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Fundamental Rights: Challenges and Achievements in 2014

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Fundamental Rights: Challenges and Achievements in 2014 Acronyms ECHR European Convention on Human Rights CJEU Court of Justice of the European Union (CJEU is also used for the time predating the entry into force of the Lisbon Treaty in December 2009) ANNUAL REPORT EASO European Asylum Support Office ECRI European Commission against Racism 2014 and Intolerance ECtHR European Court of Human Rights EDPS European Data Protection Supervisor ESIF European Structural and Investment Funds EU European Union EU-MIDIS European Union Minorities and Discrimination Survey FRA European Union Agency for Fundamental Rights FRANET Network of Legal and Social Science Experts (FRA) LGBT Lesbian, gay, bisexual and transgender NHRI National Human Rights Institute NGO Non-governmental organisation OSCE Organization for Security and Co-operation in Europe TEU Treaty on European Union TFEU Treaty on the Functioning of the EU UN United Nations Fundamental rights: The FRA highlights the titles of the EU Charter of Fundamental Rights by using challenges and the following colour code: achievements in 2014 Dignity Freedoms Equality Solidarity Citizens’ rights Justice 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. Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) Certain mobile telephone operators do not allow access to 00 800 numbers or these calls may be billed. Cover picture: iStockphoto; European Commission; OSCE (Milan Obradovic) More information on the European Union is available on the Internet (http://europa.eu). FRA – European Union Agency for Fundamental Rights Schwarzenbergplatz 11 – 1040 Vienna – Austria Tel. +43 1580 30-0 – Fax +43 1580 30-699 Email: [email protected] – fra.europa.eu Luxembourg: Publications Office of the European Union, 2015 ISBN 978-92-9239-870-5 (online version) ISBN 978-92-9239-872-9 (print version) doi:10.2811/320597 (online version) doi:10.2811/262355 (print version) © European Union Agency for Fundamental Rights, 2015 Reproduction is authorised, except for commercial purposes, provided the source is acknowledged. Printed in Italy Printed on process chlorine-free recycled paper (PCF) Fundamental rights: challenges and achievements in 2014 Foreword For the European Union, the European Parliament elections and the appointment of a new European Commission marked the year 2014. At the end of the year, we celebrated the fifth anniversary of the Treaty of Lisbon, which means the Charter of Fundamental Rights of the European Union (EU) has also been in force for five years. In light of this, the very last chapter of this reshaped FRA Annual report is dedicated to the EU Charter of Fundamental Rights and the use Member States make of it. As in previous years, the Annual Report begins with a focus section. This year, it hones in on fundamental rights indicators – one of the tools presented in the focus section of the 2013 report that could be used to enhance the fun- damental rights commitments of the EU and its Member States. It examines how a rights-based indicator framework could support relevant actors in policy evaluation and design, thus consolidating Europe’s fundamental rights culture and helping to guarantee that fundamental rights are upheld in practice. The other chapters discuss equality and non-discrimination; racism, xenophobia and related intolerance; Roma inclu- sion; asylum, visas, migration, borders and integration; information society, data protection; rights of the child; and access to justice including the rights of victims of crime. Looking at this year report, the reader will see several changes: the report has been significantly shortened and streamlined to meet our stakeholders’ expectations who, over the past years, have provided such valuable feedback on and recognition of our annual report. The selection and title of the chapters still reflect the thematic areas of the agency’s Multiannual Framework – a list of priority areas the Council of the European Union determines. Each chapter focuses on just three key issues related to its topic, contains a timeline of developments during the year, identifies promising practices, and ends with a list of FRA evidence-based conclusions that can thereafter be used to inform the political debate on a given topic. As in past years, we would like to thank the FRA Management Board for its diligent oversight of the Annual report from draft stage through publication, as well as the FRA Scientific Committee for its invaluable advice and expert support. Such guidance helps guarantee that this important FRA report is scientifically sound, robust and well- founded. Special thanks go to the National Liaison Officers for their comments on the draft, thereby improving the accuracy of EU Member State information. We are also grateful to various institutions and mechanisms, such as those established by the Council of Europe, which continue to provide valuable sources of information for this report. Frauke Lisa Seidensticker Constantinos Manolopoulos Chairperson of the FRA Management Board Director a.i. 3 The FRA Annual report covers several titles of the Charter of Fundamental Rights of the European Union, colour coded as follows: EQUALITY Equality and non-discrimination Racism, xenophobia and related intolerance Roma integration Rights of the child FREEDOMS Asylum, borders, immigration and integration Information society, privacy and data protection JUSTICE Access to justice, including rights of crime victims Contents FOREWORD ............................................................................................................................................................................. 3 INTRODUCTION ...................................................................................................................................................................... 7 MAINSTREAMING FUNDAMENTAL RIGHTS: FOCUS TURNING WORDS INTO ACTION .............................................................................................................................. 11 1 EQUALITY AND NON-DISCRIMINATION ...................................................................................................................... 27 1.1. Countering discrimination requires strong cooperation between all relevant actors .................................... 27 1.2. Using the targeted investment of EU funds to foster social inclusion .............................................................. 29 1.3. Fulfilling the promise of the CRPD remains a challenge ..................................................................................... 32 FRA conclusions .................................................................................................................................................................. 41 Index of Member State references .................................................................................................................................. 43 Endnotes .............................................................................................................................................................................. 44 2 RACISM, XENOPHOBIA AND RELATED INTOLERANCE .............................................................................................. 49 2.1. Implementation of the EU acquis in combating racism, xenophobia and ethnic discrimination .................. 49 2.2. Racism, xenophobia and ethnic discrimination persist in the EU ...................................................................... 50 2.3. Improving the recording and encouraging the reporting of hate crime ........................................................... 56 FRA conclusions .................................................................................................................................................................. 63 Index of Member State references .................................................................................................................................. 64 Endnotes .............................................................................................................................................................................. 65 3 ROMA INTEGRATION .................................................................................................................................................... 71 3.1. Moving forward with Roma integration ................................................................................................................ 71 3.2. “What gets measured gets done”: towards rights-based indicators on Roma integration .......................... 75 FRA conclusions .................................................................................................................................................................. 76 Index of Member State references .................................................................................................................................. 78 Endnotes .............................................................................................................................................................................. 79 4 ASYLUM, BORDERS, IMMIGRATION AND INTEGRATION .......................................................................................... 85 4.1. Emergency at borders continues ...........................................................................................................................
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