The European Parliament adopted by 456 votes to 138,
with 104 abstentions, a resolution on the situation of fundamental
rights in the European Union in 2015.
The resolution 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.
Parliament reiterated that human dignity is the
inviolable foundation of all fundamental rights and should not be
subject to any instrumentalisation, that it must be respected and
protected in all EU initiatives.
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.
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 in some Member
States, the use of enhanced interrogation techniques, and systemic
corruption. Parliament called on the Commission to start
infringement procedures whenever a Member State breaches the
Charter when implementing EU law. It also recalled that fundamental
rights should be included as part of the impact assessment
for all legislative proposals.
Migration, integration and social
inclusion: Parliament recalled that
saving lives is an act of solidarity with those at risk, but it is
also a legal obligation.
Members considered that the social inclusion and
integration of migrants and refugees granted international
protection in the host society 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 coordinated 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;
- promote intercultural and inter-religious tolerance
through strengthened dialogue;
- 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
Parliament 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; a European early
warning and response system should be strengthened to identify
individuals that are at high risk of radicalisation;
- EU law enforcement agencies should step up their
efforts to target criminal trafficking networks and
facilitators, paying special attention to crimes against
children. Both Member States and relevant EU agencies, such as
Europol, should be supported in their efforts. 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 and
Member States should review national mental health catalogues and
to develop alternative stigma-free access models ensuring that
medically necessary treatment remains available for all trans
people.
Members went on to note the rise in
Euroscepticism, and in the expression of violent
political views, with great concern. They 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, Parliament
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.