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Valentina Grassi Assistant Professor in Sociology

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1 Socio-statistical Overviews on Fundamental Rights in the European and Global Contexts
Valentina Grassi Assistant Professor in Sociology University of Naples Parthenope

2 “What gets measured gets done” The preamble to FRA’s founding regulation (Regulation (EC) No. 168/2007) notes that greater knowledge and broader awareness of fundamental rights issues in the Union help to ensure full respect of fundamental rights.

3 “Human rights indicators are useful tools for both analysing the situation of human rights in a given state and communicating best practices and institutional solutions that can be of interest to local and regional authorities within the state and between member states”. Council of Europe, Congress of Local and Regional Authorities, Monitoring Committee (2011), Developing indicators to raise awareness of human rights at local and regional level, CG(21)10, 6 October 2011

4 FRA (European Union Agency for Fundamental Rights) is mandated to “develop methods and standards to improve the comparability, objectivity and reliability of data at European level, in cooperation with the European Commission and the Member States”.

5 Racism, xenophobia and intolerance

6 Table 1: EU Member States where trends in official data pertaining to hate crimes were identified, by bias motivation (except for racism), data published in 2014 EU Member State Anti-Roma Antisemitism Islamophobia/Anti-Muslim Religion Extremism Sexual orientation Gender identity Disability Austria Belgium Czech Rep. Denmark Finland France Hungary Sweden UK Source: FRA desk research, December 2014

7 Table 1 illustrates that only a few EU Member States would be able to use their data collection to assess the effectiveness of their policies in countering hate crime. EU Member States need better official data collection that will enable them to accurately reflect the situation on the ground and take appropriate policy actions.

8 Evidence in 2014 shows that across the EU members of minority ethnic groups, including migrants and refugees, continue to face discrimination in access to key areas of social life, such as employment, education, health and services, including housing. .

9 Evidence suggests that underreporting of incidents of discrimination experienced by migrant and ethnic groups persists. Article 10 of the Racial Equality Directive requires Member States to inform persons concerned of their rights to non-discrimination. .

10 Evidence in 2014 shows that incidents of racist, antisemitic and xenophobic hate crime and hate speech persist. Continuous victimisation of members of minority ethnic groups can contribute to feelings of social exclusion and alienation of entire communities, and incite radicalisation. .

11 Evidence shows that the internet remains a critical tool for spreading hate speech. A number of EU Member States have taken steps to counter hate speech online in 2014. .

12 Although several EU Member States have made efforts to improve the recording and prosecuting of hate crimes in 2014, evidence collected by FRA shows that persistent gaps exist in data collection when it comes to recording of hate crimes. .

13 There is evidence in several EU Member States of incidents involving discriminatory misconduct and discriminatory ethnic profiling by law enforcement officials in This can undermine trust in law enforcement officials.

14 Asylum, borders, immigration and integration
.

15 In 2014, 65% of migrants worldwide died at borders in Mediterranean
.

16 In 2014, 12 Member States (Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Lithuania, Poland, Portugal, Romania, Sweden and the United Kingdom) have not implemented any concrete measure for migrant integration and inclusion targeting the general population. .

17 Evidence from 2014 shows that EU societies continue to face challenges in integrating migrants and their descendants. Integration policies normally target employment and language learning, but rarely address broader issues of social inclusion, community cohesion, respect for human rights or political participation. .

18 Evidence collected by FRA shows that diversity and intercultural education are included as core elements in the general principles and objectives of 10 EU Member States. Most Member States’ primary or secondary education teaches about different cultures in society. Eight Member States, however, do not include such elements in the national curriculum, and one Member State addresses diversity in extracurricular activities. .

19 Information society, privacy and data protection
.

20 The EU institutions and Member States have been negotiating the data protection package since January Despite the evidence that challenges to data protection remain part of today’s information society, no political agreement has yet been reached on the legislative proposals. .

21 Following the Snowden revelations concerning mass surveillance, the role of intelligence services and the implications of surveillance activities were discussed in the political arena, as well as in courts and by the public. Against this background, a number of EU Member States have engaged in a reform of security and intelligence services, as FRA comparative research shows. .

22 In 2014, various revelations concerning mass surveillance highlighted the occurrence of data security breaches. The legal obligations of actors, such as electronic communications service providers, thus moved to the forefront. .

23 Rights of the child .

24 In 2013, 28% of EU children at risk of poverty or social exclusion
Eurostat, European Union Statistics on Income and Living Conditions (EU-SILC) 2013

25 Child poverty and social exclusion rates have remained entrenched at high levels in recent years, data show.

26 The 2014–2020 European Structural and Investment Funds – and the legal obligation to ensure that operational programmes funded by these funds fulfil the requirement to respect the principles of gender equality, non-discrimination, the rights of persons with disabilities and Roma inclusion – open a new avenue to address well-being and poverty for all children.

27 FRA evidence published in 2014 shows that the level of coordination between central governments and municipalities remains insufficient in the context of decentralised child protection systems. This also affects the way that services are provided in the different municipalities and by different service providers.

28 FRA evidence analysed in 2014 shows that, while child-friendly justice is often a well-recognised legal concept in national legal systems, it could be applied more in practice. Protection measures established in the Victims’ Directive, such as video recording of child victims’ statements, although a legal possibility in most EU Member States, are not widely used.

29 FRA research on child-friendly justice, children with disabilities and child protection shows that professionals working with children greatly benefit from continuous support and capacity building.

30 Access to justice .

31 Evidence collected in 2014 shows that EU Member States adopted various measures following the transposition and implementation of the EU directives on the right to translation and interpretation, and to information in criminal proceedings. .

32 In the run-up to the transposition deadline of November 2015 for the Victims’ Directive, legislation on the rights of victims of crime improved in EU Member States. FRA evidence on the extent and nature of support services for victims shows, however, that the actual situation on the ground needs to be strengthened. .

33 Evidence collected by the FRA survey on violence against women shows alarmingly high rates of incidents of physical and sexual violence, alongside psychological abuse, harassment and stalking, in all 28 EU Member States. In addition, the survey reveals the significant number of women who have experienced abuse in childhood at the hands of an adult. .

34 Global context Amnesty International Annual Report 2015/2016

35 19 war crimes or other violations of the "laws of war" were carried out in at least 19 countries or more countries tortured or otherwise ill-treated people 30 or more countries illegally forced refugees to return to countries where they would be in danger

36 113 at least 113 countries arbitrarily restricted freedom of expression and the press 61 or more countries locked up prisoners of conscience - people who were simply exercising their rights and freedoms 156 at least 156 human rights defenders died in detention or were killed .

37 36 Armed groups committed human rights abuses in at least 36 countries 60 million More than 60 million people were displaced from their homes worldwide. Many had been displaced for several years or longer 55% At least 55% of countries conducted unfair trials. When a trial is unfair, justice is not served for the accused, the victim of the crime or the public

38 Global context Freedom House Freedom in the World 2016

39 The number of countries showing a decline in freedom for the year—72—was the largest since the 10-year slide began. Just 43 countries made gains. Over the past 10 years, 105 countries have seen a net decline, and only 61 have experienced a net improvement. Ratings for the Middle East and North Africa region were the worst in the world in 2015, followed closely by Eurasia. Over the last decade, the most significant global reversals have been in freedom of expression and the rule of law.

40 Blue: Not Free Yellow: Partly Free Green: Free

41

42 REGIONAL TRENDS

43 MIDDLE EAST AND NORTH AFRICA: Regime security over public safety The conflicts raging across the Middle East and North Africa began in large part because entrenched rulers put their own interests and security above the safety and well-being of their people. In the countries that remain at peace, many leaders still embrace the same short-sighted priorities, raising the risk that they too could descend into disorder.

44 SUB-SAHARAN AFRICA: Struggling with term limits and terrorism Democratic setbacks and violence triggered by African leaders’ manipulation of term limits were offset by successful elections and peaceful transfers of power in key countries during Meanwhile, nations across the Sahelian belt from Mali to Kenya continued to grapple with threats from Islamist militants.

45 ASIA-PACIFIC: Religious nationalism linked to political tensions In a wide range of Asian countries, there was a correlation in 2015 between strained political institutions and various forms of religious nationalism or extremism.

46 EUROPE: Migrant crisis threatens solidarity, democratic standards The migration crisis in Europe put unprecedented pressure on the EU’s fundamental principles of liberty, solidarity, and respect for human rights. The massive influx of people not only exposed areas of weak institutional capacity across the region, but also cast doubt on the EU’s ability to maintain high democratic standards among current and aspiring member states in a time of rising populism.

47 EURASIA: In pursuit of false stability While elections have served as an avenue to recovery for many ill-governed countries, several Eurasian states held national polls in 2015 that served as exhibitions of the unfettered power of longtime incumbents. Faced with slumping economies and security threats linked to foreign conflicts, these regimes sought to fortify themselves against any remaining opposition or dissent.

48 AMERICAS: Populists on the defensive, little progress in Cuba There were several important developments in Latin America during First, although the populist left suffered major electoral reversals in Venezuela and Argentina, incumbent leaders in the region made clear their intention to remain in power. Second, a number of regional heads of state were undermined by corruption scandals or an inability to stem violent crime. Finally, little progress was made toward democratic reform in Cuba despite the resumption of diplomatic relations with the United States.


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