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Contribution to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

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Contribution to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

Outline of the Community (European Union) legislation about Contribution to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

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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 > Human rights in non-EU countries

Contribution to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

Document or Iniciative

Communication from the Commission of 1 June 2001. Contribution to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance [COM(2001)291 final – Not published in the Official Journal]

Summary

Context

The decision to hold a World Conference in 2001 was taken in 1997 by the United Nations General Assembly. Organised by the office of the High Commissioner for Human Rights, it focused on action-oriented and practical steps to eradicate racism. Its main objectives were to: assess the fight against racial discrimination and its future, increase the level of awareness about racism and its consequences, formulate recommendations to the United Nations (UN) on ways to increase the effectiveness of its actions, etc. The European Commission played an active part in the preparations for the World Conference. On the one hand, it attended the preparatory Conference entitled ‘All Different – All Equal: From Principle to Practice’ held at the Council of Europe. On the other hand, it contributed EUR 3.7 million to non-governmental organisations (NGOs), the least developed countries (to ensure their participation) and the World Conference itself. It also helped to draw up the political declaration and programme of action adopted at the Conference. It is in this context that this communication was drawn up. It aims to demonstrate the success of the fight against racism in the EU with a view to inspiring the Conference participants to work together within regional groupings.

Actions in the European Union

Action at European level has taken two general forms: a number of legislative acts have been adopted and the fight against racism has been mainstreamed into other policies.

The legislative measures include efforts to harmonise legislation in the Member States as previously, although discrimination was banned, the scope, content and enforcement of the legislation varied considerably from one country to another. A package of proposals to combat discrimination including two directives and an action programme were thus adopted in 1999. These proposals included Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Aimed at preventing racial discrimination in the Union, the directive strengthens the position of victims and requires the establishment of independent bodies capable of conducting surveys and studies in the field. Moreover, in 1996, it was agreed that judicial cooperation should be established between the Member States, so as to prevent, in particular, those responsible for crimes from avoiding prosecution by moving from one Member State to another. Lastly, the Commission has presented five proposals for directives on immigration and asylum issues (since the end of 1999). These relate, in particular, to family reunification, temporary protection in case of mass influx of displaced persons, procedures for granting and withdrawing refugee status, the status of third-country nationals who are long-term residents and reception conditions for asylum-seekers.

Mainstreaming in other Community policies involves the employment policy, the external relations policy and programmes providing financial support.

The European employment strategy pursued by the EU since 1997 is an important instrument in the fight against racism. The employment guidelines which have, since 1999, included the principle of non-discrimination in the labour market, are the EU’s own contribution. The Member States are required to pay particular attention to the needs of ethnic minorities and other groups and persons likely to be disadvantaged, and to formulate appropriate policies of prevention and action to promote their integration into the labour market.

The external relations policy deals with racism through the preparations for enlargement (whereby the candidate countries are required to satisfy the Copenhagen criteria and to combat racism, especially with regard to the Roma population), the agreements with the New Independent States (NIS), the Common Strategy on Russia and the development policy.

Many EU programmes that provide financial aid contain provisions on racism. These include:

  • the Community action programme to combat discrimination, which has a budget of EUR 100 million for 2001-2006;
  • the Community initiative EQUAL, which deals with discrimination on the labour market and has been allocated almost EUR 3 billion for the 2000-2006 period;
  • the programme relating to the Community framework strategy on gender equality, which focuses on the situation of women;
  • the European Fund for Refugees, which provides support for the reception, integration and voluntary repatriation of refugees;
  • the Grotius programme, which aims to foster legal cooperation on general and criminal issues between the Member States of the European Union;
  • external programmes such as those financed by the European Initiative for Democracy and Human Rights (EIDHR), which has a budget of EUR 110 million for 2002, Phare, which concentrates on the candidate countries, Tacis, which focuses on the NIS and Mongolia and, finally, projects relating to the Republics of Former Yugoslavia and those organised under the Stability Pact for South-Eastern Europe;
  • programmes in the field of education and youth, such as Socrates, Leonardo da Vinci and Youth together with the Fifth framework programme for research and technological development.

Evaluation, monitoring and analysis of activities in the European Union

In addition to monitoring by the European Commission, which is responsible for ensuring respect for the Treaties and other Community laws, the European Monitoring Centre on Racism and Xenophobia has established a European Racism and Xenophobia Information Network (Raxen). This network, whose task is to gather data and information on racism and xenophobia, incorporates research centres, NGOs and specialised centres, and its activities could be extended to the candidate countries.

Independent evaluation of Community actions and policies is also of importance, especially with a view to ensuring that the efforts made to combat racism are effective. This is a prerequisite for all the projects and actions supported by the programmes listed above.

Commission recommendations

The Commission hopes that the participants in the World Conference take account of the European Union’s action against racism as well as the recommendations presented by the Commission at the Regional European Conference in October 2000. These call on all participants to establish or maintain:

  • a combination of legislation and practical action to combat racism;
  • cooperation with the NGOs and the social partners;
  • specific policies involving the host society in order to promote respect for cultural diversity;
  • practical measures concerning the labour market;
  • access without discrimination to education and measures to combat discrimination in the media, culture and sport;
  • research in this area;
  • systematic mainstreaming of the fight against racism in the external relations and human rights policies;
  • legislative protection against racial discrimination;
  • effective, proportionate and deterrent criminal penalties for racist and xenophobic behaviour.

Related Acts

Council Conclusions on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. General Affairs Council – 16 July 2001 [Not published in the Official Journal].
The General Affairs Council (GAC) reiterated the European Union’s desire to contribute to the success of the World Conference. In its conclusions, the Council stresses that the World Conference might represent a mobilising factor in the fight against racism. To achieve satisfactory results, it is essential for the Action Programme and the Declaration to be forward-looking and oriented towards action. It also emphasises that racism and racial discrimination must be fought by all legal means and it refers to the European Union’s many efforts mentioned in the above communication.

The Council thus hopes that the World Conference’s priorities include strengthening the legal framework for combating racism and improving education, training and the prevention of racism. Moreover, it calls for greater priority to be given to what is known as multiple racism, in other words cases where an individual belongs to several categories that are subject to discrimination, such as the Roma population, women and disabled people.

In order to ensure the success of the Conference, the Council feels it is necessary for NGOs and other actors in civil society to contribute and for a global strategy aimed at increasing international cooperation to be drawn up.

Deploring the effects of colonialism, such as slavery, the Council highlights the European Union’s current efforts to achieve a more just world, in particular through its development cooperation. It concludes by calling on the participating countries to work together in a spirit of cooperation, which is essential if the World Conference is to be a success.

World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. Durban, South Africa, 31 August – 7 September 2001..

Framework decision on combating racism and xenophobia

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Framework decision on combating racism and xenophobia

Outline of the Community (European Union) legislation about Framework decision on combating racism and xenophobia

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

Justice freedom and security > Combating discrimination

Framework decision on combating racism and xenophobia

Document or Iniciative

Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law.

Summary

As a follow-up to Joint Action96/443/JHA, this framework decision provides for the approximation of laws and regulations of the Member States on offences involving racism and xenophobia. Racist and xenophobic behaviour must constitute an offence in all Member States and must be punishable by effective, proportionate and dissuasive penalties of a maximum of at least one to three years of imprisonment.

This framework decision applies to all offences committed:

  • within the territory of the European Union (EU), including through an information system;
  • by a national of a Member State or for the benefit of a legal person established in a Member State. To that end, the framework decision provides criteria on how to determine the liability of a legal person.

Certain forms of conduct as outlined below, which are committed for a racist or xenophobic purpose, are punishable as criminal offences:

  • public incitement to violence or hatred directed against a group of persons or a member of such a group defined on the basis of race, colour, descent, religion or belief, or national or ethnic origin;
  • public dissemination or distribution of tracts, pictures or other material containing expressions of racism and xenophobia;
  • public condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes as defined in the Statute of the International Criminal Court (Articles 6, 7 and 8) and crimes defined in Article 6 of the Charter of the International Military Tribunal, when the conduct is carried out in a manner likely to incite violence or hatred against such a group or a member of such a group.

Instigating, aiding or abetting in the commission of the above offences is also punishable.

With regard to the offences listed in Article 1, Member States must ensure that they are punishable by:

  • effective, proportionate and dissuasive penalties;
  • terms of imprisonment of a maximum of at least one to three years.

In all cases, racist or xenophobic motivation is considered to be an aggravating circumstance or, alternatively, such motivation may be taken into consideration when determining the penalties to be applied.

With regard to legal persons, the penalties must be effective, proportionate and dissuasive and must consist of criminal or non-criminal fines. In addition, legal persons may be punished by:

  • exclusion from entitlement to public benefits or aid;
  • temporary or permanent disqualification from the practice or commercial activities;
  • being placed under judicial supervision;
  • a judicial winding-up order.

The initiation of investigations or prosecutions of racist and xenophobic offences must not depend on a victim’s report or accusation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2008/913/JHA

6.12.2008

28.11.2010

OJ L 328 of 6.12.2008

Fundamental rights and citizenship

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Fundamental rights and citizenship

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

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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 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

–

OJ L 110 of 27.4.2007

Charter of Fundamental Rights

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Charter of Fundamental Rights

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

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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

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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).