(CoE) Member states must act to end impunity for crimes against journalists

Date of article: 01/11/2024

Daily News of: 05/11/2024

Country:  EUROPE

Author: Commissioner for Human Rights - Council of Europe

“The lack of justice for murdered journalists across Europe is a troubling sign of the dangers facing the press,” said Council of Europe Commissioner for Human Rights Michael O’Flaherty, ahead of the International Day to End Impunity for Crimes against Journalists.

“Far too many journalists have paid the ultimate price for pursuing the truth: Anna Politkovskaya, Georgiy Gongadze, Hrant Dink, Daphne Caruana Galizia, Ján Kuciak, and Lyra McKee are just a few of those silenced in the line of duty. Each name represents an attack not only on a journalist but on democracy itself, as violence against journalists directly undermines democratic values.

The European Court of Human Rights has consistently affirmed the obligation of states to safeguard journalists’ lives and to effectively investigate and prosecute those who threaten them. Accountability must extend not only to the perpetrators but also to those who orchestrate these crimes, who too often remain beyond the reach of justice.

Far too many investigations into crimes against journalists remain unfinished. This climate of impunity emboldens those who seek to silence the press. When journalists are unsafe, human rights abuses, corruption, and misuse of power go unchallenged, depriving the public of vital information to hold leaders accountable and allowing undemocratic forces to thrive.

This trend must be reversed. Member states must increase their efforts to uphold human rights obligations on press freedom, end impunity for crimes against journalists, and ensure that journalists can work safely and freely.”

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FRA joins roundtable on rights of migrant workers

Date of article: 04/11/2024

Daily News of: 05/11/2024

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

Article language: en

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Primary 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
    29
    October
    2024
    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 2023.
    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.
    antomar/AdobeStock
    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.
    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.
    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.
    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.
    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
    FRA
    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.
    Summary
    FRA took part in a roundtable on the rights of third-country workers, organised by the Friedrich-Ebert-Stiftung in Brussels on 18 October.
    See also
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    2024-10-31T17:28:45
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    News from the Ombudsman - October 2024

    Date of article: 31/10/2024

    Daily News of: 05/11/2024

    Country:  United Kingdom - England

    Author: Local Government Ombudsmen for England

    Article language: en

    News from the Ombudsman - October 2024

    Welcome...

    Welcome to the latest edition of News from the Ombudsman.

    In this edition you can read about our:

    • Ombudsman's thoughts on her first nine months
    • Guidance for council officers working with domestic abuse victims
    • Guidance for environmental services teams dealing with household waste issues

    Supporting improvement in public services

    NL - Amerdeep landscape

    I am now nine months into the role of Ombudsman and it is a good time to take stock of progress so far and the areas of priority that are emerging both for me and the organisation as a whole.

    I am a lawyer by training and, unlike my some of my predecessors, I was not involved in the delivery of local government or social care services prior to taking up this role. That gives me the ability to take a clear view, and over the last few months I have visited a variety of councils and spent time with adult social care provider organisations and have heard first-hand about the challenges they face. The pressures are acute, affecting organisations of all sizes and often coming as a result of significantly rising demand and a lack of sufficient resources. Sometimes the pressures are the result of national policy and wider change is needed to bring about improvements.

    As well as looking at individual cases - and we have many coming in – the Ombudsman should also look at how local government and social care services affect society as a whole, and where the challenges are at a national level. I have done much of this over the last few months with a particular focus on special educational needs, adult social care and homelessness.

    Our Local Government and Social Care Reviews, both published recently, talk about the national level issues we see and I have spent time with government Ministers, the Chairs of reviews and committees, and with wider organisations to share the evidence that comes from our casework and to encourage change. In November we will publish our Triennial Review – a report done every three years on the findings from our work – which will recommend a number of actions that would improve local services and the service we can provide to the public. As Ombudsman I will continue to work to make sure people’s voices are heard and that we strive for improvements despite the challenges we face. You can keep up to date through this newsletter and our website.

     

    Amerdeep Somal,

    Local Government and Social Care Ombudsman


    Help for victim of domestic abuse

    Woman looking through blinds

    We've issued guidance to councils on how they can better help victims of domestic abuse when they approach them for housing help.

    We've found across a number of investigations that councils are using an outdated definition of what abuse means, which is too narrow.

    Often council staff do not recognise that other forms of abuse - including financial, psychological and emotional - are just as problematic for people on the receiving end, and have failed to then provide services to people in need of homelessness support.

    Our new guidance document urges councils to reassure themselves that they are looking at people’s cases through the lens of the Domestic Abuse Act 2021, which created new duties and powers for councils to help victims. The Act introduced a statutory definition of domestic abuse, and also amended the definition of priority need for homelessness, to include people homeless because of domestic abuse.

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    Common sense approach to bin issues urged 

    Bin crew

    We are urging councils to take a proportionate approach to people who fall foul of household waste disposal laws.

    We've investigated a small number of cases recently where councils have taken a heavy-handed approach to people who have put their bins out too early, or put them in the wrong place.

    Councils have a range of options open to them when dealing with bin issues, ranging from offering advice or issuing a formal warning, right through to court summons for prosecution.

    We're not telling councils to stop prosecuting those people who create significant issues in their communities, or who fly-tip large volumes of waste, but we are asking councils to consider a common-sense approach to minor infractions.

    We've issued new guidance to councils on their powers and duties around household waste which is available on our website.

    Read more


    News you may have missed


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    Ángel Gabilondo se reúne con alumnos y alumnas del Centro Universitario de la Guardia Civil

    Date of article: 04/11/2024

    Daily News of: 05/11/2024

    Country:  Spain

    Author: National Ombudsman of Spain

    El Defensor del Pueblo, Ángel Gabilondo, se ha reunido este lunes en la sede de la institución con un grupo de 60 alumnos y alumnas de 4º curso del Centro Universitario de la Guardia Civil (CUGC), que han visitado el Defensor del Pueblo como parte de su programa de estudio.

    Ángel Gabilondo ha saludado a los futuros oficiales de la Benemérita que cursan dos años en la Academia General Militar de Zaragoza y otros tres en la Escuela de Oficiales de la Guardia Civil de Aranjuez.

    Durante su visita a la institución el grupo de alféreces cadetes, que ha estado acompañado por el capitán Julián Alfonso González y por la profesora de Derecho constitucional de la Universidad Carlos III, Laura Baamonde, también ha recibido una sesión formativa sobre las funciones y competencias del Defensor del Pueblo.

    El Centro Universitario de la Guardia Civil está adscrito a la Universidad Carlos III de Madrid y contempla, dentro de sus planes de estudio, la visita a instituciones constitucionales.

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    Retiran la imagen de su hija en publicaciones y redes sociales al no contar con la autorización de su padre

    Date of article: 31/10/2024

    Daily News of: 05/11/2024

    Country:  Spain - Andalucía

    Author: Regional Ombudsman of Andalucía

    Recibimos una queja presentada por el padre de una adolescente lamentándose porque su ayuntamiento venía utilizando la imagen de su hija en revistas de titularidad municipal y en redes sociales sin contar con su autorización. Nos decía que la madre sí habría prestado su autorización, no así él, ello a pesar de tratarse de un asunto de relevancia pública en la que era evidente la necesidad de contar con la autorización de ambos progenitores.

    Nos exponía en su queja que tras reclamar ante el Ayuntamiento el problema seguía sin solución, y por ello pedía nuestra intervención ya que no le quedaba otra opción que presentar una demanda ante el juzgado, opción que descartaba por los gastos que el proceso judicial podría conllevarle, ello unido a la previsible demora en la solución efectiva del caso.

    Tras admitir la queja a trámite solicitamos al Ayuntamiento que nos remitiera un informe sobre los hechos expuestos por la interesada y la posible solución al problema planteado, respondiéndonos que se había dictado una resolución de Alcaldía para que el Delegado de Protección de Datos del Ayuntamiento procediera a elaborar una instrucción en la que determinase el procedimiento a seguir para obtener el consentimiento de las personas titulares de la patria potestad en los casos de publicación, en cualquier plataforma, de datos relativos a menores de 14 años. También se encargaba a la Delegación Cultura la elaboración de un protocolo de actuación con la finalidad de subsanar posibles deficiencias, con carácter previo a la edición de cualquier publicación. Y por último ordenaba que se informase al padre de la menor de las actuaciones realizadas para dar respuesta a su petición.

    Reseñaba en su informe el Ayuntamiento que el Área de Cultura había adoptado la decisión de que hasta que no se dispusiera de la autorización de ambos progenitores, pese a que la menor había sido seleccionada como una de las “Damas Infantiles”, se había desestimado su participación en los actos públicos de representación que se tendrían que celebrar, entre ello la próxima cabalgata de Reyes.

    Por último, y añadido a la pertinente disculpa por parte de la Alcaldía, se informó al padre del barrido realizado en todas las plataformas digitales en que participaba el Ayuntamiento y se procedió a eliminar todas las fotos y vídeos en los que aparecía su hija.

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