Fourth annual meeting of the Fundamental Rights Platform ...fra.europa.eu/sites/default/files/fra_uploads/1709-FRP-report-2011.pdf · Fourth annual meeting of the Fundamental Rights

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HIGHLIGHTS

Fourth annual meeting of theFundamental Rights Platform:

highlights of discussions and work sessions

14-15 April 2011

This report addresses matters related to respect for private and family life (Article 7), freedom of assembly and of association (Article 12), protection in the event of unjustified dismissal (Article 30), fair and just working conditions (Article 31), family and professional life (Article 33), and right to an effective remedy (Article 47) falling under Chapters ‘Freedoms’, ‘Solidarity’ and ‘Justice’ of the Charter of Fundamental Rights of the European Union.

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FRA - European Union Agency for Fundamental RightsSchwarzenbergplatz 111040 ViennaAustriaTel.: +43 (0)1 580 30 - 0Fax: +43 (0)1 580 30 - 691Email: [email protected]

Luxembourg: Publications Office of the European Union, 2011

ISBN 978-92-9192-686-2doi: 10.2811/22044

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Fourth annual meeting of theFundamental Rights Platform:

highlights of discussions and work sessions

14 – 15 April 2011

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ContentsWELCOME ADDRESSES.........................................................................................................................................7

1. PANEL DISCUSSIONS.......................................................................................................................................9

1.1. Access to justice: bringing rights to life - how civil society organisations can help victims claim their rights.................................................................................................................9

1.2. Cooperation between the FRA and the FRP................................................................................................11

2. TALKING TABLES.............................................................................................................................................15

3. THE FLOOR IS YOURS.......................................................................................................................................17

3.1. Session one.................................................................................................................................................17

3.2. Session two..................................................................................................................................................17

3.3. Session three...............................................................................................................................................18

3.4. Session four.................................................................................................................................................18

3.5. Session five..................................................................................................................................................19

3.6. Session six...................................................................................................................................................19

4. CIVIL SOCIETY: CHALLENGES AND OPPORTUNITIES WITH THE UN CRPD..............................................21

4.1. Keynote address..........................................................................................................................................21

4.2. Discussion...................................................................................................................................................21

5. CIVIL SOCIETY PARTICIPATION IN THE UN CRPD..........................................................................................23

5.1. Panel discussion..........................................................................................................................................23

5.2. Discussion....................................................................................................................................................24

5.3. Press release - access to justice...................................................................................................................25

CLOSING REMARKS..............................................................................................................................................27

ANNEXES................................................................................................................................................................29

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The Fundamental Rights Platform (FRP) meeting is a forum used to meet and discuss the European Union (EU) dimension of fundamental rights. Since the creation of the European Union Agency for Fundamental Rights (FRA), the number and diversity of participants in these meetings have grown, from European networks to local non-governmental organisations (NGOs). The fourth FRP meeting will give lasting input towards this aim. Structures are already in place from previous meetings and now we have a strong platform to focus on the substance and enhance the cooperation between the Agency and civil society.

Examples of such collaboration include the fact that FRP organisations focus our attention towards the ‘real’ issues on the ground, as in the case of persons with disabilities. Further, organisations help with data collection, a core element of the FRA, as is demonstrated with the upcoming reports on the rights of migrants in irregular situations.1 Organisations actively use the findings of the FRA reports and, as a result of last year’s meeting, a seminar was held in Paris to discuss issues of poverty.

The FRP has a triangular purpose: allow the Agency to address civil society directly, provide a forum where the FRA can listen to civil society and lastly provide an opportunity for organisations to share experiences and inspire one another. In the framework of the triangular purpose of the FRP meeting, there are innovative activities that allow for exchanges to take place between the FRA and civil society (Talking Tables) and that give the floor to the participant organisations (The Floor Is Yours). There is also a panel discussion on cooperation between the Agency and the Platform where participants can have fruitful exchanges and express their expectations of the FRA. The FRP organisations can share in the work of the FRA through this exchange and can continue to do so through the online consultation launched by the Agency on its annual work programme.

Morten Kjaerum, Director of the FRA

1 FRA (2011), Migrants in irregular situation employed in domestic work: Fundamental rights challenges for the European Union and its Member States, Luxembourg, Publications Office of the European Union, available at: www.fra.europa.eu/fraWebsite/research/publications/publications_per_year/2011/pub_domestic-workers_en.htm.

Welcome addresses

“[…] despite the diversity in views we all share the vision of bringing the Charter of Fundamental Rights to life.”Morten Kjaerum, Director of the FRA

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The FRP is a mechanism that promotes real, two-way dialogue and provides the opportunity for civil society to contribute to the work of the EU through the Agency.

The FRA recently published a report on Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in the EU Member States,2 which exposed the use of intrusive methods by an EU Member State and drew swift reaction from the European Parliament and the European Commission. Another report on the Political participation of persons with intellectual disabilities and persons with mental health problems3 prompted some EU Member States to explore possible amendments to laws to incorporate voting rights for such persons.

The FRA cooperates with EU institutions, national human rights institutions, equality bodies and the Council of Europe, which is the Agency’s main regional partner. An example is the cooperation with the European Commission on Roma issues, as well as on developing indicators for the rights of the child. Other examples of cooperation include

2 FRA (2011), Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in the EU Member States, Luxembourg, Publications Office, available at: fra.europa.eu/fraWebsite/research/publications/publications_per_year/2011/fra_homophobia_synthesis_en.htm.

3 FRA (2010), The right to political participation of persons with mental health problems and persons with intellectual disabilities, Luxembourg, Publications Office, available at: fra.europa.eu/fraWebsite/research/publications/publications_per_year/2010/pub-vote-disability_en.htm.

the launch of the Charterpedia and the FRA Opinion on the draft Directive regarding the European Investigation Order,4 both at the request of the Civil Liberties Committee (LIBE) of the European Parliament. There is also close cooperation with the Council of Europe Commissioner for Human Rights, Thomas Hammarberg, who published a report on homophobia, drawing on findings of the Agency’s research in the subject area.

The Agency is continuing to strengthen links with national and local bodies, where the actual implementation of policies takes place. The work and input at this level are important in making human rights a reality. It is therefore important for the work of the FRA to have a structured dialogue with civil society. Two main challenges facing the Agency are fulfilling the Multi-annual Framework (MAF) of work and policy making in the area of fundamental rights because of the lack of reliable and comparable data. The Agency is trying to assist in the formulation of both targeted and effective policies.

Ilze Brands KehrisChairperson of the Management Board, FRA

4 www.fra.europa.eu/fraWebsite/research/opinions/op-eio_en.htm

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Panel discussions

11.1. Access to justice:

bringing rights to life – how civil society organisations can help victims claim their rights

The panel discussed ways in which civil society can support access to justice and enhance existing mechanisms for those deprived of their rights.

Moderator: Jonas Grimheden, Programme Manager – Legal Research, FRA

Panellists:

Jackie Jones, European Women Lawyers Association Marie-Cécile Renoux, Delegate to the EU, ATD Quart MondeMichael Privot, Director, European Network Against Racism (ENAR) Andreas Krisch, President, European Digital Rights (EDRi)

Laws that are created to help us are becoming increasingly complicated. It is thus difficult not only to litigate them but even to understand them, further demonstrating the need for a strong civil society. The recession has impeded access to justice in many ways, for example, through a reduced number of courts. The FRA could help by pushing forward proposals to simplify the law and remind EU Member States and EU institutions of their obligation to provide financial legal aid. Civil society could take that as an example and push for aid through litigation, in order to widen access to legal aid. (Jackie Jones)

Extreme poverty is a violation of human rights and people who live in poverty face numerous hurdles accessing justice. Education and training about their rights would help those living in poverty not only assert their rights but also combat feelings of guilt and lack of confidence that can be associated with poverty. Information and training in human rights should be provided for people working in this domain, especially on the legal level. ADT Quart Monde provides information and training for people living in extreme poverty and promotes civil mobilisation, in collaboration with other organisations such as Amnesty International and Caritas. Further, this topic should be included in the Agency’s MAF. Organisations should continue to fight for human rights, especially for those living in poverty, guaranteeing each individual access to justice (Marie-Cecile Renoux, Delegate to the EU, ATD Quart Monde) Judges and citizens should be aware of existing equality directives to allow for effective use. Both judges and lawyers play critical roles in promoting the recognition of human rights. While judges face the task of making politicians aware of their responsibility do their utmost to ensure rights are realised, many lawyers are not even considering discrimination issues as key cases. Eleven years after the adoption of the directive in equality there is still reticence regarding training of judges. The European Network Against Racism (ENAR) Ireland produced a litigation strategies project that aimed at training NGO members and lawyers who work together. However, problems arise as there is the inability to use this on the European level, as there is such diversity of legislations and languages. FRA could play a future role in encouraging research in this area, focusing on the situation of access to justice for victims and providing deeper collaboration between lawyers, associations and courts. (Michael Privot, ENAR)

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The organisation European Digital Rights (EDRi)published a report on self-regulation of internet providers and how this practice amounts to corporate censorship. Users have no choice but to accept these terms in order to access services and they must also accept a potential service cut-off if the provider decides they have done something wrong. This is not based on legal or democratic procedures. The liabilities of internet service providers need to be clarified in order to remove undue pressure from them; we also need to demand application of the rule of law and due process, while raising awareness and doing advocacy work. (Andreas Kirsch, EDRi)

1.1.1. Discussion

One of the challenges facing the FRA is the balance between ‘conflicting’ fundamental rights. The European Court of Human Rights (ECtHR) has said that priority should be given to the protection of children when there is a conflict regarding data protection and rights of the child. A strong declaration should be sent to the media about the concerns raised in the meeting and there should be a joint access to justice campaign across all EU Member States.

Currently, there is no existing overarching mechanism for intrusive data searches by national Data Protection Authorities, in terms of authorisation through the judiciary, and also for individuals to know when their data have been investigated.

The internet is a public space where the rule of law applies. Crimes against children via the internet are unacceptable. While children need to be protected from abuse, blocking web pages is not the ultimate solution. Instead of

hiding the problem, governments, police and law-enforcement units should be forced to work collaboratively and effectively.

The work of the FRA in the report on National Data Protection Authorities demonstrates that there is no law enforcement and there is a need for a strong role of Data Protection Authorities in the process of legislation; mass litigation aspects should not be forgotten. The FRA should, despite its limited mandate, produce an opinion about ethnic profiling by law enforcement and ethnic profiling through data mining.

The FRA should include people in extreme poverty in its reports. Large numbers of people live in poverty, in violation of the right to housing and of the right to private life. There should be legal action against mayors and municipalities in these cases.

Children living on state support must be protected. In many cases, children suffer abuse without social workers’ and authorities’ knowledge. Children need to be given support to help them gain confidence and dignity, as per legal instruments at every level. Article 1 of the Charter can be the access point for the FRA to take action on matters of the public/private divide regarding children.

The European Roma Rights Centre completed a report on access to justice for Roma victims of violent crimes and attacks and identified a huge failing in this area, given that there is little or no reaction from the domestic authorities at a European level. The FRA should help Roma organisations find ways to publicly condemn these practices.

Potential victims of human rights violations are not aware of their rights and how to protect them, therefore information on education and human rights is needed. Empowerment through the form of education is especially significant for children, who generally lack knowledge of their fundamental rights.

Blocking websites is not an effective tool to address these serious problems. Human rights education in the field of technology is very important so as to design systems that take fundamental rights into account.

Exclusion and discrimination on social grounds should be avoided especially with regards to children. The FRA should integrate the European Social Charter more in its action plan, especially Articles 13 and 31 that refer to extreme poverty and housing.

“It’s a fight for human rights to guarantee the access to the poor to their rights in order to eradicate extreme poverty.”Marie-Cecile Renoux, Delegate to the EU, ATD Quart Monde

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1.2. Cooperation between the FRA and the FRP

The panel discussed civil societies’ expectations of the Agency and the actions that FRA should take in the field of fundamental rights.

Moderator: John Kellock, Head of External Relations and Networking Department, FRA

Panellists:

FRA representativesMorten Kjaerum, DirectorMassimo Toschi, Civil Society CoordinatorAydan Iyiguengoer, Human Rights Education CoordinatorMatteo Bonini Baraldi, Programme Manager – Legal Research

FRP organisationsThomas Mueller, Child Helpline InternationalJoel Le Deroff, ILGA - EuropeAnnica Ryngbeck, Social Platform

The Social Platform includes 46 pan-European networks that cooperate with the FRA on processes rather than content issues, providing opportunities for its members to meet the FRA within the network of the Social Platform. (Annica Ryngbeck, Social Platform)

The FRA has produced three reports so far on lesbian, gay, bisexual and transgender (LGBT) rights, legal and social, with the cooperation of the International Lesbian and Gay Association (ILGA) (Matteo Bonini Baraldi, FRA). ILGA and FRA are currently engaged in discussion on the specific issue of victimisation and discrimination of LGBT people, while ILGA has also previously participated in consultation processes. In the past year small events were also held that involved local actors and finally, ILGA was involved in a project focused on human rights education. (Joel Le Deroff, ILGA - Europe)

The FRA is a very extroverted institution and has a high level of interaction with partners and stakeholders, throughout the 27 EU Member States, EU institutions, Council of Europe and others. The challenge is to make these interactions meaningful for the work of the Agency. Stakeholder relations are in the making, as is demonstrated by

the consultation process on the Agency’s Annual Work Programme which is different each year (working groups last year, online questionnaire this year). How can the FRA optimise these interactive relations, taking into account its limited resources? (Morten Kjaerum, FRA)

There is a way of learning how to interact with the Agency and clear benefits have resulted from this discussion. Examples of consultations between the FRA and Child Helpline International include the S’cool Agenda, information on a children’s helpline and missing children’s rights, as well as the upcoming indicators on the rights of the child. While the e-FRP is a great start it needs further improvement. The Floor is Yours session is another tool and an unheard example of open space discussions. (Thomas Mueller, Child Helpline International, member of the Advisory Panel of the FRP)

In human rights education, recommendations from stakeholders and previous members of the FRP are extremely important and are taken into account in the development of the programme. For example, a suggestion was that the FRA should focus on formal education and training of specific professional groups, such as at police academies. This input does not apply only at the theoretical stage, but also at implementation. FRP organisations working on asylum and border issues could assist in joint training in human rights for Frontex staff, since the FRA had just adopted a training concept for them. There is also cooperation with the European Law Academy. The suggestion to go national with human rights education activities was followed; as a result a national human rights education training conference was held in Germany and another one will follow in Ireland. (Aydan Iyiguengoer, Human Rights Coordinator, FRA)

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The FRP meeting is not the only forum for communication since cooperation happens on a daily basis between the FRA and FRP participant organisations, in every single report and publication of the Agency. (Massimo Toschi, Civil Society Coordinator, FRA)

1.2.1 Discussion

The FRA and ECRI published a joint press release on the International Day against Racism, reinforcing communication between civil society and the FRA. While there is a tradition on releasing joint statements on the International Day against Racism, there can be strength in sending different messages as well, because civil society can have a different style and therefore can address certain issues more directly.

The FRP is informed of the work of the FRA, and a suggestion was made whether a representative of the FRP could sit on the board of the FRA, which would demonstrate a strong commitment towards civil society. However, members of the Management Board can only be appointed by the governments of the Member States, although they are independent as board members. The FRP can interact with the board through the Advisory Panel, which is invited to report to the Management Board on the outcomes of the FRP meeting.

The concept of participation has different meanings. It can be defined as association on a daily basis that has a direct impact; this is missing from current practice.

The cooperation between the FRA and civil society is quite exciting, with the creation of networks and access to stakeholders. Opportunity for engagement is a top priority and should be incorporated early on in the planning stage when expertise is needed. However, even when there are early stage consultations of the Platform, documents have often already been produced and therefore the impact of such consultations is only minor. Organisations should contribute to consultations in terms of their competence and provide qualitative advice. There are ongoing efforts to strengthen the consultations and partnership between the FRP and the Agency.

The creation of a system of collective complaints within the framework of the FRA and the FRP was suggested. The complaints would lead to documents that would not be legally binding but which could be used to pressure the government. However, the work of the Agency is to bring the issue of dealing with complaints as close to the people as possible by empowering the National Human Rights Institutes and Ombudsmen, rather than by focusing on creating a complaint mechanism. It is the national and local levels which have weak institutions and need improvement.

Collecting good practices is useful. For example, the good initiatives that are put in place in Scotland on the topic of bullying LGBT kids should be advertised and developed further in other European countries.

There are challenges in working with a Platform of diverse opinions, including managing expectations and limitations. The Agency must communicate how it uses the input from civil society in order to be accountable and transparent to the citizens.

The FRP might be a way for EU citizens to communicate with the FRA, but there has to be work done on the national level in order to achieve change. The Agency should provide support in putting pressure on national governments.

There is a missing link in terms of follow-up and it would be helpful if the FRA had an official opinion on certain topics, for example, on the discussion about blocking websites.

Input from civil society is needed most in the following three areas: on general matters, like the MAF; on individual projects; and on disseminating the findings of the Agency’s reports. Civil society’s input beyond the current MAF is included in the questionnaire. Expectations have to be managed, but if civil society starts to give ideas beyond the

“FRA is a very extroverted institution and it has a high level of interaction with partners and stakeholders. The challenge is to make these interactions meaningful for the work of the Agency.”Morten Kjaerum, Director of the FRA

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MAF then expectations will be raised too high. In order to ensure proper balance, the Agency works on a variety of issues and does not defend any specific group or issue. Also, the Agency has opinions on a number of issues, but the question is how to communicate them to people sufficiently.

FRP organisations would benefit and should be involved in events like the upcoming Human Rights Education Conference in Ireland. Such events are excellent opportunities for civil society to lobby national stakeholders.

The role of the Platform as a place for organisations to network and communicate is very important, as it brings civil society in direct communication with the FRA. The structures for participation are there and it is up to the FRP organisations to use them. Participant organisations should become more acquainted with the Agency’s work and find out what is relevant to their work. Also, within the participant organisations of the FRP there should be a wider diversity of views, within the scope allowed by the Charter.

There is the problem that often local-and national-level judges are ignorant regarding human rights and in particularly the Charter. The Agency recently published the Handbook on European non-discrimination law targeting people in the judiciary.

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During lunch, participants of the Fourth FRP meeting joined tables to discuss specific themes with FRA experts. Thirteen tables were set up on issues relevant to the MAF of the Agency. Participants had an opportunity to ask questions about the work of the FRA and to make suggestions to projects managers, offering their own knowledge and expertise on the issues discussed.

List of Talking Tables

1) Access to justice with Jonas Grimheden, Programme Manager – Legal Research

2) Communication and FRP with Waltraud Heller, Communication Manager

3) Data protection and information society with Mario Oetheimer, Programme Manager – Legal Research

4) Disability with Kasia Jurczak, Programme Manager – Social Research

5) Violence against women and other FRA surveys with Sami Nevala, Project manager of the FRA survey ‘Violence against women’

6) Fundamental rights conference with Andreas Accardo, Stakeholder Strategy Coordinator

7) Human rights education with Aydan Iyiguengoer and Frederick Banson, Human Rights Education Team

8) Immigration and asylum with Adriano Silvestri, Programme Manager – Legal Research and Ann-Charlotte Nygard, Networking and Stakeholder Relations Coordinator

9) LGBT with Matteo Bonini-Baraldi, Programme Manager – Legal Research

10) Rights of the child with Maria Amor Estebanez, Programme Manager – Legal Research

11) Multiple discrimination with Ludovica Banfi, Programme Manager – Social Research

12) FRA research network with Niraj Nathwani, Programme Manager – Legal Research and Cyrille Maurin, Research Assistant

13) Roma, racism and xenophobia with Michail Beis, Programme Manager – Social Research and Sabine Springer, Statistician

Talking Tables

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FRP participants suggested theFRA should:

• be more active in the EU legislative process;

• include the issue of extreme poverty in its MAF and Annual Work Programme;

• use strategic litigation as a research methodology;

• render to the public the name of programme managers working under each area to facilitate communication;

• carry out an EU-wide survey on the users of legal aid services;

• do a project on female genital mutilation;• do research on balancing fundamental

rights;• do more work on social rights; • do more work on human rights

education;• use the term ‘undocumented migrants’

rather than ‘irregular migrants’ to avoid negative associations;

• stress the indivisibility of human rights, irrespective of the legal status of a person and counter the segmentation of rights for different categories of migrants in EU law;

• make sure that when discussing labour exploitation of migrants, it also addresses irregular migrants’ (non-) access to worker’s rights, as contained in Chapter IV of the Charter of Fundamental Rights (Solidarity);

• engage more with EU institutions in Brussels in order to maximise the impact of its reports and collaborate more with NGOs and NHRIs;

• listen to NGOs when drafting a report, but at the same time retain independence and avoid too much NGO involvement;

• work on reception conditions of asylum-seekers and integration of migrants and refugees;

• organise more trainings on the issue of the rights of persons with disabilities and the Convention on the Rights of Persons with Disabilities (CRPD);

• work on issues of disabilities, focusing on persons with all forms of impairments;

• do follow-up research on de-institutionalisation of persons with disabilities;

• set up an informal ‘academic network’ within the FRP, composed of members of academia, to facilitate the exchange of knowledge and information and the identification of synergies;

• research access to healthcare and education of children from vulnerable communities, such as the Roma;

• study the repercussions of new social media on children;

• use the expertise of national NGOs on the issue of the Roma in order to monitor, if possible, the socio-economic situation of the Roma in the EU Member States;

• promote human rights education awareness activities at national level to ensure individual’s knowledge and enjoyment of their rights;

• do more research on issues of multiple discrimination.

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For a full afternoon, FRP participant organisations had the opportunity to take the floor and present their ideas, projects and important issues, in short sessions of 25 minutes. Presenters were requested to sign up as speakers and had the freedom to discuss any fundamental rights issue related to the aims and scope of the FRA’s work. A total of 32 organisations presented their work and invited FRP participants to join them in informative discussions and contribute to the outcome of the workshops.

3.1. Session one Conflicting rights – the role of the socialworker – International Federation of Social Workers (IFSW)The aim of the workshop was to raise awareness on the challenges faced by social workers in fulfilling their responsibility to assist people to identify and manage the conflicting rights of different parties.

Making monitoring work – the role of civil society organisations in monitoring racist incidents – European Network Against Racism (ENAR) IrelandDuring the workshop, the role of NGOs in monitoring was discussed and the need for principles for monitoring was stressed (for example, addressing barriers, standards, etc.) Participants agreed that there is evidence of increased racism due to the recession.

Personal ombudsman – a concrete example of supported decision-making – The European Network of (Ex)Users and Survivors of Psychiatry (ENUSP)Participants of this workshop discussed Article 12 of the CRPD and the example of the Personal Ombudsman in Skane, Sweden.

Do parents have a right to publicly funded denominational education? – The Iona InstituteThe workshop discussed the issue of whether parents have a right to publicly funded denominational education.

National campaigning for access to justice – the justice for all campaign in the UK – Law Centres Federation (LCF)The organisation presented the issue of access to justice in the UK, highlighting the challenges the legal aid reform will bring to the country and explaining the campaign for access to justice.

3.2. Session twoPlenary: extreme poverty and social exclusion – ATD Quart MondeThe presentation focused on the issue of poverty, discussing the role of EU parliament, the United Nations Economic and Social Council (ECOSOC), the Council and the Charter of Fundamental Rights.

The Floor is Yours

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Piloting innovative methods aiming to challenge the negative attitudes towards Roma – Policy Centre for Roma and MinoritiesThe workshop discussed the need to change negative attitudes towards Roma and presented the REACT Campaign implemented by the policy centre in Romania and Italy.

What makes strategic litigation strategic? – Lawyers for LGBT RightsThe presenter introduced the concept of strategic litigation and focused on the key role of NGOs for the successful advancement of human rights.

From Aktion T4 to CRPD: de-institutionalisation, human rights and independent living – European Network of Independent Living (ENIL)The organisation presented a short documentary and promoted the discussion on awareness-raising for institutionalisation and persons with disabilities.

Parental rights, freedom of religion and fundamental rights laws’ in the human rights admissibility procedure of the European Court of Human Rights – Alliance Defence FundThe workshop discussed cases that were brought before the ECtHR for issues regarding controversial education and parental rights.

How to sell the news? Human rights in the media – Helsinki Foundation for Human RightsThe workshop discussed the use of social media in promoting important human rights issues and the impact of FRA reports in public debates.

3.3. Session threePlenary: European competence centre on gender equality issues – Institute for Gender EqualityThe workshop focused on gender equality and the ways FRA and the European Institute for Gender Equality (EIGE) can collaborate to raise awareness and fight discrimination.

The health of the Irish Traveller Community: Traveller participation and policy development – Pavee Point Travellers CentreThe workshop looked at issues of Travellers’ health in Ireland and presented a study on this issue.

Discriminatory violence/hate crime: is there a potential for an EU response? – ILGA-EuropeThe workshop presented the existing European instruments to combat discriminatory violence and provided figures on ‘hate crimes’, exploring steps towards a more comprehensive EU policy frame.

Education in fundamental values: the Mediterranean case – IUS PRIMI VIRI International AssociationThe workshop discussed the importance of education for fundamental values.

Presentation of the five-year report on Intolerance and Discrimination against Christians in Europe – Observatory on Intolerance against ChristiansThe observatory presented its five-year report on Intolerance against Christians in Europe and discussed with participants the issue of freedom of religion.

3.4. Session four

Plenary: Fundamental Rights Platform, towards a better FRA-FRP CommunicationMassimo Toschi, on behalf of the FRA, presented the tasks and function of the FRP, focusing on cooperation mechanisms between the Agency and civil society.

Digital and new media fundraising – Child Helpline InternationalThe presentation aimed to discuss the contribution of new media and technology in generating income for NGOs, illustrating some examples of the organisation’s digital fundraising and inviting participants to share their experiences.

Can strategic litigation on discrimination be coordinated in Europe? – Office for the Implementation of Equal Treatment (BUG)The session aimed to introduce strategic litigation as a useful method in the area of discrimination.

Access for rights: overcoming obstacles to accessing information about human rights – Access Info EuropeThe organisation aimed to provide participants with an overview of the right of access to information, to identify the obstacles as well as strategies to address the challenges to accessing rights-related information in Europe.

The rights of the child – what role for the family? – International Federation for Family DevelopmentThe session included a short presentation of the NGO, its tasks and listed the main references to family within the international legislative instruments. The discussion focused on how civil society can promote family responsible policies.

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Tackling poverty, equality and human rights – Black and Ethnic Minorities in ScotlandThe organisation’s aim was to present a ‘new concept of equality’ and to assist participants in looking at equalities in a broader spectrum in a social context.

3.5. Session five

Plenary: trade unions as human rights defenders – in particular in respect of fundamental social rights – European Trade Union Confederation (ETUC)The organisation presented the role of trade unions in the field of protection of fundamental rights, with a focus on social rights.

Press freedom: what should the EU do with Article 11 of the Charter of Fundamental Rights – European Federation of Journalists (EFJ)The presentation of EFJ focused on the importance of Article 11 of the Charter and discussed freedom of the media as a fundamental right, suggesting that the FRA has to contribute to reinforcing legal protection.

The rights of non-heterosexual people and education – KPH PolandThe organisation presented a historical account of the Nazi terror on LGBT people and pointed out that history education should be combined with human rights, using the history of discrimination to fight for human rights for all. Family re-unification policies for migrant women: a challenge for gender equality in the EU – European Women’s LobbyThe session looked at the situation of migrant women in Europe and the impact of differing legislation among Member States. It discussed good practices and policies that can be put in place to ensure gender equality and rights for migrant women.

Upcoming threats to religious freedom – European Network of CommunitiesThe presentation aimed at defining religious freedom and describing principles of Christianity before moving on to examine evidence of infringement of freedom of religion and to discuss conflicting issues of human rights.

i-RED NetworkThe organisation presented its aims and purposes, which are to record and report the situation and trend in racism and intolerance in EU Member States and to provide real-time, straight-forward information by recording and assessing the responses of the EU Member States.

3.6. Session six

Plenary: broadening the scope of the FRA mandate to include religious intolerance and discrimination – Human Rights Without Frontiers.The presentation discussed the incidents of religious intolerance that are increasing in numbers in several EU countries and recommendations were made to the FRA to broaden the scope of its mandate to include this issue.

Discrimination in the workplace – Forum européene des FemmesMany Europeans are suffering from discrimination in the workplace and the organisation’s aim is to expose this reality and to discuss its dimensions, focusing on gender discrimination and trying to present new labour and social policies.

Fundamental rights dilemma simulations as a tool in civic education – Humanity in actionThe workshop was focused on simulations as an innovative educational tool to educate about human rights. Participants had the opportunity to assume roles of different groups and learn interactively about the potential of this educational tool.

The protection of data and children’s rights in the media – Foro de la FamiliaThe organisation presented its projects, aiming to discuss the effects of new technologies on the private life and rights of the child, examining different EU policies and best practices for the protection of private life and children.

Interaction FRA – civil society at local level: a concrete experience in advocacy – Comitato por la promozione e protezione dei diriti umani/Fondazione BassoThe organisation presented its network and its cooperation with the FRA, sharing its experience on how the FRA and FRP can be used to empower NGOs, and provide them with tools.

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4.1 Keynote address

Johan ten Geuzendam, Head of Unit, Rights of persons with disabilities, DG Justice, European Commission

A large group of European citizens possess disabilities that range from mild to severe. For this group, barriers exist that limit enjoyment of their fundamental rights. In December 2010, the EU acceded to the CRPD, the first UN human rights convention that the EU has signed. The Convention is now part of EU law, and the EU is very committed to the protection and promotion of the rights of persons with disabilities.

The EU is bound by the Convention to the extent of its competence. The 2009 Council Decision on accession to the treaty specifies the areas of the Convention that are within EU competence (Appendix on ‘Declaration of Competences’). The Commission is active in ensuring the implementation of the Convention and encourages the Member States that have not ratified it to do so.

The Convention, under provisions of Article 33, obliges Member States to set up a governance structure consisting of a focal point and monitoring mechanism both linked to civil society. The focal point is responsible for implementation of the Convention and has already been set up at the European Commission. The verdict on the monitoring mechanism, which will involve persons with disabilities and their representatives, will be determined by the end of the year. To follow the situation on implementation of the CRPD in the Member States, the Commission is issuing an annual report (High Level Group reports).

The role of civil society is underlined in the Convention and this presents both opportunities and

challenges. A work forum was organised to examine the implementation of Article 33 of the CRPD which outlined challenges and other considerations, including how to ensure representation of people with disabilities, how to avoid high cost and low effectiveness, and how to involve civil society in the monitoring, ensuring support and resources.

The Commission is taking action to implement the CRPD. A major tool is the disability strategy 2010-2020, which includes eight areas of action: accessibility, participation, equality, employment, education and training, social protection, health and external action. The Commission is currently working on the European Accessibility Act, which aims to make Europe accessible for all its citizens. The Commission is eager to work with civil society for the implementation of the CRPD.

4.2. Discussion

The European Accessibility Act will not be a substitute to the proposals on the Directive; the Accessibility Act will have a different legal basis (rather in the area of internal market) and would be complementary to the Draft Directive.

Legal capacity falls within the jurisdiction of Member States but is a top priority for cooperation among Member States and has been addressed in the progress reports on the implementation of the CRPD. The important role of families and caretakers is recognised in the Convention and is taken into account.

To start infringement procedures is not possible, and there is no way to oblige a Member State to ratify the Convention, since the EU has no powers to enforce ratification.

Civil society: challenges and opportunities with the UN CRPD

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5.1. Panel discussion

This panel discussed the opportunity that CRPD provides for civil society organisations to engage in the field of disability. The notion of participation and the active role of civil society in the implementation of the CRPD were elaborated.

Moderator: Kasia Jurczak, Programme Manager – Social Research, FRA

Panellists:

Gerard Quinn, Director, Centre for Disability Law and Policy, NUI Galway, UN Working Group on CRPDDonata Vivanti, Vice-President, European Disability Forum (EDF)Marianne Schulze, Chair of the Austrian CRPD Monitoring CommissionRaluca Verweijen-Slamnescu, Advocacy Advisor, SOS Children’s Villages International

The Convention grew with the effort of the EU, Mexico and with representation from both civil society and persons with disabilities. Although the rights in the Convention include already established rights, tailored for persons with disabilities, there are some innovations, such as Article 43, which states that no policy or legislation can take place without the participation of persons with disabilities. Article 12 on legal capacity sits at the epicentre of the Convention, as it restores power for persons with disabilities. The CRPD innovates on a concept of equality and merges economic, social and cultural rights with civil and political rights. The article on inclusive education is considered to be significant, as the concept of inclusion is generally unclear. The Convention

also innovates in terms of protection; there is an article on violence, exploitation and abuse that is necessary for the application of the rule of law. (Gerard Quinn, Centre for Disability Law and Policy, NUI Galway, UN Working Group on CRPD)

The European Disability Forum is a major umbrella organisation of 27 national councils and 43 European associations spanning all disabilities and chronic illnesses. The network covers a range of disabilities from different national perspectives. The organisation’s tasks include fighting for equal opportunities and participation with the motto ‘nothing about us without us’. This is an opinion shared by the CRPD, which states that persons with disabilities should be assured active participation in the planning and monitoring of policies that shape their lives. Participation is about giving expertise and contributing, from the beginning, to the development of policies and action plans. It is important that policy makers recognise this right, as well as see the benefits of involving persons with disabilities in order to have effective policies. In the CRPD there is the general obligation to involve persons with disabilities actively in the implementation of the Convention as well as in the monitoring process. This participation needs to be accessible and inclusive of representatives of all disabilities and it needs to be meaningful and influential. Participation is very important in the monitoring process. For example, alternative reports drafted by NGOs can complement government reports and influence domestic policy makers. In this issue, and in many others, there should be collaboration between organisations for persons with disabilities and other civil society organisations, for example human rights organisations, which would enhance the impact of alternative reports. (Donata Vivanti, Vice-President, European Disability Forum)

Civil society participation in the UN CRPD

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In Austria, a monitoring body was created upon ratification of the CRPD. The monitoring committee was a sub-body to a consultative body for the Ministry of Foreign Affairs and was composed of seven members: four coming directly from disabled persons organisations, one academic, one from a human rights organisation and one from the field of international cooperation; all were nominated by umbrella organisations of persons with disabilities. The Committee is trying to implement participation, even though it is restrained by the fact that there is no funding, with regular public meetings that enable persons with disabilities to participate and through written communication. In addition, the Committee issues recommendations which urge the government to consult civil society in general and persons with disability more specifically. (Marianne Schulze, Austrian CRPD Monitoring Commission)

The CRPD includes many provisions on children with disabilities and while it may not create new rights it does establish mechanisms for monitoring that can lead to more effective legislative practices. Children with disabilities are often placed in alternative care, which is usually of low quality, and there is very little support for the families. De-institutionalisation is a major concern for SOS Villages International and the CRPD is an additional tool that the organisation can use. Apart from direct services, the organisation works on capacity building which is very important in terms of visibility and increases the children’s possibilities of attending school and receiving treatment and care. The organisation’s work focuses on advocacy and the CRPD has contributed new strong arguments to discuss with governments as well as creating a new committee to address requests and recommendations for improvement. Mainstreaming disability issues

is not an easy topic for an organisation. SOS Villages International went through this process, which required a lot of capacity building, resources and the involvement of children with disabilities. (Raluca Vrweijen-Slamnescu, SOS Children’s Villages International)

5.2. DiscussionRatification of the Convention might seem simple; however, the implementation will be problematic on a national level. In some countries, governments need to work with disability organisations in order to achieve progress. There is the problem that few organisations receive funding; therefore, there is need of a unitary movement in order to create a strong voice for persons with disabilities.

Persons with disabilities have the right to live in the community and not be forced to live in institutions. Therefore, the European Commission should be able to restrict the use of structural funds for building of institutions. The European Commission has already been attentive to this issue and has managed to bring certain changes, allocating more attention to using structural funds to set up alternative actions in society rather than creating residential institutions. Civil society plays a strong role in monitoring the spending of structural funds by the Member States. Public money should not be used to perpetuate institutions that are in violation of the CRPD and alternative options to funding community care should be further encouraged. The same problem applies to the Council of Europe Bank which has invested in new institutions. Transparency becomes an essential concern when dealing with funds, as lack of transparency and accountability makes it more challenging for civil society to ensure equal allocation and monitoring of the funds.

An infringement procedure should be initiated if a country that ratified the CRPD fails to comply with its provisions for establishing implementation and monitoring mechanisms. Failure of the state to establish implementation and monitoring mechanisms brings it into conflict with the Convention, but for a country not to have a National Human Rights Institution (NHRI) does not constitute a violation.

Those who want to help persons with disabilities can act in a discriminatory way; therefore there must be a clarification of terms and the term ‘participatory’ must become operationalised. An example of participatory approach is a person with disabilities sitting on an Advisory Panel; the panel

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should also include experts representing persons with disabilities, such as their parents. Inclusion and participation do not require huge expertise, but they are a matter of implementing the principles of the Convention about social accessibility and questions of planning. Participation is not only important for persons with disabilities but for other groups that are concerned with projects in their field.

There are cases of legal termination of life of disabled persons in EU Member States, and the Commission has to look into these cases. Article 25(F) of the Convention should apply in these cases but the EU Commission has no competency to deal with this matter. There are laws within Member States that need to be respected.

Social service providers have an important role in the process of change and they can support the implementation of human rights, therefore the CRPD pertains to them and it should be used by them.

5.3. Press release – access to justice

Many FRP organisations joined and developed a press release for the issue of campaigning across Europe. In the campaign workshop this was discussed and people were encouraged to sign up for justice for all. Please see: www.justice4all.org.uk.

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Closing remarks

The objective to show that the FRP is a tool to facilitate coordination and involvement in EU policies for civil society organisations was achieved. Civil society organisations moved closer to EU institutions and could ask questions of the European Commission and FRA experts, while at the same time the richness of the FRP responded to the request by the European Commission to liaise with a cross-cutting group of civil society organisations to be involved in the CRPD and Article 33 in particular. (Massimo Toschi, Civil Society Coordinator)

Morten Kjaerum, Director, FRA

The Director thanked the participants for creating small volcanoes with their interesting and challenging remarks and discussions, expressing the opinion that the triangle previously mentioned in the opening remarks was achieved. Firstly, the participants gained insight into the Agency’s work. Secondly, the Agency received an enormous amount of input. Thirdly, the networking was demonstrated not only in coffee breaks and lunches but also during the discussions in the plenary, which reflected the enormous diversity in the group. On the Agency’s part, there is a continuing amount of work to accomplish, and the Director remains committed to studying the input from the meeting and to looking further into what was discussed on the fundamental rights perspective of extreme poverty, participatory methodologies and the clashes of rights. On that final point, he mentioned the interrelation and interdependence of rights and that it is these different interests and perspectives that the Agency should further

explore. The Director commented in closing that the outcomes of the meeting would be brought to the Management Board for further discussion and he promised a follow-up.

“[…] “Active participation means for us to be able to give our expertise and to contribute to the development of policies and plans from the beginning.”Donata Vivanti, Vice-President, European Disability Forum (EDF)

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FOURTH ANNUAL MEETING OF

THE FUNDAMENTAL RIGHTS PLATFORM

Messe Wien Exhibition & Congress Center Messeplatz 1, Vienna

14-15 April 2011

THURSDAY, 14 APRIL

08.30 – 09.30 Registration and welcome coffee

09.30 – 09.45 WELCOME ADDRESSESMorten Kjaerum, Director of the FRAIlze Brands Kehris, Chairperson of the Management Board, FRA

09.45 – 11.15 ACCESS TO JUSTICE: “Bringing rights to life”. How civil society organisations can help victims to claim their rightsThis panel will discuss how civil society can further support and enhance paths to accessing justice. It will look at how civil society can complement existing mechanisms to lower the threshold to access for those deprived of their rights. It will explore advocacy models for change with the aim of stimulating ideas for better functioning of avenues to claim rights.

Panellists:• Carmen Rasquete, Portuguese Association for Victim Support – APAV • Michael Privot, Director, European Network Against Racism – ENAR • Marie-Cécile Renoux, Delegate to the EU, ATD Quart Monde• Andreas Krisch, President, European Digital Rights – EDRi

Moderator: Jonas Grimheden, Programme Manager - Legal Research, FRA

11.15 – 11.45 Networking coffee break

Plenary session I

Annexes

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11.45 – 12.00 KEYNOTE ADDRESS Ilze Brands Kehris, Chairperson of the Management Board, FRA

12.00 – 13.00 COOPERATION between the FRA and FRP The panel debate will examine what civil society is expecting from the FRA and what it would like the FRA to do.

Panellists:FRA representatives• Morten Kjaerum, Director, FRA• Aydan Iyiguengoer, Human Rights Education Coordinator FRA• Matteo Bonini Baraldi, Programme Manager Legal Research, FRA

FRP organisations:• Thomas Mueller, Child Helpline International• Joel Le Deroff, ILGA – Europe• Annica Ryngbeck, Social Platform

Moderator: John Kellock, Head of External Relations and Networking Department, FRA

13.00 – 14.30 TALKING TABLES/ LUNCHDuring lunch a number of tables will be dedicated to specific themes, such as human rights education, violence against women, rights of people with disabilities, rights of the child as well as cross-cutting issues. FRA experts working in the various areas will be available at each of the tables to respond to questions about the work of the FRA and to listen to your suggestions.

Workshops

14.30 – 18.00 THE FLOOR IS YOURS! Open Space DiscussionsThis session will invite interested FRP organisations to present ideas, projects or issues that are important to them and discuss these with FRA staff and other FRP organisations. A number of simultaneous workshops will be hosted throughout the venue. Outcomes from the Open Space Discussion will provide a valuable reference point for the work of the Agency.

18.00 RECEPTION

Workshops

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15 APRIL 2011

ary session II

9.00 – 9.30 Welcome coffee

9.30 – 10.00 KEYNOTE ADDRESS: EU Ratification of the UN Convention on the Rights of Persons with Disabilities (CRPD) – challenges and opportunities for civil society

Johan ten Geuzendam, Head of Unit Rights of persons with disabilities, DG Justice, European Commission

Questions and Answers

10.00 – 11.30 PARTICIPATION: the role of civil society organisations in the implementation of UN Human Rights Conventions - the example of the UN Convention on the Rights of Persons with Disabilities (CRPD)The purpose of this panel is to raise awareness about the CRPD. The CRPD offers an unprecedented opportunity and responsibility for civil society organisations to engage in the field of disability. The panel will discuss the role that all civil society organisations can play in the implementation of the Convention. In doing so, the panellists will focus on the notion of participation.

Panellists:• Gerard Quinn, Director, Centre for Disability Law and Policy, NUI Galway,

UN Working Group on CRPD• Donata Vivanti, Vice-President, European Disability Forum - EDF• Marianne Schulze, Chair of the Austrian CRPD Monitoring Commission• Raluca Verweijen-Slamnescu, Advocacy Advisor, SOS Children’s Villages

International

Moderator: Kasia Jurczak, Programme Manager - Social Research, FRA

11.30 – 12.00 CLOSING REMARKS AND PROPOSED FOLLOW-UP FOR THE FRA

Morten Kjaerum, Director, FRA

12.00 – 14.00 Networking lunch

Host of the meeting – Massimo Toschi, Networking and Civil Society Coordinator, FRA

Interpretation will be provided in English and French during plenary sessions and in one of the rooms of The Floor is Yours session.

Plenary session II

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European Union Agency for Fundamental Rights

Migrants in an irregular situation employed in domestic work: Fundamental rights challenges for the European Union and its Member States

2011 – 70 p. – 21 x 29.7 cm

ISBN 978-92-9192-686-2doi: 10.2811/22044

A great deal of information on the European Union Agency for Fundamental Rights is available on the Internet. It can be accessed through the FRA website at fra.europa.eu.

HOW TO OBTAIN EU PUBLICATIONS

Free publications:• via EU Bookshop (http://bookshop.europa.eu);• at the European Union’s representations or delegations. You can obtain their contact details on the Internet (http://ec.europa.eu) or by sending a fax to +352 2929-42758.

Priced publications:• via EU Bookshop (http://bookshop.europa.eu).

Priced subscriptions (e.g. annual series of the Official Journal of the European Union and reports of cases before the Court of Justice of the European Union):• via one of the sales agents of the Publications Office of the European Union(http://publications.europa.eu/others/agents/index_en.htm).

Title of the report

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HELPING TO MAKE FUNDAMENTAL RIGHTS A REALITY FOR EVERYONE IN THE EUROPEAN UNION

FRA - EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS Schwarzenbergplatz 11 - 1040 Vienna - AustriaTel: +43 (1) 580 30 – 60 - Fax: +43 (1) 580 30 – 693fra.europa.eu - [email protected]/fundamentalrightstwitter.com/EURightsAgency