EWLA Statement on the occasion of the Second Fundamental Rights Conference “Making Rights a Reality for All” of the EU Agency for Fundamental Rights(Stockholm, 10-11 December 2009. The statement was submitted by Professor Jackie Jones, EWLA's Secretary General representative at the Fundamental Rights Conference (in photo below).
The European Women Lawyers Association (EWLA) is grateful for the opportunity of contributing to the Second Conference on ‘Making Rights a Reality for All’ of the European Union Agency for Fundamental Rights with the Fundamental Rights Platform and presents the following
STATEMENT ON THE OCCASION OF THE SECOND FUNDAMENTAL RIGHTS CONFERENCE “MAKING RIGHTS A REALITY FOR ALL” OF THE EU AGENCY FOR FUNDAMENTAL RIGHTS
The European Women Lawyers Association (EWLA) pursues the co-operation of European women lawyers, both on an individual level and through national women lawyers associations, in order to combine their specific expertise in monitoring law and politics seen from the angle of fundamental rights, equality and non-discrimination. It acts on the European level as a pressure group to promote the effective guarantee of fundamental rights by means of law, as for instance by giving expert opinions to European institutions and by lobbying EU and national institutions, by proposing and even outlining drafts for EC/EU primary and secondary legislation, by informing and empowering people to claim their rights, by campaigning and by carrying out specific training programmes for legal practitioners in its fields of activities.
EWLA published numerous statements and resolutions on various topics including the European Constitution, the Charter and the EU Agency of Fundamental Rights (FRA), the Period of Reflection on the future of the EU, the drafting or amending of EU directives, gender-based violence, trafficking, reproductive rights, immigration etc. EWLA also participates in public hearings at EU and national levels. EWLA has actively supported the establishment of the EU Agency of Fundamental Rights and its Fundamental Rights Platform (FRP) and has been am member of the FRP since its inception (first represented by its Vice-President, Beate Rudolf, and henceforth represented by its Secretary-General, Jackie Jones).
General Comments on “Making Rights a Reality for All”: EWLA welcomes the EU Fundamental Rights Agency’s focus on ‘making rights a reality for all’.
The theme does not merely encompass awareness-raising among all in the European Union European citizens and non-citizens, but equally tries to ensure these rights are accessible for all in the EU. In particular it shifts the focus to effective access to justice and justiciable rights, that have as their core the values and aspirations as outlined in the most recent manifestation of human rights instruments in the EU: the European Charter of Fundamental Rights (but not limited to it). The core of that Charter, as well as all major international human rights instruments, is respect and protection of freedom, dignity and equality for all. Making these principles/values a reality that can be realized in a purposive way to the benefit of all human beings in the EU should be the primary goal. To that end, EWLA would like to suggest a fleshing out of the articles of the EU Charter of Fundamental Rights with positive, progressive and substantive rights that have meaning for all individuals within the European Union, especially those articles encompassing social and economic rights. EWLA believes this is particularly important in light of the 2020 strategy consultation document of the European Commission that scarcely mentions rights, focusing on economic issues instead. These two areas are not mutually exclusive, quite the reverse.
EWLA would like to point out that it is especially in times of crises and beyond that rights need to be made a reality for all. The 2020 draft strategy does mention ‘a greater emphasis on vulnerable groups, gender equality and social cohesion is needed to ensure that no one is excluded from knowledge.’ EWLA welcomes this but would like to see an expansion of this approach in order to ensure wide access to justice and rights.With respect to practical steps to “making rights a reality”, EWLA would like to suggest the following: • In the horizontal activity of “networking and stakeholder cooperation,”
EWLA underlines the Agency’s central position for bringing together key stakeholders to facilitate a stronger and more focused dialogue on fundamental rights. In this regards, the Agency should continue to ensure that the views of marginalized sectors and groups of society are heard. EWLA considers that the best way of achieving this result on a continuous basis is a strong cooperation with European networks focusing on such groups. •
In the horizontal activity of “human rights education and development,” training programmes should be developed for lawyers to enhance the use of fundamental rights within litigation in the thematic areas. Similarly, training programmes for judges should be developed in these areas so as to raise judges’ awareness for the impact of fundamental rights. Such training programmes should be carried out in cooperation with lawyers’ and judges’ organizations. The increased use of fundamental rights in litigation within the Agency’s thematic areas would also contribute to raising awareness among the general population. •
In the horizontal activity of “communication and awareness-raising,” EWLA welcomes the Agency’s determination to continue holding annual Diversity Days.
In addition, EWLA suggest that the Agency hold annual Fundamental Rights days so as to emphasise that the EU is a Union based on fundamental rights. Such events should be held annually. In addition, EWLA suggests that the Agency’s website contain links to the work of independent expert networks established by the European Commission, such as the Network of Legal Experts in Anti-Discrimination Law or the network of Legal Experts in the Field of Gender Equality.With respect to particular areas that may enable “making rights a reality for all”, EWLA would like to suggest the following:•
EWLA welcomes the new project “civic and political participation of immigrants on the EU” as participation is an essential element in furthering integration. EWLA suggests that the project not only focus on the rights of migrants, but that it also includes the social realities. In particular, the project should look into measures of also increasing, de facto, migrants’ participation. In this respect, it should in particular focus on empowering women migrants who, so far, have not been able to participate in the democratic process at the local level because of prevailing gender stereotypes in their communities. •
With respect to the new project “multiple and intersectional discrimination,” EWLA suggests a close cooperation of the Agency with the European Commission’s specialized expert networks (the Network of Legal Experts in Anti-Discrimination Law and the Network of Legal Experts in the Field of Gender Equality). Morever, the project should focus on women as victims of multiple and/or intersectional discrimination, as research shows that in all groups that are discriminated against, women suffer particularly.•
EWLA especially commends the Agency for its new project “Equal Justice: Exploring multiple discrimination.” This project rightly underscores that rights are only effective if there is nondiscriminatory access to justice. In this project, the effectiveness of the implementation of EU procedural rules, such as those on the burden of proof and locus standi of organisations to pursue the claims of victims of discrimination included in the anti-discrimination and gender equality directives should be carefully examined. In particular, the method of transposition and the frequency of application of these rules should be assessed with a view to formulating recommendations in this respect. Moreover, taking into account the financial crisis and the increasing social marginalisation of several sectors of the society, EWLA suggests that the focus of this project should be on access to justice in the field of social and economic rights.