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Dr Jonas Grimheden Senior Policy Manager Freedoms and Justice dep’t
European control mechanism on the rule of law and fundamental rights - FRA’s Opinion Dr Jonas Grimheden Senior Policy Manager Freedoms and Justice dep’t
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FRA Opinion of 8 April 2016 Requested by the European Parliament
“on the development of an integrated tool of objective fundamental rights indicators able to measure compliance with the shared values listed in Article 2 TEU based on existing sources of information” The EU’s independent fundamental rights agency Experience with indicators in measuring fundamental rights
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Five opinions Recognising international human rights as a central and overarching element Capturing commitments, efforts and results in an Article 2 context Populating indicators and providing context using United Nations and Council of Europe data and information Populating indicators and providing context using EU and national data and information Operationalising existing data through an EU fundamental rights information system to populate indicators and generate regular synthesis reports
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1 Values as listed in Article 2 TEU Equivalence in the Charter
International, European and EU monitoring mechanism Comparability Human dignity Human dignity (Title I) CCPR CPT fairly good Freedom Freedoms (Title II) ECtHR ECtHR fairly good Democracy Citizens’ rights (Title V) (CLRA); (ECtHR) Equality Equality (Title III) ECRI The rule of law Justice (Title VI); Citizens’ rights (Title V) ECtHR, CCPR Respect for human rights All titles of the Charter UPR? FRA fairly/very good Rights of persons belonging to minorities FCNM, CCPR, (ECtHR) Pluralism ECRI, CRPD, etc Non-discrimination ECRI, CRPD, CEDAW, etc FRA fairly good Tolerance OSCE Justice Justice (Title VI) ECtHR, CCPR, CPT, CAT Solidarity Solidarity (Title IV) ECSR, ILO ECSR very good Equality between women and men CEDAW, EIGE EIGE fairly good Source: First two columns based on European Union Agency for Fundamental Rights, Fundamental rights: challenges and achievements in 2013 – Annual report 2013 (2014), p. 10.
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2 Structural Process Outcome Commitment Effort Results Duty bearers
Legal, policy and institutional framework Commitment Commitment to international human rights law Legislation in place Policies, strategies, action plans, guidelines, adopted Institutional framework Complaint and support mechanisms exist Duty bearers Process Policy implementation, effectiveness of complaints and support systems Effort Budgetary allocations Implementation of policies, strategies action plans, guidelines, etc Effectiveness of complaint and support mechanisms Duty bearers Outcome Situation on the ground – rights realised in practice Results Actual awareness of rights Actual impact of policies and other measures Actual occurrence of violations Rights holders
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3 UPR ECtHR ECtHR CJEU PETI EO CJEU UN Council of Europe
Monitoring of state reports, assessment through UPR Treaty bodies UPR Council of Europe Monitoring bodies ECtHR ECtHR Individual complaints European Union Individual complaints Complaint CJEU PETI EO ECHR Protocol 16 CJEU Complaint Petition Petition RPRs National
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Monitoring mechanisms relevant for the EU
3 Monitoring mechanisms relevant for the EU United Nations OSCE Council of Europe European Union National UPR HCNM ECtHR EO NHRIs Special procedures Representative on Freedom of the Media ECSR PETI – EP Equality bodies HR Cttee (CCPR) Representative THB ECRI CJEU DPAs CESCR Representatives on tolerance and non‑discrimination GRETA FRA Ombudspersons CERD Representative on combating antisemitism FCNM EDPS Courts CEDAW ODIHR ECRML EIGE Complaint bodies CAT CPT Local and regional SPT Lanzarote CRC Venice Cssn CMW Grevio CLRA CRPD GRECO SG Demo, HR, RoL CED HR Council procedures Commissioner MONEYVAL More comparative
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3 Commitment to 9 core United Nations conventions (and respective individual complaints mechanism), EU28 Includes: 9 core conventions + Individual complaints (protocols or built in) Full list at:
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3 Percentage of non-conformity with accepted provisions of either of the two versions of the European Social Charter, by EU MS and with EU average (2015) Croatia did not submit a report in time
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3+4+5 Remaining Opinions Capture Outcome level with surveys of rights-holders’ experience (3) Also EU and national data (4) EU fundamental rights data and information system (5) Synthesis report EU Strategic Framework, including policy cycle (proposed in 2013 Annual report)
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