Ley de amnistía

Date of article: 02/10/2024

Daily News of: 04/10/2024

Country:  Spain

Author: National Ombudsman of Spain

El Defensor del Pueblo, Ángel Gabilondo, ha comparecido este miércoles en el Congreso de los Diputados ante la Comisión Mixta Congreso-Senado de Relaciones con el Defensor del Pueblo para informar sobre la decisión, hecha pública el pasado 11 de septiembre, de no interponer recurso de inconstitucionalidad contra la Ley Orgánica 1/2024, de 10 de junio, de amnistía para la normalización institucional, política y social en Cataluña.

La institución dio así respuesta a los treinta escritos recibidos relativos a la valoración de esa posibilidad, tras la aprobación de la Ley en el Congreso de los Diputados el pasado 30 de mayo.

El artículo 29 de la Ley Orgánica del Defensor del Pueblo recoge que la institución está legitimada para interponer recursos de inconstitucionalidad de acuerdo con lo dispuesto en la Constitución (artículo 162) y en la Ley Orgánica del Tribunal Constitucional (artículo 32).

El Defensor del Pueblo ha explicado que la decisión, tomada tras ser oída la Junta de Coordinación de la institución, se basa en razones institucionales y de fondo.

En esta línea ha asegurado que las razones institucionales que han llevado a tomar la decisión de no presentar un recurso de inconstitucionalidad se fundamentan en el respeto a las decisiones judiciales, ya que tanto el Tribunal Supremo como el Tribunal Superior de Justicia de Cataluña han interpuesto cuestiones de inconstitucionalidad. Así, ha afirmado que la interpretación de la posición institucional del Defensor del Pueblo ha conducido a que, sin prejuzgar lo que resulte al respecto dado que no le corresponde hacerlo en estas cuestiones, se aparte de los asuntos en los que ha habido intervención judicial. Además, ha añadido que también se ha tenido en consideración el respeto a los ciudadanos hasta ahora amnistiados por los jueces en aplicación de esta Ley: más de un centenar, de los que casi la mitad son funcionarios del Cuerpo Nacional de Policía.

Por otra parte, Ángel Gabilondo ha destacado que en la resolución se desarrollan algunas razones de fondo sobre los conceptos de arbitrariedad, exclusividad jurisdiccional, igualdad y seguridad jurídica en relación con esta norma. Sobre las mismas se estima que no hay motivos para considerar que esta Ley contravenga ninguno de estos principios.

La adjunta primera, Teresa Jiménez-Becerril, y la adjunta segunda, Patricia Bárcena, asistieron a la comparecencia.

Consulta aquí la resolución completa: https://www.defensordelpueblo.es/wp-content/uploads/2024/09/Recurso-1_2024_Amnistia.pdf

 

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FRA guidance on independent border monitoring mechanisms presented to ENNHRI Working Group

Date of article: 27/09/2024

Daily News of: 04/10/2024

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

English
Press release
0
Secondary theme
Asylum

Asylum, migration and borders

The migrant crisis has triggered challenges across Europe. FRA encourages rights-compliant responses.

We provide practical expertise on this complex issue. This includes regular updates, focus papers and toolkits. We outline policy alternatives and best practices.

Highlights

  • Report / Paper / Summary
    18
    November
    2021
    This report examines the EU’s main criminal law instrument in the field of counter-terrorism, Directive (EU) 2017/541. Specifically, it considers how the directive engages issues of fundamental rights, affecting individuals, groups and society as a whole.
  • Report / Paper / Summary
    11
    October
    2021
    This report proposes a framework for becoming, and functioning as, a ‘human rights city’ in the EU. It includes ‘foundations’, ‘structures’ and ‘tools’ for mayors, local administrations and grassroots organisations to reinforce fundamental rights locally. It is based on existing good practice and expert input by representatives of human rights cities in the EU, academic experts, international organisations and city networks.
  • Handbook / Guide / Manual
    22
    June
    2016
    Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.
  • Page
    The Criminal Detention Database 2015-2022 combines in one place information on detention conditions in all 27 EU Member States as well as the United Kingdom.

Highlights

  • Handbook / Guide / Manual
    17
    December
    2020
    The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce on the interpretation of European Union law provisions in this field. The third edition of this handbook, updated up to July 2020, presents this European Union legislation and the body of case law by the two European courts in an accessible way.
  • Report / Paper / Summary
    27
    March
    2020
    Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.
  • Page
    ‘Hotspots’ are facilities set up at the EU’s external border in Greece and Italy for the initial reception, identification and registration of asylum seekers and other migrants coming to the EU by sea. They also serve to channel newly-arrived people into international protection, return or other procedures.
  • Handbook / Guide / Manual
    18
    February
    2013
    Based on its findings and research FRA provides practical guidance to support the implementation of fundamental rights in the EU Member States. This series contains practical guidance on: Initial-reception facilities at external borders; Apprehension of migrants in an irregular situation; Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries; Fundamental rights implications of the obligation to provide fingerprints for Eurodac; Twelve operational fundamental rights considerations for law enforcement when processing Passenger Name Record (PNR) data and Border controls and fundamental rights at external land borders.
Products
19
September
2024
This publication guides EU countries on setting up independent monitoring mechanisms to ensure fundamental rights are respected during screening and asylum border procedures. These processes at borders are for people arriving from non-EU countries. Monitoring mechanisms are meant to prevent rights violations, protect victims, and support investigations into any allegations of wrongdoing by public authorities. The guidance highlights the importance of transparency and accountability, which builds trust in public authorities. New EU regulations coming into effect in 2026 will require such monitoring systems to be in place. This updates the guidance published in 2022.
30
July
2024
Fundamental rights violations on the EU’s land and sea borders often go unreported. Investigations into these violations need to be more effective. This report gathers examples of alleged rights violations of migrants and refugees between 2020 and 2023. It sets out 10 steps to promote prompt and effective national investigations into incidents of ill-treatment at borders.
1
August
2024
Migrant workers are particularly at risk of labour exploitation. Workplace inspectors play a role in protecting non-EU workers' rights. This report guides inspectors to identify abuse and protect migrant workers. In autumn 2024, FRA will publish a manual with extensive resources to support workplace inspectors.
1
July
2024
The EU Agency for Fundamental Rights regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties in disembarking migrants in safe ports. This paper provides an overview of criminal investigations and other legal proceedings initiated by European Union (EU) Member States against civil society organisations deploying search and rescue vessels and aircraft in the Mediterranean and/or against individual crew members. The latest update covers the period from 2018 up until the end of May 2024.
Fundamental Rights Report 2024 - Cover
5
June
2024
FRA’s Fundamental Rights Report 2024 analyses the year’s developments in fundamental rights. It focuses on the most pressing fundamental rights concerns facing Europe in 2023: the cost-of-living crisis, rights concerns at the EU’s external borders and migration, and threats to democracy. Re-structured, this year’s new approach is a shorter and sharper analysis. It also presents FRA’s opinions on these developments, including a summary of the evidence supporting these opinions.
Fundamental Rights Report 2024 - FRA Opinions
5
June
2024
The year 2023 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2023 reviews developments in the field, identifying both achievements and remaining areas of concern. This publication presents FRA’s opinions on the main developments in the thematic areas covered and a synopsis of the evidence supporting these opinions. In so doing, it provides a compact but informative overview of the main fundamental rights challenges confronting the EU and its Member States.
Practical tool for guardians: transnational procedures in the framework of international protection
17
April
2024
This booklet is intended to support guardians assigned to children in the asylum procedure. It covers the technical aspects of the legal procedures related to the cross-border movement of such children. This booklet covers only procedures related to international protection. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Dublin III regulation and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and FRA.
31
January
2024
Children’s rights exist to ensure the safety and wellbeing of every child. Improved child protection systems ensure that these rights are met. In recent years, the EU has taken significant steps to improve child protection systems. This mapping of child protection systems gives an overview of the state of such systems at national level and developments since 2015. It promotes the improvement of integrated child protection systems. It is an update of FRA’s mapping of child protection systems in 2015, based on data collected in 2023 in the 27 EU Member States. By publishing this, FRA aims to support securing the sustainable well-being, safety and rights of all children living in the EU.
Children in migration: fundamental rights at European borders
18
December
2023
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While carrying out border control, states have a duty to protect fundamental rights of all people under their jurisdiction, regardless of their nationality, status, or age. Children as a category
of vulnerable persons with special needs require heightened protection.
12
December
2023
Russia’s invasion of Ukraine forced millions of people to flee. Arriving in EU countries, they received protection in EU law under the Temporary Protection Directive. Many have begun to build a new life in their host country and enrich our societies in new ways. Local authorities took the lead in ensuring access to fundamental rights under temporary protection. This report explores the measures to ensure access to housing, education, employment and healthcare in 26 cities and regional authorities across 12 EU Member States. Despite unprecedented coordination and cooperation to overcome challenges, many uncertainties remain. Longer-term solutions will be needed after the directive expires in March 2025. Based on the information collected, the report identifies 12 priority actions and builds on FRA’s bulletins and survey findings on experiences of people displaced from Ukraine.
22
November
2023
FRA publishes annual updates on the forced return monitoring systems that EU Member States have set up under Article 8 (6) of the EU’s Return Directive (2008/115/EC). This latest update covers the period until the end of 2022.
31
October
2023
Fundamental rights are an important consideration in European border management. Virtually all activities can have an impact on rights – from risk analysis to training, border checks and border surveillance. Safeguards in laws regulating European border management aim to protect rights. This report is a contribution to the first review of the European Border and Coast Guard Regulation (EU) 2019/1896 that offers an opportunity to reflect on how best to improve the fundamental rights situation at the external borders of the EU.
20
October
2023
FRA’s strategic priorities and objectives are based on the agency’s role and mission as defined in its amended founding regulation. They build on FRA’s 2018–2022 strategy as well as how it performed, its experience and its vision. Their design takes into account future fundamental rights challenges facing Europe, the agency’s mandate, the broader operational context and the resources available.
12
October
2023
This tool introduces newly appointed guardians to the concept of international protection, possible forms of protection recognised through the asylum procedure, the relevant legal framework and the related rights of the child. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Regulation (EU) No 604/2013 (Dublin III regulation) and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and the European Union Agency for Fundamental Rights (FRA).
12
October
2023
This booklet aims to support guardians assigned to children in the asylum procedure. It includes an overview of the asylum procedure with a specific focus on children, the guarantees in the asylum procedure and your role as a guardian in the different phases of the asylum process. There is also a section on what to do if something unexpected may happen, or if the age of the applicant is disputed. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Regulation (EU) No 604/2013 (Dublin III regulation) and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and the European Union Agency for Fundamental Rights (FRA).
Map showing status of search and rescue ships and aircraft in Mediterranean as of end-June 2023
11
October
2023
Since October 2018, FRA has been publishing regular updates on NGO ships involved in search and rescue (SAR) operations in the Mediterranean, and the status of legal proceedings against them. This latest update covers until the end of June 2023.
29
September
2023
Russia’s invasion of Ukraine posed new challenges for the EU. Millions were forced to flee the war. As a result of the scale of people’s displacement, the EU activated for the first time the Temporary Protection Directive (TPD). More than 1.3 million children sought international protection in the EU. This bulletin explores the respect, protection and fulfilment of the fundamental rights of displaced children and ways to safeguard their rights. The third in a series, this bulletin builds on the evidence in FRA’s Bulletin #1 and #2 on the experiences of displaced people seeking safety in the EU.
6
September
2023
Integration and social inclusion are important aspects of EU migration and asylum policy. The fundamental rights of long-term residents in the EU are explored through this report, focussing on the Long-Term Residence Directive. EU long-term resident status includes rights to move and reside in other EU Member States. This report examines the reasons behind the low uptake of EU long-term resident permits, despite them typically giving more rights than national long-term resident permits.
Report / Paper / Summary
6
July
2023
Following yet another recent tragic shipwreck and loss of life in the Mediterranean, this short report sets out examples of actions the EU could take to meet its obligations to protect the right to life and prevent more deaths at sea. As part of the work that the EU Agency for Fundamental Rights (FRA) does on upholding fundamental rights in asylum and return procedures, this report calls for better protection for shipwreck survivors, and prompt and independent investigations. It sets out measures that EU Member States should take to improve search and rescue efforts and provide legal pathways to safety to prevent deaths at sea.
14
June
2023
In responding to Russia’s war against Ukraine, the EU activated its Temporary Protection Directive (TPD) for people who fled the country, allowing them to settle in the EU and to access basic public services and the labour market. By spring 2023, more than 4.5 million people had made use of the TPD or similar national protection schemes in the EU. In 2022, the European Union Agency for Fundamental Rights conducted an online survey among people displaced from Ukraine. Eurofound has analysed the survey results on their experiences when seeking to access employment. This paper highlights the main barriers that displaced people encountered and suggests ways to facilitate their inclusion.
Asylum

Borders and information systems

Highlights

  • Report / Paper / Summary
    18
    November
    2021
    This report examines the EU’s main criminal law instrument in the field of counter-terrorism, Directive (EU) 2017/541. Specifically, it considers how the directive engages issues of fundamental rights, affecting individuals, groups and society as a whole.
  • Report / Paper / Summary
    11
    October
    2021
    This report proposes a framework for becoming, and functioning as, a ‘human rights city’ in the EU. It includes ‘foundations’, ‘structures’ and ‘tools’ for mayors, local administrations and grassroots organisations to reinforce fundamental rights locally. It is based on existing good practice and expert input by representatives of human rights cities in the EU, academic experts, international organisations and city networks.
  • Handbook / Guide / Manual
    22
    June
    2016
    Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.
  • Page
    The Criminal Detention Database 2015-2022 combines in one place information on detention conditions in all 27 EU Member States as well as the United Kingdom.

Highlights

  • 14 vessels or reconnaissance aircraft are operational, 14 vessels are no longer operational and one vessel is at port dur to ongoing legal proceedings
    Report / Paper / Summary
    17
    December
    2021
    The EU Agency for Fundamental Rights (FRA) regularly collects data on NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 10 December 2021 about 1,654 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of more than four people per day. Deadly incidents have also occurred recently in the Channel (La Manche).
  • Report / Paper / Summary
    9
    July
    2021
    This note sets out human rights standards stemming from both the European Convention on Human Rights and European Union (EU) law that apply to effective remedies for human rights violations at borders, together with those on complaints mechanisms and investigations into complaints of rights violations at borders.
  • Periodic updates / Series
    8
    December
    2020
    This report looks at fundamental rights compliance at the European Union (EU)’s external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for Fundamental Rights (FRA) to prepare a report on these borders. It noted that the report should focus on the correct application of the safeguards in the European asylum acquis and the provisions of the Schengen Borders Code (Regulation (EU) 2016/399).
  • Handbook / Guide / Manual
    24
    July
    2020
    This practical guidance addresses border-management staff in European Union (EU) Member States who work at the operational level. It aims to support them in implementing the fundamental rights safeguards of the Schengen Borders Code (Regulation (EU) No. 2016/399) and related EU law instruments in their daily work, when carrying out controls at external land borders.
Products
19
September
2024
This publication guides EU countries on setting up independent monitoring mechanisms to ensure fundamental rights are respected during screening and asylum border procedures. These processes at borders are for people arriving from non-EU countries. Monitoring mechanisms are meant to prevent rights violations, protect victims, and support investigations into any allegations of wrongdoing by public authorities. The guidance highlights the importance of transparency and accountability, which builds trust in public authorities. New EU regulations coming into effect in 2026 will require such monitoring systems to be in place. This updates the guidance published in 2022.
30
July
2024
Fundamental rights violations on the EU’s land and sea borders often go unreported. Investigations into these violations need to be more effective. This report gathers examples of alleged rights violations of migrants and refugees between 2020 and 2023. It sets out 10 steps to promote prompt and effective national investigations into incidents of ill-treatment at borders.
1
July
2024
The EU Agency for Fundamental Rights regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties in disembarking migrants in safe ports. This paper provides an overview of criminal investigations and other legal proceedings initiated by European Union (EU) Member States against civil society organisations deploying search and rescue vessels and aircraft in the Mediterranean and/or against individual crew members. The latest update covers the period from 2018 up until the end of May 2024.
Children in migration: fundamental rights at European borders
18
December
2023
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While carrying out border control, states have a duty to protect fundamental rights of all people under their jurisdiction, regardless of their nationality, status, or age. Children as a category
of vulnerable persons with special needs require heightened protection.
31
October
2023
Fundamental rights are an important consideration in European border management. Virtually all activities can have an impact on rights – from risk analysis to training, border checks and border surveillance. Safeguards in laws regulating European border management aim to protect rights. This report is a contribution to the first review of the European Border and Coast Guard Regulation (EU) 2019/1896 that offers an opportunity to reflect on how best to improve the fundamental rights situation at the external borders of the EU.
Map showing status of search and rescue ships and aircraft in Mediterranean as of end-June 2023
11
October
2023
Since October 2018, FRA has been publishing regular updates on NGO ships involved in search and rescue (SAR) operations in the Mediterranean, and the status of legal proceedings against them. This latest update covers until the end of June 2023.
14
October
2022
** As of 19 September 2024 a new version of this guidance has been issued. Please see the link below. **

Fundamental rights monitoring at EU external borders should be systematically and regularly carried out for a range of border management activities. These include border surveillance, apprehensions at land, sea and air borders, and the operation of referral mechanisms, including in the event of mass arrivals. This general guidance provides assistance to EU Member States in setting up national independent mechanisms to monitor fundamental rights compliance at EU external borders, in line with the proposed screening regulation of 23 September 2020 by the European Commission. The EU Agency for Fundamental Rights prepared this guidance at the request of the Commission.
Map of search and rescue operations in the Mediterranean up to June 2022
20
June
2022
The EU Agency for Fundamental Rights (FRA) regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as on any difficulties in disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 15 June 2022 about 842 people died or went missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution, or to pursue a better life. This is an average of five people per day.
Ukraine bulletin 1 cover
19
May
2022
This bulletin looks at the fundamental rights situation of all persons fleeing the Russian war in Ukraine to the four EU Member States neighbouring Ukraine. This is primarily in terms of the application of the EU Temporary Protection Directive. It is based on findings of FRA’s field mission to Hungary, Poland, Romania and Slovakia at the beginning of March 2022. It is also based on weekly country reports prepared by Franet, the contracted research network of FRA between 1 March and 27 April 2022.
14 vessels or reconnaissance aircraft are operational, 14 vessels are no longer operational and one vessel is at port dur to ongoing legal proceedings
17
December
2021
The EU Agency for Fundamental Rights (FRA) regularly collects data on NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 10 December 2021 about 1,654 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of more than four people per day. Deadly incidents have also occurred recently in the Channel (La Manche).
9
July
2021
This note sets out human rights standards stemming from both the European Convention on Human Rights and European Union (EU) law that apply to effective remedies for human rights violations at borders, together with those on complaints mechanisms and investigations into complaints of rights violations at borders.
Map of Search and Rescue in the Mediterranean up to June 2021
18
June
2021
The International Organization for Migration estimates that about 813 people died or went missing crossing the Mediterranean Sea to reach Europe to escape war, persecution or to pursue a better life in 2021, up to 15 June. This is an average of almost five people per day. The EU Agency for Fundamental Rights (FRA) collects data on NGO ships involved in search and rescue in the Mediterranean, legal proceedings against them, as well as difficulties in disembarking migrants in safe ports.
View of a reception centre in the Canary Islands
FRA Director Michael O'Flaherty, in his latest vlog, reflects on the migration situation at the EU’s external borders. He highlights the need for sustained joined-up efforts from all relevant bodies, including civil society, to protect the wellbeing and human rights of migrants. He underlines the importance of working with local communities as we receive migrants into our communities. He also points to room for improvement is our treatment of unaccompanied children.
26
March
2021
This note outlines how to help ensure a dignified stay for third-country nationals who are apprehended or intercepted at external borders. Specifically, FRA identifies twelve points for protection-sensitive and fundamental rights-compliant planning and design of initial-reception facilities at such borders. These are based on the agency’s work at external borders, including data collection and research activities.
18
December
2020
In 2020 (until 15 December), the International Organization for Migration estimated that about 1,054 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of almost three people per day. In the past years, a significant number of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, national authorities initiated some 50 administrative and criminal proceedings against crew members or vessels, also seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet maritime safety-related and other technical requirements.
8
December
2020
This report looks at fundamental rights compliance at the European Union (EU)’s external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for Fundamental Rights (FRA) to prepare a report on these borders. It noted that the report should focus on the correct application of the safeguards in the European asylum acquis and the provisions of the Schengen Borders Code (Regulation (EU) 2016/399).
24
July
2020
All language versions now available
12 September 2022
This practical guidance addresses border-management staff in European Union (EU) Member States who work at the operational level. It aims to support them in implementing the fundamental rights safeguards of the Schengen Borders Code (Regulation (EU) No. 2016/399) and related EU law instruments in their daily work, when carrying out controls at external land borders.
19
June
2020
In 2019, the International Organization for Migration estimated that 1,866 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of five people per day. In recent years, a significant proportion of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, authorities in some EU Member States started viewing civil society-deployed rescue vessels with hostility. As a reaction, national authorities initiated about 40 administrative and criminal proceedings against crew members or vessels, including seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet technical requirements.
27
March
2020
French version now available
24 April 2020
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.
16
January
2020
All language versions now available
16 December 2021
This leaflet assists officers and authorities to inform asylum applicants and migrants in an understandable and accessible way about the processing of their fingerprints in Eurodac.
Systems

National human rights systems and bodies

Highlights

  • Report / Paper / Summary
    18
    November
    2021
    This report examines the EU’s main criminal law instrument in the field of counter-terrorism, Directive (EU) 2017/541. Specifically, it considers how the directive engages issues of fundamental rights, affecting individuals, groups and society as a whole.
  • Report / Paper / Summary
    11
    October
    2021
    This report proposes a framework for becoming, and functioning as, a ‘human rights city’ in the EU. It includes ‘foundations’, ‘structures’ and ‘tools’ for mayors, local administrations and grassroots organisations to reinforce fundamental rights locally. It is based on existing good practice and expert input by representatives of human rights cities in the EU, academic experts, international organisations and city networks.
  • Handbook / Guide / Manual
    22
    June
    2016
    Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.
  • Page
    The Criminal Detention Database 2015-2022 combines in one place information on detention conditions in all 27 EU Member States as well as the United Kingdom.

Highlights

  • Periodic updates / Series
    28
    September
    2021
    Since September 2020, three National Human Rights Institutions (NHRIs) had a change in their accreditation status, two new institutions were created and nine have had a change in tasks covered by their mandates. Following up on the September 2020 report “Strong and effective national human rights institutions – challenges, promising practices and opportunities”, this update provides an overview of developments in the accreditation status and mandates of NHRIS in the past 12 months. The update covers the 27 EU Member States as well as three additional states within FRA’s mandate (Albania, North Macedonia and Serbia).
  • Report / Paper / Summary
    3
    September
    2020
    National Human Rights Institutions (NHRIs) are a vital part of the country-level human rights protection system. This report, published 10 years after FRA’s first in-depth study on NHRIs, looks at such bodies in the EU, as well as the Republic of North Macedonia, the Republic of Serbia, and the United Kingdom of Great Britain and Northern Ireland. It explores relevant developments, challenges to their effectiveness and ways to maximise their impact.
  • Report / Paper / Summary
    12
    November
    2019
    The Charter is most effective, and has a real impact on people’s lives, when parliaments, governments and courts at local, regional and national levels all actively apply it. The national sphere is particularly relevant. A strong fundamental rights architecture and committed national governments and parliaments are key to letting the Charter unfold its potential at this level. Civil society organisations (CSOs) and national human rights institutions (NHRIs) are also crucial given their contributions to the protection and promotion of Charter rights.
  • Video
    FRA Director Michael O'Flaherty focuses on ways to push back against challenges to our human rights system.
Products
6
February
2024
The 2024 update on NHRIs accreditation status and mandates also covers their engagement in the monitoring of fundamental rights compliance in the use of EU funds at national level. Moreover, the update also shows how NHRIs make use of the EU Charter of Fundamental Rights in their work when advising government or in education, training and awareness raising activities. Since its 2020 report 'Strong and effective national human rights institutions – challenges, promising practices and opportunities', the European Union Agency for Fundamental Rights (FRA) has been regularly tracking the accreditation status and mandates of NHRIs.
19
December
2023
All EU funds must be spent in a way that respect fundamental rights. The EU spends billions of euros on creating jobs, economic growth, sustainable development and improving people’s lives. To prevent funds from being spent in ways that directly violate people’s fundamental rights, the EU strengthened the conditions how funds can be spent in 2021. This report looks at how the newly introduced conditions related to the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of Persons with Disabilities can be upheld in practice. It analyses the potential role of national human rights institutions, ombudsperson institutions and equality bodies. These safeguards can advance compliance with fundamental rights.
13
December
2022
National Human Rights Institutions (NHRIs) continue to play a key role in upholding fundamental rights. FRA keeps track of the accreditation status and the mandates of the NHRIs. In 2022, the NHRI in Cyprus was upgraded to an ‘A-status’ institution. In addition, the mandates of six NHRIs changed to include child protection or the protection of LGBTI people.
29
June
2022
Since September 2021, two National Human Rights Institutions (NHRIs) had a change in their accreditation status, one applied for accreditation and five have had a change in tasks covered by their mandates. This new 2022 update provides an overview of developments in the accreditation status and mandates of NHRIs from September 2021 to May 2022. It is a follow up of FRA’s 2020 report on ‘Strong and effective national human rights institutions – challenges, promising practices and opportunities’ and the September 2021 update. It covers the 27 EU Member States and three candidate countries (Albania, North Macedonia and Serbia).
28
September
2021
Since September 2020, three National Human Rights Institutions (NHRIs) had a change in their accreditation status, two new institutions were created and nine have had a change in tasks covered by their mandates. Following up on the September 2020 report “Strong and effective national human rights institutions – challenges, promising practices and opportunities”, this update provides an overview of developments in the accreditation status and mandates of NHRIS in the past 12 months. The update covers the 27 EU Member States as well as three additional states within FRA’s mandate (Albania, North Macedonia and Serbia).
21
January
2021
All language versions now available
16 April 2021
National Human Rights Institutions (NHRIs) are a vital part of the country-level human rights protection system. By raising awareness, providing advice, monitoring and holding authorities to account, they have a central role in navigating the great human rights challenges of our day – tackling both persistent concerns like discrimination and inequality, and novel issues such as the rights implications of artificial intelligence and of the COVID-19 pandemic.
This video statement by FRA Director Michael O’Flaherty was recorded for the Annual Conference of the Geneva Human Rights Platform: ''Connectivity between regional and global human rights mechanisms".
3
September
2020
Summary version now available
21 January 2021
National Human Rights Institutions (NHRIs) are a vital part of the country-level human rights protection system. This report, published 10 years after FRA’s first in-depth study on NHRIs, looks at such bodies in the EU, as well as the Republic of North Macedonia, the Republic of Serbia, and the United Kingdom of Great Britain and Northern Ireland. It explores relevant developments, challenges to their effectiveness and ways to maximise their impact.
Michael O'Flaherty introduces the July edition of FRA's bulletin on the impact for fundamental rights of Covid-19. In this vlog he talks about the important role that people play who are engaged with the promotion and the protection of human rights in these times.
The July edition of the COVID-19 bulletin will be available from 30 July.
12
November
2019
The Charter is most effective, and has a real impact on people’s lives, when parliaments, governments and courts at local, regional and national levels all actively apply it. The national sphere is particularly relevant. A strong fundamental rights architecture and committed national governments and parliaments are key to letting the Charter unfold its potential at this level. Civil society organisations (CSOs) and national human rights institutions (NHRIs) are also crucial given their contributions to the protection and promotion of Charter rights.
FRA Director Michael O'Flaherty focuses on ways to push back against challenges to our human rights system.
20
May
2016
This opinion addresses the designation and operation of a framework established under Article 33 (2) of the CRPD at EU level (EU Framework). It aims to clarify the requirements of an EU Framework in light of the monitoring practice and jurisprudence of the CRPD Committee and – with regard to the concept of independence –the Committee interpreting the Paris Principles on the establishment of National Human Rights Institutions (NHRIs).
1
October
2013
Drawing on evidence gathered in its surveys and reports, FRA submits a set of opinions aimed at improving the protection against discrimination. These could be taken into account in the implementation and the eventual reform of the EU legal framework on the protection against discrimination.
15
October
2012
National Human Rights Institutions (NHRIs) protect and promote human rights at the national level, tackling systemic problems and raising fundamental rights awareness. To equip NHRIs to perform their role well, they should have, among other qualities, independence, powers and a broad mandate, in accordance with the so-called ‘Paris Principles’ which were adopted by the United Nations General Assembly in 1993 and set forth the primary minimum standards for an effective NHRI.
7
May
2010
The EU plays a pioneering role in the protection of personal data. The Charter of Fundamental Rights of the EU enshrines the right to data protection as an autonomous fundamental right. Despite the underlying importance and centrality of the right to data protection in the EU, many deficiencies are present in the data protection system. This study on data protection identifies deficiencies in the EU Member States.
7
May
2010
EU-MIDIS "Data in Focus" report 3 focuses on respondents' knowledge about their rights in the field of non-discrimination, including knowledge about Equality Bodies in Member States. This Data In Focus report on 'Rights Awareness and equality bodies' relates to Article 21, on 'non-discrimination', as enrshrined in the Charter of Fundamental Rights of the European Union.
7
May
2010
Human rights are first and foremost to be addressed at the national level. National human rights institutions (NHRIs) play an important role in the human rights architecture at the national level. This report by the European Union Agency for Fundamental Rights (FRA), is intended to identify gaps and concerns in the fundamental rights architecture in the European Union.
Summary
FRA presented key aspects of the nine building blocks of its new guidance on independent monitoring mechanisms under the EU Pact on Migration and Asylum to a European Network of National Human Rights Institutions (ENNHRI) working group.
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2024-09-27T13:59:09
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Council agrees to review its school transport policy following Ombudsman investigation

Date of article: 03/10/2024

Daily News of: 04/10/2024

Country:  United Kingdom - England

Author: Local Government Ombudsmen for England

Sandwell council has agreed to review its school transport policy after the Local Government and Social Care Ombudsman found flaws in the way it considered a family’s application for travel support.

The parents applied for transport for their son, who has special needs and attends a school more than three miles away from his home. The school was the only one the council identified in his Education, Health and Care (EHC) Plan.

The council turned down the parents’ request. As a result, parents and family members have had to take the boy to and from school since August 2023.

The parents made an appeal, but this was turned down because the council said it had only agreed to name the parents’ preferred school in the boy’s EHC Plan on the understanding they had accepted responsibility for transport.

The Ombudsman’s investigation found the council did not follow the correct procedure when deciding whether school transport should be provided. Only one school was named in the boy’s EHC Plan, and so it became his ‘nearest suitable school’ and the boy should qualify for transport funding.

The investigation also found fault with the way the council handled the parents’ appeal, failing to keep any records of the hearing. The panel also failed to consider whether there was a suitable school with places available nearer to the boy’s home, and did not give the parents the opportunity to attend the appeal hearing.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said

“Councils must provide help or transport for children to attend their nearest available school with places, if it is more than the set distance away from home. This distance will depend on the child’s age.

“In this case, the boy could only attend the school identified in his EHC Plan, and the council should therefore have made suitable home to school travel arrangements for him. But it did not do so.

“Because the council has got this wrong, the boy’s parents and other family members have had to rearrange their days or alter their working patterns to take him to school instead.

“Caselaw has been quite clear on this subject for more than 10 years, and in 2023 clear statutory guidance was issued on this topic, so there is really no excuse now for councils to get these sorts of decisions wrong. I am pleased the council has agreed to look again at its policy, and hope this will make things more transparent for both staff and parents in future.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the parents and put in place school transport for their son.

It will also make a payment to the mother to reflect the cost she and other family members have incurred transporting her son to school.

It will also pay the father a symbolic amount of £100 for the time and trouble of making the complaint.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will arrange staff training for decision makers and appeal panel members. It will also review its policy to ensure it provides clear information about the tests it must apply when deciding whether to pay for transport or provide travel assistance, and also the action it will take when parents’ preferences are incompatible with efficient use of resources.

Article date: 03 October 2024

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La Valedora do Pobo acude al homenaje a Xan María Castro

Date of article: 03/10/2024

Daily News of: 04/10/2024

Country:  Spain - Galicia

Author: Regional Ombudsman of Galicia

El pasado 14 de septiembre la Valedora do Pobo acudió, junto a otros representantes institucionales, al acto organizado por el sindicato Comisiones Obreras y la Fundación 10 de marzo en homenaje a Xan Maria Castro que fue cofundador del sindicato, Secretario Xeral y también Presidente de su Fundación.

Xan María Castro falleció en noviembre del año pasado

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