarity, and may under no circumstances extend the powers and tasks conferred on them by the Treaties. The charter also applies to EU countries when they implement EU law.

If any of the rights correspond to rights guaranteed by the European Convention on Human Rights, the meaning and scope of those rights is to be the same as defined by the convention, though EU law may provide for more extensive protection. Any of the rights derived from the common constitutional traditions of EU countries must be interpreted in accordance to those traditions.

Protocol (No) 30 to the Treaties on the application of the charter to Poland and the United Kingdom restricts the interpretation of the charter by the Court of Justice and the national courts of these two countries, in particular regarding rights relating to solidarity (chapter IV).

Another Normative about Charter of Fundamental Rights

Topics

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

Justice freedom and security > Citizenship of the Union

Charter of Fundamental Rights

In June 1999, the Cologne European Council concluded that the fundamental rights applicable at European Union (EU) level should be consolidated in a charter to give them greater visibility. The heads of state/government aspired to include in the charter the general principles set out in the 1950 European Convention on Human Rights and those derived from the constitutional traditions common to EU countries. In addition, the charter was to include the fundamental rights that apply to EU citizens as well as the economic and social rights contained in the Council of Europe Social Charter and the Community Charter of Fundamental Social Rights of Workers. It would also reflect the principles derived from the case law of the Court of Justice and the European Court of Human Rights.

The charter was drawn up by a convention consisting of a representative from each EU country and the European Commission, as well as members of the European Parliament and national parliaments. It was formally proclaimed in Nice in December 2000 by the European Parliament, Council and Commission.

In December 2009, with the entry into force of the Lisbon Treaty, the charter was given binding legal effect equal to the Treaties. To this end, the charter was amended and proclaimed a second time in December 2007.

Content

The charter brings together in a single document rights previously found in a variety of legislative instruments, such as in national and EU laws, as well as in international conventions from the Council of Europe, the United Nations (UN) and the International Labour Organisation (ILO). By making fundamental rights clearer and more visible, it creates legal certainty within the EU.

The Charter of Fundamental Rightscontains a preamble and 54 Articles, grouped in seven chapters:

  • chapter I: dignity (human dignity, the right to life, the right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour);
  • chapter II: freedoms (the right to liberty and security, respect for private and family life, protection of personal data, the right to marry and found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, the right to education, freedom to choose an occupation and the right to engage in work, freedom to conduct a business, the right to property, the right to asylum, protection in the event of removal, expulsion or extradition);
  • chapter III: equality (equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, the rights of the child, the rights of the elderly, integration of persons with disabilities);
  • chapter IV: solidarity (workers’ right to information and consultation within the undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work, family and professional life, social security and social assistance, health care, access to services of general economic interest, environmental protection, consumer protection);
  • chapter V: citizens’ rights (the right to vote and stand as a candidate at elections to the European Parliament and at municipal elections, the right to good administration, the right of access to documents, European Ombudsman, the right to petition, freedom of movement and residence, diplomatic and consular protection);
  • chapter VI: justice (the right to an effective remedy and a fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties, the right not to be tried or punished twice in criminal proceedings for the same criminal offence);
  • chapter VII: general provisions.

Scope

The charter applies to the European institutions, subject to the principle of subsidiarity, and may under no circumstances extend the powers and tasks conferred on them by the Treaties. The charter also applies to EU countries when they implement EU law.

If any of the rights correspond to rights guaranteed by the European Convention on Human Rights, the meaning and scope of those rights is to be the same as defined by the convention, though EU law may provide for more extensive protection. Any of the rights derived from the common constitutional traditions of EU countries must be interpreted in accordance to those traditions.

Protocol (No) 30 to the Treaties on the application of the charter to Poland and the United Kingdom restricts the interpretation of the charter by the Court of Justice and the national courts of these two countries, in particular regarding rights relating to solidarity (chapter IV).