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of the Fundamental Rights Agency with Civil Society, Brussels, 10-11 December 2007
The European Women Lawyers Association (EWLA) presents the following statement on the occasion of the Consultative Meeting of the European Union Agency for Fundamental Rights with Civil Society on the Setting up of the Fundamental Rights Platform (Brussels, 10-11 December 2007).
Having regard to
· the Council Regulation establishing a European Union Agency for Fundamental Rights,
· the Proposal for a Council Decision implementing Regulation (EC) No 168/2007 as regards the adoption of a Multiannual Framework for the European Union Agency for Fundamental Rights for 2007-2012,
· EWLA’s First Comments (of 25 April 2006) regarding the establishment of a European Union Agency for Fundamental Rights, EWLA General Assembly Resolution (of 20 May 2006) on the Future of Europe and Fundamental Rights, its contribution to the first public consultation launched by the Fundamental Rights Agency in April/May 2007, and its statement (of 29 November 2007) to the European Parliament on the FRA Multiannual Framework,
· and drawing on the 12 contributions of EWLA to the Convention, its 3 appeals to the Intergovernmental Conference of 2004 regarding the Draft Constitutional Treaty, its Resolutions on the Future of Europe of 2005 and 2006, its Position “Reflection Period” on the Future of Europe (of 6 December 2005), and its General Assembly Resolution on the Future of the Constitutional Framework of the European Union of (of 12 May 2007),
EWLA welcomes
· the decision of the Fundamental Rights Agency (FRA) to hold a consultative conference for civil society stakeholders on the setting up of the Fundamental Rights Platform;
EWLA emphasises that
· the respect for all fundamental rights and freedoms is the foundation of the EU, since they form part of the common constitutional traditions of the EU member states;
· all EU institutions are bound, by Article 3(2) EC, to actively promote gender equality, and hence have to apply a gender perspective in all their activities, including the examination of the respect for all human rights by EU legislation and by the member states, particularly when implementing EU law;
· the working methods of the Platform must ensure the fulfilment of this obligation;
· involving civil society in the work of the FRA is indispensable for bringing European citizens nearer to the Union;
· the representation of civil society organisations on the Fundamental Rights Platform must take into account that women are neither a group nor a minority, but one of the two forms of the human being and more than half of the European population.
Therefore, EWLA proposes with respect to the working methods of the Platform that
· the selection of the organizations participating in the Platform be based on their expertise in human rights and equality, their work done in human rights, their representativity, and the demonstration of gender-awareness in their activities;
· the Platform hold two annual meetings, one to make suggestions for the FRA work programme, including, from the second year onwards, feed-back on the FRA annual report and proposals for follow up, and a second meeting to discuss current problems encountered both by the FRA and by the members of the Platform and to develop recommendations so as to adapt their respective activities;
· the Platform serve as a mechanism for enhancing exchange of information and pooling of knowledge between FRA and civil society stakeholders by
o an open website permitting the FRA and organizations participating in the Platform to inform each other on best practices;
o a restricted website permitting organizations participating in the Platform to inform the FRA on current problems in a specific thematic area or in a particular member state;
o establishing thematic round tables in accordance with the FRA’s Multiannual Framework, keeping in mind the horizontal obligation of the FRA pursuant to Article 3(2)EC;
· civil society contribute to the FRA’s policy development activities by
o giving feed-back on their experience with the implementation of FRA policy recommendations and on difficulties encountered;
o participating in expert meetings organized by the FRA, which are based on NGO's discussion papers and which aim at producing policy recommendations;
· civil society organizations cooperate with the FRA in promoting dialogue and awareness raising by
o organizing conferences for the general public and the specific target groups of the respective NGO (e.g. social groups, jurists) to inform them of the activities of the FRA as well as the applicable European law and procedures to ensure respect for human rights, including gender equality;
o disseminating the results of these conferences to their members by their internal publications and the general public via the media;
o participating, both as trainers and, if if necessary trainees, in FRA traineeships in the area of expertise of the respective NGO.
EWLA calls upon the FRA and the Platform to bear in mind, in their substantive work, that
· the powers of the FRA extend to all fundamental rights and freedoms, which include all the rights enumerated in the EU Fundamental Rights Charter, as proclaimed in Nice, as well as the rights laid down in the European treaties and elaborated by case law of the ECJ, the European Convention on Human Rights and the European Social Charter;
· the FRA and the Platform are bound, by Article 3(2) EC, to apply a gender perspective in all their activities.
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