The Committee on Civil Liberties, Justice and Home
Affairs adopted the own-initiative report by József NAGY (EPP,
SK) on the situation of fundamental rights in the European Union in
2015.
The report noted that whilst the Charter of
Fundamental Rights became a fully-fledged component of the
Treaties, fundamental rights violations do occur in the EU and
its Member States, as pointed out in reports by the Commission,
the Fundamental Rights Agency (FRA), the Council of Europe and the
UN, and by NGOs.
Rule of Law:
noting that the rule of law is the backbone of
European liberal democracy and a prerequisite for the protection of
the fundamental rights, Members reiterated their call for the
establishment of a Union Pact on Democracy, Rule of Law and
Fundamental Rights, which should consist of an annual report
with country-specific recommendations, and replace the Cooperation
and Verification Mechanism for Romania and Bulgaria. They also
placed some emphasis on freedom of expression, information and the
media and called for consideration of the possibility of setting up
a whistle-blower protection scheme and providing safeguards for
journalists´ sources. They also expressed concern regarding
prison conditions, the use of enhanced interrogation techniques,
and systemic corruption.
Migration, integration and social
inclusion: Members considered that
the social inclusion and integration of migrants and refugees
is part of a dynamic and multi-dimensional
process (involving rights and obligations) where respect
for the values upon which the EU is built must be an integral part,
as must respect for the fundamental rights of those concerned; this
represents a challenge and an opportunity that requires
efforts and an assumption of responsibilities by all
parties.
In this policy area, Member States were asked
to:
- apply integration policies as swiftly as possible
and with adequate dedicated resources;
- respect international and EU law, as well as the
Charter of Fundamental Rights, when carrying out border guard
actions and asylum proceedings;
- devote sufficient resources to create safe and legal
routes for asylum seekers in order to undermine the business model
of trafficking networks and smugglers;
- guarantee reception conditions that do not deprive
people of their fundamental rights to a dignified standard of
living and to physical and mental health;
- refrain from inciting fear and hatred among their
citizens towards migrants and asylum-seekers for political gain;
develop positive campaigns aimed at helping citizens approach
integration in a better way;
The report also raised the following
issues:
- any system of indiscriminate mass surveillance
constitutes a serious interference with the fundamental rights of
citizens, and any legislative proposal in the Member States related
to surveillance capabilities of intelligence bodies should
always comply with the Charter. The Commission was asked closely to
monitor the compliance of such legislative developments with the
Treaties;
- the Commission should support the Member States in
their efforts to prevent radicalisation and violent
extremism, which must centre on promoting European values,
tolerance and community, without stigmatization;
- EU law enforcement agencies should step up their
efforts to target criminal trafficking networks and
facilitators, paying special attention to crimes against
children. In addition, the EU Strategy should strengthen measures
to prevent the consumption of goods produced, and services
provided, by victims of trafficking in human beings;
- the Commission and the Member States should intensify
work on exchanging best practices, and strengthen their
cooperation in combating racism and xenophobia in the form
of Afrophobia, anti-Gypsyism, anti-Semitism, Islamophobia and
anti-migrant sentiment, as well as homophobia, transphobia and
other forms of intolerance, with full inclusion of civil
society;
- many improvements are still needed to combat
violence against women and girls, and the Commission and Member
States should review existing legislation, and fully
implement Directive 2011/99/EU on the European Protection
Order;
- child poverty rates remain high in the EU, and the number of minors living in poverty
is increasing; Member States should step up their efforts to tackle
child poverty and social exclusion through effective implementation
of the Commission’s Recommendation ‘Investing in
children: breaking the cycle of disadvantage’, and through
integrated strategies supporting access to adequate
resources;
- on minority rights, the Commission should
establish a policy standard for the protection of minorities, as
protection of these groups is part of the Copenhagen criteria.
Member States should ensure that their legal systems guarantee that
persons belonging to a minority are not discriminated against, and
implement targeted protection measures based on relevant
international norms;
- the EU and its Member States should take measures to
ensure that all persons with disabilities may exercise all
the rights enshrined in treaties and EU legislation. A human
rights-based approach to disability is not yet fully endorsed,
resulting in discrimination against those with disabilities in
the EU. Members urged Member States to align their legal frameworks
with the UN Convention on the Rights of Persons with Disabilities
(CRPD) requirements;
- the EU should be actively involved in the UN
Open-Ended Working Group on Ageing, and to step up their efforts to
protect the rights of older people;
- discrimination of Roma in the areas of labour, housing, education, health,
access to justice or any other domain is unacceptable and harmful
to EU society; Member States and regional and local authorities
should, in the light of the Commission’s Report on the
implementation of the EU Framework for National Roma Integration
Strategies 2015, implement fully their own national Roma
strategies, and to put in place specific measures to
fight racial discrimination against Roma;
- the Commission should monitor proper transposition and
implementation of EU legislation relevant to
LGBTI.
The committee went on to note the rise in
Euroscepticism, and in the expression of violent
political views, with great concern. It urged the EU and
its Member States to strengthen the participation of citizens
– especially young people and civil society
organisations – in EU matters, so that Europeans can
voice their concerns and express their opinions through
democratic channels.
Lastly, on digital rights, Members considered it
essential to familiarise the public, in particular children, with
the importance of personal data protection, including in
cyberspace, and the potential risks to which they are exposed,
especially in the light of rapid technology developments and
increasing cyber-attacks.