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ECONOMIC AND SOCIAL RIGHTS WORKING GROUP
Strasbourg, 27 March 2017
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1. SECRETARIAT UPDATE Secretariat Staff GA Meeting, Zagreb 2016
Small Groups Discussions Working Group Policy ENNHRI GA November 2017 Operational Plan 2017 Working Groups Chairs meeting EU Charter Workshop, October 2017 GA Seminar
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1. SECRETARIAT UPDATE GA Meeting Geneva, March 2017 Strategic Planning
WG Annual Reports ENNHRI website members’ area GA Statement on Migration Strategic Planning Advisory Committee Membership Survey Situational Review WG input
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2. STRATEGIC PLANNING STRENGHT WEAKNESSES OPPORTUNITIES THREATS
ENNHRI as support to work on ESR at national level Regional voice (Turin Statement, European Pillar of Social Rights) Wg mtng regularly allow to identify gaps in capacity and targets in engagement Close cooperation WEAKNESSES Take/implement decisions at WG level (Staff capacity to engage their institution) Specific objectives OPPORTUNITIES Timely cooperation area in the regional and some/many national context ENNHRI as a support to make links with related thematics Povery and Human Rights as focus at different levels (national, …) Aftermath of economic crisis (no/little reduction of poverty) : opportunity for advocacy Opportunity for thematic comparative data colelction/sharing practices (eg housing, homelessness, role of municipalities) THREATS -
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3. DRAFT TERMS OF REFERENCE
WG NAME Economic Policy and ESR Economic, Social and Cultural Rights (by ref to the UN Covenant + 2 members working on it) WG BACKGROUND - Insert reference to impact of Economic policies on ESR (under 2.3) WG AIM Promote more effective engagement of members NHRI in addressing ESCR deficit / towards effectiveness of ESSR
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3. DRAFT TERMS OF REFERENCE
WG Objectives Promote NHRI cooperation including sharing of good practices Develop tools for more effectiveness in NHRI ESCR work 3) Develop strategic capacity building - Human Rights Impact Assessment - analysis of economic and social policies 4) Regional engagement/submissions
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3. DRAFT TERMS OF REFERENCE
WORKING PRACTICES WG MEMBERSHIP Chair (Deputy) Minimum 10 members WG DURATION SUB WORKING GROUPS
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4. PRIORITIES AFTER BELGRADE
CONVINCING STAKEHOLDERS GETTING A PROJECT STARTED DEVELOPING SKILLS STRENGHTENING OUTPUT
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. PRIORITIES AFTER BELGRADE
Start a Listserv to share ideas/learning Translate/Adapt existing tools Build up on example of good practices Case study template Create channel for practicing techniques Possible joint piece of work conducted across different NHRIs to improve monitoring skills .
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PRIORITISING ACTIONS FOR 2017
Which suggested topics have most relevance for your NHRI? Where is capacity building most needed? How could we have the greatest impacts on a national and regional level? How could capacity building be linked to other actions?
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ESR WG meeting October 2015 Methodological focus
Prioritised areas of work Strengthening NHRI capacity Advocacy at regional level Interaction with other ENNHRI work Creation of ENNHRI Working Group General Assembly Small Group December 2015
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1. Strengthening NHRI capacity
Actions agreed: Exchange information / practice Develop tools Dedicated NHRI training To be clarified: Priority topics Modalities Updates: NHRI Academy Platform training? DIHR / ICC training Relationship with CESR / FEANTSA
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Suggested Topics: Ratification and implementation
Enforcement and justiciability Human rights impact assessments Mainstreaming Monitoring, including cooperation Analysis of economic policies and taxation Accountability of international financial intuitions
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2. Advocacy at regional level
Actions agreed: European NHRIs strengthen message through ENNHRI Include advocacy towards EU and IFIs NHRIs could be included in the Turin Action Plan To be clarified: Priority areas Connections to capacity building Updates: Turin Process review Scope and use of EU Charter CDDH Drafting Groups Impact of Economic Crisis Social Rights
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3. Interaction with other ENNHRI work
Actions agreed: Cooperation to enhance capacity and impacts Access to those with expertise in relevant areas Consider Working Groups, Projects and Thematic Work To be clarified: Areas of most relevance Modalities Updates: Working Group policy Business and Human Rights work on procurement Charter training
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ENNHRI Work Areas Working Groups: Projects: Thematic Work:
Legal Working Group – third party intervention / guidelines on implementation / Charter / CDDH CRPD – monitoring, indicators Asylum and Migration – inclusion and integration BHR - procurement Projects: Older Persons in Long-term Care – standards, monitoring NHRIs in Situations of (Post) Conflict - TBC Thematic Work: Sustainable Development Goals – monitoring, indicators
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Meeting Objectives Clarify ENNHRI work (in 2016), if any:
Actions – realistic Consider requests for: DIHR / ICC training Platform Clarify position on Working Group Prepare for Platform meeting
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Prioritising Actions for 2016
Which suggested topics have most relevance for your NHRI? Where is capacity building most needed? How could we have the greatest impacts on a national and regional level? How could capacity building be linked to other actions?
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About the Turin Process
The “Turin Process” (2014) has been set out to reinforce the normative system of the European Social Charter within the Council of Europe and in its relationship with the EU law The background documents are the General Report of the Turin Conference and the Brussel’s document on the Future of the Protection of Social Rights in Europe. This Process targets to : Achieve the reinforcement of the European Social Charter Ensure a better implementation of the European Social Charter Promote the collective complaint procedure Enhance the synergy between EU law and the European Social Charter Improve information and communication on the European Social Charter
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About the Turin Process
Achieve the reinforcement of the European Social Charter Ensure a better implementation of the European Social Charter Promote the collective complaint procedure Enhance the synergy between EU law and the European Social Charter Improve information and communication on the European Social Charter
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Preliminary comments NHRIs mandate in the field of ESCR rests on many instruments, amongst which the European Social Charter NHRIs functions fully apply in the field of ESCR : Promotion and awareness raising Protection and individual assistance Monitoring Research and reporting Advising Governments and Parliaments Engagement with Regional/International Human Rights System Instruments : International Covenant on Economic Social and Cultural Rights, European Charter of fundamental Rights, European Convention of Human Rights… UN Committee on ESCR - General Comment n°10 (1998) on the role of NHRI in protecting and promoting ESC Rights
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Preliminary comments Through engagement in the Turin Process, NHRIs might get support for the fulfilment of their mandate and Through NHRIs fulfilment of their mandate in the field of ESR, the Turin Process will be reinforced National specificities Instruments : International Covenant on Economic Social and Cultural Rights, European Charter of fundamental Rights, … UN Committee on ESCR - General Comment n°10 (1998) on the role of NHRI in protecting and promoting ESC Rights
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1. Reinforcement of the Charter
State Actors Non State Actors ENNHRI Members Open a political debate on the Turin Process Awareness raising? Ratify the Revised Charter and/or all provisions Promote the ratification of the Revised Charter and/or all provisions Promote ratification of the Regional instruments?
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2. Better implementation of the Charter
State Actors Non State Actors ENNHRI Members Reinforcing framework implementation Charter + ECSR decisions/conclusions - NHRI training? (ES Charter + Advisory opinions) - Awareness raising? Advise Govment / Legislature Monitoring? Reporting? Work on impact indicators? Develop position on ad hoc advisory body? Integrate social rights in economic recovery plans, adapt social impact indicators (…) Seek advisory opinions from the ECSR if potential violations in the national legislative/ Implementation process Set up ad hoc advisory bodies concerning the implementation of the Charter and ECSR decisions/conclusions
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3. Collective Complaints Procedure
State Actors Non State Actors ENNHRI Members Ratify the Collective Complaints Protocol Encourage the states to ratify of the Collective Complaints Protocol NHRI training? Awareness raising? Ad hoc support? Third party interventions? (NHRI or ENNHRI) Promoting and Reporting? Inform social partners and NGOs about the CC procedure Inform and encourage social partners and NGOs about the CC procedure Encourage use of third party mechanism by NGOs Use the third party mechanism Systematically notify the steps taken to implement decisions of the ECSR
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4. Synergy between Charter and EU Law
State Actors Non State Actors ENNHRI Members Consult the ECSR during the legislative process Awareness raising? Synergies with EU Charter Dialogue with Parliament on an « early warning system »? Take Charter into account for EU Law Implement “early warning” procedures on compliance of national legislation with the Charter (National Parliaments)
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5. Information and Communication
State Actors Non State Actors ENNHRI Members Improve the visibility of the Charter and place it at the level of the ECHR Adapt communication to improve the visibility of the Charter and place it at the level of the ECHR NHRI training /capacity building? Awareness raising? NHRI trickle down effect… Promote training on the Charter for judges and experts Promote expert awareness and inform NGOs about the Charter and the CC procedure Collective Complaints Procedure Promote knowledge on the Charter and CC procedure among NGOs and citizens Promote knowledge on the Charter and CC procedure among NGOs and citizens
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6. Conclusions Position of ESR in Europe
Naturally within NHRIs’ mandate (eg) Complementarity with other instruments NHRI training or capacity building? National specificities (ratification/implementation) ENNHRI Statement in support of Turin Process
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Towards an ENNHRI Working Group??
What is an ENNHRI Working Group? Closer exchange and work on thematic area Member-led → Chair Flexibility Development of Working Group Policy Transparency, accountability, participation Interaction with General Assembly and Secretariat Flexibility retained where possible Considerations Member to lead work Review of policy Interaction with other work – Platform / ICC training
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Platform Meeting of October 2015
Achievements Reporting on each partner’s work and ideas for Platform Discussion of possible work areas Identification of priorities: Website / New tools / Training / Awareness raising Requirements Awareness of Platform partners Identification of common objectives Specificities of Platform and partners Concrete actions
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Thank you for your attention!
Do you have any question? ENNHRI Secretariat
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