EWLA Contribution in reply to the consultation with the Fundamental Rights Platform by the European Union Agency for Fundamental Rights on its Annual Work Programme 2010
The European Women Lawyers Association (EWLA) is grateful for the opportunity of
contributing to the Consultation of the European Union Agency for Fundamental Rights with
the Fundamental Rights Platform on its work programme for 2010.
General Information: Name of organization: European Women Lawyers Association (EWLA)
Policy area and main activities: Fundamental Rights, Equality and Non-Discrimination.
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. It acts on the European level as a pressuregroup 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 Agency of Fundamental Rights of the EU, 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.
Contact Person: Prof. Dr. iur. Beate Rudolf, EWLA Vice-President
Address: Ave. Louise 486 Bte. 3, B-1050 Brussels, Belgium
Telephone Number: + 32 (0) 2 648 98 50 (Headquarter), + 49 (0) 30 340 92 892 (Prof. Dr. B. Rudolf)
e-mail: Germany@ewla.org General Comment on Overall Structure, Content, and Approach Adopted by the Agency: · EWLA fully agrees with the Agency’s approach that the scope of the chapters on “dignity” and “solidarity” of the Fundamental Rights Charter are included within the work of various projects. In particular, EWLA considers dignity and solidarity rights as falling within the thematic areas of “asylum, immigration, and integration of migrants,” of “equality,” and of “access to justice.” Solidarity rights are of utmost importance for European citizens and migrants alike as they form the basis of a life in dignity and autonomy. These rights must be guaranteed and realized without discrimination, and individuals as well as organisations acting on their behalf must have effective access to independent justice in cases of alleged violations and obtain effective judicial control of compliance with fundamental rights by both State authorities and individuals, as well as the imposition of real and effective sanctions.
· As concerns the overall structure of the work programme, EWLA would like to emphasise that, as any Community organ, the Agency is bound by Article 3(2) EC, according to which the “Community shall aim to eliminate inequalities, and to promote equality, between men and women” in all its activities. Therefore, EWLA is of the opinion that the Work Programme must contain a clear reference to this obligation in the introductory chapter 1.
Comments on Ongoing Projects and Activities: With respect to ongoing projects of the FRA, 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 not be limited to the (possible) entry into force of the Treaty of Lisbon and the Charter of Fundamental Rights, since some member states intend to restrict its application to them; instead, they 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 on Gender Equality.
Comments on New Proposals for Projects and Activities: With respect to the new projects envisaged by the Agency in the draft Work Programme, EWLA
would like to submit the following comments:
· In general, the new projects are well chosen. With respect to the project “safeguards for and knowledge concerning processing of personal data,” EWLA would like to add that efficient protection of personal data not only requires the public’s awareness of its rights, but also an awareness of the sensitivity of personal data on the part of those storing and using the data(public and private actors alike). Therefore, the project should include this aspect as well.
· 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 on Gender Equality).
· 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.
Concerning the horizontal activities relating to the new projects, EWLA reiterates it suggestions made with respect to the ongoing activities
10 February, 2009
Contribution2010.pdf |
EWLA Contribution to the consultation by the European Union Agency for Fundamental Rights with the Fundamental Rights Platform on its Annual Work Programme 2010 |