Cour de justice de l’Union européenne : Arrêt dans l'affaire NH/Associazione Avvocatura per i diritti LGBTI – Rete Lenford

Date of article: 23/04/2020

Daily News of: 24/04/2020

Country:  EUROPE

Author:

Article language: fr

Link : https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-04/cp200048fr.pdf

Langues : bg es cs da de et el en fr hr it lv lt hu mt nl pl pt ro sk sl fi sv

Cour de justice de l’Union européenne

COMMUNIQUE DE PRESSE n° 48/20

Luxembourg, le 23 avril 2020
Arrêt dans l'affaire C-507/18

NH/Associazione Avvocatura per i diritti LGBTI – Rete Lenford  
 
Des déclarations homophobes constituent une discrimination en matière d’emploi et de travail lorsqu’elles sont prononcées par une personne qui a ou peut être perçue comme ayant une influence déterminante sur la politique de recrutement d’un employeur
Dans un tel cas, le droit national peut prévoir qu’une association a le droit d’agir en justice pour obtenir réparation des dommages, même si aucune personne lésée n’est identifiable
Dans l’arrêt Associazione Avvocatura per i diritti LGBTI (C-507/18), rendu le 23 avril 2020, la Cour a jugé que des déclarations effectuées par une personne au cours d’une émission audiovisuelle, selon lesquelles jamais elle ne recruterait ni ne ferait travailler de personnes d’une certaine orientation sexuelle dans son entreprise, relèvent du champ d’application matériel de la directive 2000/78 1 (ci-après la « directive “antidiscrimination” »), et plus particulièrement de la notion de « conditions d’accès à l’emploi [...] ou au travail », au sens de l’article 3, paragraphe 1, sous a), de cette directive, et ce même si aucune procédure de recrutement n’était en cours ou programmée lorsque ces déclarations ont été effectuées, à condition, toutefois, que le lien entre lesdites déclarations et les conditions d’accès à l’emploi ou au travail au sein de l’entreprise ne soit pas hypothétique.

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ENNHRI webinar on the rights of older people

Date of article: 20/04/2020

Daily News of: 24/04/2020

Country:  EUROPE

Author:

Article language: en

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Part of the discussion will focus on human rights implications of COVID-19 for older people.

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IOI Ombudsman News 17/2020

Date of article: 24/04/2020

Daily News of: 24/04/2020

Country:  WORLD

Author:

Article language: en


   
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COVID-19: How are National Human Rights Institutions in Europe responding?

Date of article: 24/04/2020

Daily News of: 24/04/2020

Country:  EUROPE

Author: European Network of National Human Rights Institutions

Article language: en

NB: In order to read the full article, click on Read more.

 

As the outbreak of coronavirus (COVID-19) continues to spread, it is important that governments keep human rights and fundamental freedoms at the heart of measures to combat the pandemic. Through their mandate to promote and protect human rights, National Human Rights Institutions (NHRIs) play a crucial role in ensuring that human rights are not forgotten in such uncertain times. Here is how some NHRIs across Europe are responding to the situation.

Albania ‒ Armenia ‒ Austria ‒ Azerbaijan ‒ Belgium ‒ Bosnia and Herzegovina ‒ Bulgaria ‒ Croatia ‒ Cyprus ‒ Czech Republic ‒ Denmark ‒ Finland ‒ France ‒ Georgia ‒ Germany ‒ Great Britain ‒ Hungary ‒ Ireland ‒ Latvia ‒ Lithuania ‒ Luxembourg ‒ Moldova ‒ Montenegro ‒ Netherlands ‒ Northern Ireland ‒ Norway ‒ Poland ‒ Portugal ‒ Russian Federation ‒ Scotland ‒ Serbia ‒ Slovakia ‒ Slovenia ‒ Spain ‒ Turkey ‒ Ukraine

Statements from partners

Albania

The Albanian NHRI (Office of the Ombudsman of Albania) has welcomed measures to restrict the circulation of citizens to stop the spread of the coronavirus, but called for government accountability. In particular, it highlighted the risks of emergency measures being misused to suppress the democratic essence of society. The Ombudsman called for humanity and understanding from authorities and the avoidance of extreme measures when they are unnecessary.

Read the statement (Albanian)
See also:
– Article on Risk Intensification Of Violence Against Women In Conditions Of Isolation Imposed By Covid-19 (Albanian)

Armenia

The Armenian NHRI (Office of the Human Rights Defender of the Republic of Armenia) has issued a note outlining advice to the public in relation to the outbreak of coronavirus in the country. For example, it includes points about adhering to virus prevention requirements, exercising caution regarding the circulation of false information and respecting people’s personal data, among others. The NHRI also published a guide on frequently asked questions about Coronavirus and human rights in the state of emergency (English; Russian; Yazidi and Kurdish: latin words, cyrillic; Assyrian; Hindi)

Read the statement (Armenian)
See also:
– Recommendations on laws restricting the privacy of correspondence and other rights
– Article on monitoring of the situation with regard to domestic violence during the State of Emergency

Austria

The Austrian NHRI (Austrian Ombudsman Board) has published a note addressing the main legal implication of the coronavirus outbreak in the country. In the note, the Austrian Ombudsperson, Bernhard Achitz, and law professors, Martin Spitzer and Harald Eberhard, answer a number of legal questions concerning private law, damages and compensation, as well as the new restrictions’ impact on fundamental rights.
 
Read the statement (German)
See also:
– Frequently Asked Questions around Covid-19 restrictions (German)

Azerbaijan

The Azerbaijani NHRI (Office of the Commissioner for Human Rights of the Republic of Azerbaijan) has issued a statement addressed to the nation, emphasising the necessity of the government’s measures to contain the outbreak and protect the health of the population, including the elderly, children and people with disabilities as among the most vulnerable. The NHRI has also donated to a fund to support the fight against coronavirus.

Read the statement
See also:
– Statement on the rights of migrants
– Statement on child rights protection during the COVID-19 outbreak
– Statement on the rights of people deprived of their liberty 
– Video to support the awareness raising national campaign #StayAtHome

Belgium

In Belgium, Unia, Myria* and the Combat Poverty, Insecurity and Social Exclusion Service* have issued a joint statement welcoming the policy to combat the pandemic but expressing concerns about the potentially negative consequences of the protective measures in certain situations. The statement particularly emphasises the situation of parents of disabled children placed in institutions, people in need of international protection and people living in poverty and insecurity. The Combat Poverty Service has also released a separate statement on the particular issues facing people living in poverty and insecurity.

Read the joint statement (Dutch, French)
Read the statement from Combat Poverty Service (Dutch, French)
See also:
– Unia’s open letter on the right of housing for healthcare workers (Dutch, French)
– Combat Poverty Service’s Overview of COVID-19 measures, in support of situations of poverty and precariousness (Dutch, French)

Bosnia and Herzegovina

The NHRI of Bosnia and Herzegovina (Office of the Ombudsmen of Bosnia and Herzegovina) issued a press release urging citizens to strictly adhere to the instructions issued by authorities and reduce their movement. The statement also urged those responsible to ensure full pay for private sector employees, and expresses special appreciation for health and social services.

Read the statement
See also:
– Recommendations on the protection of human rights of vulnerable categories of citizens
– Recommendations for Action By Those Charged With Increased Risk of Domestic Violence Due to Isolation Measures to Combat The Covid-19 Pandemic
– Recommendations regarding the publication of all decisions of the competent authorities during an emergency

Bulgaria

The Bulgarian NHRI (Office of the Ombudsman of the Republic of Bulgaria) has published a note outlining the Ombudsman’s position on the announcement of a coronavirus emergency. It highlights that, even if extraordinary measures may temporarily restrict the exercise of individual rights of citizens, the constitutional text guarantees that respect for fundamental human rights remains a priority.

Read the statement (Bulgarian)
See also:
– Ombudsman’s opinion to the Legal Commission (Bulgarian)
– Recommendation to the Minister of Health (Bulgarian)
– Recommendation on access of citizens to mobile and fixed services during the state of emergency (Bulgarian)
– Recommendation to Credit Companies for more flexibility under the state of emergency (Bulgarian)
– Ombudsman’s letter to the Minister of Education (Bulgarian)
– Recommendation to Energy and Water Regulatory Commission  (Bulgarian)
– Recommendation to CEO of the heating utility company on citizens’ needs during the pandemic
– Ombudsman’s opinion to the Ministry of Justice on the draft amendment to the Domestic Violence Protection Act (Bulgarian)

Croatia

The Croatian NHRI (Office of the Ombudswoman of Croatia) is closely monitoring the state of human rights during the coronavirus pandemic, including the imposed restrictions of the right to privacy and freedom of movement, as well as the protection of the vulnerable groups such as older and homeless persons, those living in the rural areas and Roma. The Ombudswoman has also called on citizens to act responsibly and respect all measures and recommendations given by the epidemiologists. 

Read the article 
See also articles on:
– Amendments to the Electronic Communications Act
– Prevention measures within the prison system
– The fundamental value of equality during the COVID-19 Pandemic
– Practices that constitute discrimination
– Protection of citizens in uncertain housing situation, Homeless during the coronavirus epidemic
– Impact of COVID-19 on Roma Population
– The right to safe and drinkable water during the COVID-19 pandemic
– Importance of upholding human rights during times of emergency
– Importance to protect the rights of older people during the pandemic
– OHCHR’s guidelines on human rights in the context of the pandemic
– Updates on the investigations on possible violation of rights of older people in a retirement home

Cyprus

The NHRI of Cyprus (Office of the Commissioner for Administration) has issued a statement on the measures for persons deprived of their liberty in the context of coronavirus. Despite considering the measures to contain the spread of COVID-19 necessary, it underlines that fundamental rights of prisoners during the pandemic must be fully respected, with particular attention to vulnerable groups. It also notes that states should continue to guarantee access to monitoring bodies in all places of detention.  

Read the statement (Greek) 

Czech Republic

In the Czech Republic, the Public Defender of Rights* has informed the broader public with coronavirus-related national updates through press releases on its website. The Ombudsman especially addressed issues concerning children and young people and offered them and their parents particular support.
 
Read the press release (Czech) 
See also:
– Statement expressing solidarity to health workers during the pandemic
– Opinion on childbirth and restrictions on access to medical facilities
– Recommendation on the rights of older people residing in unofficial retirement facilities
– Actions undertaken by the Deputy Ombudsman to support families divided by the pandemic

Denmark

The Danish NHRI (Danish Institute for Human Rights) has published a note with human rights considerations in the fight against COVID-19. It recognises that the seriousness of the situation requires the government to take extraordinary measures and encourages everyone to act in accordance with regulations and guidelines from local authorities. However, it recalls that these measures must be temporary, have a clear legal basis and must be proportionate. It also advises authorities to prioritise and first and foremost protect the most vulnerable as the elderly, the sick and healthcare staff.  

Read the article (Danish) 
See also:
– Policy brief on COVID-19 and human rights law
– Statement on the protection of health rights of minorities
– Statement on the risk of totalitarianism following the introduction of restrictions in the context of the pandemic

Finland

The Finnish Human Rights Centre has published webpages on the national and international measures relating to COVID-19 and human and fundamental rights. The pages provide general information on fundamental and human rights and their possible limitations. They also link to the Parliamentary Library’s Legal Information Package on the Emergency Law containing all the legislative processes and the Constitutional Committee’s opinions and experts’ views given to that Committee. A special section dedicated to the rights of elderly and persons with disabilities, underlining that they must be respected in the context of coronavirus.
 
Visit the website (English, Finnish, Swedish)
 
The Parliamentary Ombudsman and the Deputy Ombudsmen have served as independent experts in the Parliamentary committee hearings reviewing the Government proposals to impose the Emergency Law and the various decrees limiting fundamental and human rights that have followed. The Parliamentary Ombudsman has also drawn the Government’s attention to the impact of such restrictions in practice. Due to the current situation, inspections of closed facilities are on hold, but special measures and methods are being developed to exercise the legal oversight function of the Parliamentary Ombudsman.
 
Visit the website (English, Finnish, Swedish)
 

France

The President of the French NHRI (National Consultative Commission on Human Rights), Jean-Marie Burguburu, has communicated to the Prime Minister and parliamentarians regarding human rights concerns associated with the emergency measures put in place. Also, the NHRI, together with the Defender of Rights and General Controller of Places of Deprivation of Liberty, have published an article in Le Monde stressing the need to safeguard fundamental rights during the crisis, particularly for those most vulnerable to confinement and social distancing measures. The NHRI has also created an observatory to monitor the impact of COVID-19 related measures on human rights and issues a weekly newsletter with an update on measures taken by French authorities, judiciary procedures and situations of concern. See 1st Newsletter (French)

Read the statement and the article in Le Monde (French)

Georgia

The NHRI of Georgia (Office of the Public Defender of Georgia) has published a statement on human rights standards during a pandemic/epidemic. In the statement, the NHRI responds to a number of frequently asked questions about human rights standards in the current situation. The NHRI has also published news on a number of coronavirus-related issues. Among others, it addressed the rights of persons with disabilities and provided information on rights and responsibilities of employees and employers.

Go to website
See also:
– Statement on Study Situation in Quarantine Spaces
– Statement on Issues relating to Violence against Women and Domestic Violence
– Statement on Measures to be Taken to Provide Certain Medical Services and Shelter for Homeless Persons 
– Statement against media xenophobic narratives related to the origin of Covid-19
– Opinion on Situation at Checkpoints
– Statement to Authorities relating to Protection of Right to Life

Germany

The German NHRI (German Institute for Human Rights) has issued a press release calling on the federal and state governments to align measures to combat the corona pandemic with human rights. It also calls on politicians to consider relevant information from civil society organisations and expresses an urgent need for action at the European level.

Read the press release (German)
See also:
– Opinion on the impact of the CoVID-19 pandemic on human rights
– Press release on the need for equal health care and additional appropriate housing for homeless people during the CoVID-19 pandemic (German, English)
– Press release on the continued full applicability of children’s rights during the CoVID-19 pandemic (German)
– Press release and opinion on protecting the rights of older persons effectively during the CoVID-19 pandemic (German)
– Press release and opinion on ensuring health care for persons with disabilities during the CoVID-19 pandemic (German)
– Press release on implementing  recommendations of the EU Commission for the reception and care of refugees in times of the corona pandemic (German)

Great Britain

The Chair of the NHRI of Great Britain (Equality and Human Rights Commission), David Isaac, wrote to Prime Minister Boris Johnson about the human rights and equality considerations in responding to the coronavirus pandemic. In the letter, he underlines how the role of government to keep people safe and protect the nation’s future will be most effective when public safety and economic interests are balanced with long-held values of freedom and respect.

Read the statement
See also:
– Article on how the Equality and Human Rights Commission is responding to the coronavirus pandemic

Hungary

In Hungary, the Commissioner for Fundamental Rights of Hungary, the Deputy Commissioner for the Protection of the Rights of Nationalities Living in Hungary and the Deputy Commissioner for the Protection of the Future Generations issued a joint statement on the issues related to the vulnerable groups of society in the context of coronavirus, recommending that relevant policy makers set up a task force to provide them with extraordinary protection and support.  

Read the statement 
See also:
– Joint statement on the issues related to the vulnerable groups
–Information notice on the issues affecting the Roma population in the context of the coronavirus pandemic
– Recommendation on the rights of people with autism during health crisis
– Recommendation expressing solidarity for health workers in times of emergency 
 
The Latvian NHRI (Ombudsman’s Office of the Republic of Latvia) has addressed the new legislative amendments introduced by the Latvian government to deal with the outbreak of COVID-19. The Ombudsman’s office provided a thorough insight of the measures taken, especially focusing on their impact on employers, employees, people living in poverty and people with disabilities.

Go to the website (Latvian) 
See also:
– Article on state of emergency measures and human rights
– Frequently Asked Questions on how does the emergency affect childcare and the child’s meeting with non-cohabiting parents
The Lithuanian NHRI (Seimas Ombudsmen’s Office) has issued a statement on human rights in the context of COVID-19. It recognises the efforts of the state executive to protect public health and human lives, but at the same time it recalls that human rights are of the highest value and that their protection must remain a state priority, even in an emergency.

Read the statement (Lithuanian, English)
See also:
– The Parliamentary Ombudsman calls for the protection of human rights in social care institutions to be guaranteed (English)
– Article on monitoring of social care homes through social media (English)
The President of the NHRI from Luxembourg (Consultative Human Rights Commission of Luxembourg) has sent an open letter to the Prime Minister addressing equality issues arising from the coronavirus pandemic. In the letter, he welcomes the commitments made by the government to respond to the health and economic emergency, but also draws attention to the consequences of coronavirus for the most vulnerable groups, including, among others, people who are homeless, people with disabilities and people deprived of their liberty.  

Read the open letter (French) 
 
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Emergency COVID-19 Payment paid to man stranded in Poland

Date of article: 20/04/2020

Daily News of: 24/04/2020

Country:  Ireland

Author:

Article language: en

A man complained to the Ombudsman when he was refused the COVID-19 Pandemic Unemployment Payment. The man, who was living in Co. Kilkenny was eligible for the payment and applied online when he was stranded in Poland due to travel restrictions. In his application the man indicated that he was in Poland at the time.

The man, who has a wife and child currently living in Ireland was unable to return, and was told he was ineligible to claim the payment as he was not in the State.

The complaint was resolved the day after the man contacted the Office of the Ombudsman.  The Office had immediately contacted the Department of Employment Affairs and Social Protection, and the man’s local Intreo office in Kilkenny to clarify the situation. The Department told the Ombudsman’s office that if he re-applied online and explained his circumstances, he would be eligible to receive the payment from April 21.

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