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21. How the EU Can Safeguard Its “Fundamental Values”: Two Ideas

Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
This paper outlines two initiatives that could be taken up by the EU institutions to improve compliance with fundamental rights, democracy and the rule of law by EU Member States. These measures would not require the introduction of new legislation or amendment of the EU treaties. Rather, they could be put into effect within a short time-frame through informal changes in internal policy by the institutions and inter-institutional agreements.
Topic:
Human Rights, Treaties and Agreements, European Union, Democracy, Civil Rights, and Institutions
Political Geography:
Europe

22. How to Monitor the Rule of Law, Democracy, and Fundamental Rights in the EU

Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
There is a risk that no concrete steps will emerge from consultations and discussions in the European Commission and Council on how to protect the EU’s fundamental values within its member states. The European Commission could take two initiatives to improve compliance with fundamental rights, democracy, and the rule of law by its member states. Namely, to reintroduce country-monitoring and develop a fundamental rights litigation strategy. These measures would not require the introduction of new legislation or amendment of the EU treaties. Rather, they could be put into effect within a short timeframe through informal changes in internal policy by the institutions and inter-institutional agreements. This policy brief explores the legal and practical feasibility of these two initiatives with the goal of informing EU member state diplomats and Commission officials during their ongoing discussions on how best to protect fundamental rights in Europe.
Topic:
Diplomacy, Human Rights, European Union, Democracy, and Rule of Law
Political Geography:
Europe

23. The EU Charter of Fundamental Rights: What Can It Do?

Author:
Israel Butler
Publication Date:
02-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Charter of Fundamental Rights of the European Union is a legally binding document that contains a list of human rights recognised by the European Union (EU). It could become a powerful tool available to influence policy makers or serve as a basis for litigation. Individuals can use judicial and political mechanisms to hold EU institutions, and in certain circumstances member countries, to account when they fail to comply with the Charter. The Charter can also be used to pressure decision makers to bring policies and legislation under development in line with human rights standards. This background paper explains when and how the Charter can be used by advocates at national and EU level.
Topic:
European Union and Political Rights
Political Geography:
Europe

24. Position Paper: Bringing migrant detention into line with human rights standards

Author:
Costanza Hermanin
Publication Date:
06-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
On the occasion of the 2013 review of the implementation of the Return Directive, this position paper encourages the European Commission to consider whether to adopt updated guidelines. It urges member states to consider adopting legislation to bring procedural safeguards and minimum conditions in line with human rights standards whenever detention is used during the return process.
Topic:
Human Rights, Migration, Law, European Union, Legislation, Migrant Workers, and Political Rights
Political Geography:
Europe

25. EU Relations with Azerbaijan: More for Less?

Author:
Jacqueline Hale
Publication Date:
05-2012
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The EU’s rhetoric on comprehensive engagement and a multidimensional Neighbourhood Policy has failed to result in pressure to improve human rights in Azerbaijan. Instead, energy security has regularly trumped human rights concerns as the EU has privileged a narrower set of priorities than those agreed in the joint Action Plan. The expansion of energy cooperation, far from improving governance and transmitting European norms, has resulted in even less willingness to raise these concerns in Baku. EU policymakers, believing that they lack leverage in the face of hydrocarbon-rich Azerbaijan and insecure about the attractiveness of what the EU has to offer, have not attached conditions to the relationship. Against the background of the Arab Spring and the recent Neighbourhood Policy review, this paper discusses the EU's potential leverage, concluding that a robust EU policy that incorporated human rights would deliver better results. It is time for the EU to link its expectations for political reform to policy consequences.
Topic:
Human Rights, Regional Cooperation, Democracy, and Trade Policy
Political Geography:
Europe and Azerbaijan

26. Twenty Mechanisms for Addressing Torture in Health Care

Author:
Jonathan Cohen and Tamar Ezer
Publication Date:
06-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Health care settings should be places where human rights are realized. Yet, across the world, health systems often serve as venues of punishment, coercion, and violations of basic human rights, sometimes amounting to torture or cruel, inhuman, and degrading treatment. This abuse is especially prevalent in the care of socially marginalized groups—people living with HIV, ethnic minorities, sexual and gender minorities, people who use drugs, and people with intellectual disabilities or mental health problems. There are many national, regional, and international mechanisms designed to promote government accountability and prevent torture and cruel, inhuman, and degrading treatment, yet these mechanisms are rarely applied to health facilities. This manual describes 20 anti-torture mechanisms from the United Nations and African, European, and Inter-American human rights systems and provides illustrative examples on how to use these mechanisms to fight torture in health settings. For each mechanism, the manual explores mandate, procedure, possibilities for engagement, and prior work on torture in health care. The manual also includes a glossary of basic human rights terms. This manual is designed as a resource for organizations that advocate against abuse in health care—including international, regional, and national human rights organizations; groups focused on particular health care abuses; anti-torture groups; and the treaty bodies themselves.
Topic:
HIV/AIDS, Health, Torture, United Nations, Minorities, and Health Care Policy
Political Geography:
Africa, Europe, and Global Focus

27. The European Union and the Right to Community Living

Author:
Luke Clements
Publication Date:
05-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The European Union and its Member States have an obligation to ensure that European taxpayer money in the form of Structural Funds is invested in a manner that respects human rights and fundamental freedoms. These are among the basic values upon which the EU was founded. However, some Member States are acting contrary to EU law by using European money to invest in institutions for people with disabilities rather than developing alternative community-based services that promote community living. Such actions contravene the Convention on the Rights of Persons with Disabilities and violates the fundamental human rights of people with disabilities. This report by the Open Society Foundations features legal analysis from Queen’s Counsel Richard Gordon and examines how the use of Structural Funds to renovate or build institutions is contrary to EU law. The European Commission and its Member States should take actions to ensure that Structural Funds are not used to perpetuate the social exclusion of any European citizen. Topics discussed in the report include: The role of Structural Funds in moving from institutionalization to community living; Key principles of the right to community living and the Convention on the Rights of Persons with Disabilities; The legal framework for Structural Funds investments; EU obligations to combat discrimination and social exclusion; Conclusions and recommendations.
Topic:
Discrimination, Social Cohesion, and Community
Political Geography:
Europe

28. From Funder to Partner? Prospects for the European Neighbourhood Policy's Civil Society Facility

Publication Date:
10-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Arab Spring was a timely reminder to the EU of its own transitions, in particular events post-1989, and how civil society was at the heart of all of them. The EU now intends to foster a “partnership with societies” in its eastern and southern neighborhood, in part by creating a facility to provide dedicated support to ensure civil society organizations can monitor reform and participate effectively in their own national debates. The Open Society Institute-Brussels has assessed current proposals, identified challenges, drawn lessons from experience, and identified six areas that will be integral to an effective Civil Society Facility within the Neighbourhood Policy: Funding for civil society needs to be accompanied by political support for CSOs (e.g. statements and tripartite meetings on pressing issues). In order to build capacity the principle EU actor (the EU delegation in-country) needs capacity of its own. Consultations with CSOs are useful if they are planned, regular and genuine—particularly in-country. Supporting local ownership through channeling funds to existing resources (e.g. providing existing networks with logistics and strategic funding) is more effective than putting in place new, parallel structures. Investing in structures that continue beyond the Facility implementation period (e.g. providing 3-4 year core support to develop CSO institutional capacities or putting in place offices to facilitate civil society-government links) will enable national CSO champions or standard-setters to emerge. Paying close attention to the local CSO sector, political and donor context to better meet needs and avoid supporting either less-relevant issues or government-organized organizations. An engaged and robust civil society which holds governments to account is increasingly both a mechanism and a goal of EU foreign policy. Upgrading the EU's relationship with civil society from benevolent paymaster to a strategic investor in partnerships for change will pay dividends to the societies which are transforming in its neighborhood as well as to the EU itself. For a genuine shift towards a “partnership with societies,” maximum local participation and ownership has to be matched by maximum political and practical commitment from the EU. This could be the essence of a real and mutually beneficial partnership.
Topic:
Civil Society, Regional Cooperation, Governance, European Union, Accountability, and Funding
Political Geography:
Europe

29. European Neighbourhood Policy: Positive Steps and Open Questions

Publication Date:
06-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In the Joint Communication "A New Response to a Changing Neighbourhood," published on May 25, 2011, the European Commission and the European External Action Service have developed some valuable proposals for improving the European Neighbourhood Policy (ENP). In particular, the Joint Communication includes a stronger emphasis on civil society, more differentiation between countries, and greater political steer. It also contains some elements that formed part of previous policy but had not been fully implemented. Reiterated concepts such as visa liberalization, Deep and Comprehensive Free Trade Areas (DCFTA), Comprehensive Institution-Building (CIB) programs, and tackling regional disparities will only gain traction if the EU applies its conditionality more consistently. The Open Society Institute-Brussels has highlighted the positive steps that EU member states should support in their Council Conclusions in June, and noted those elements that remain open questions.
Topic:
International Political Economy, Regional Cooperation, and Trade
Political Geography:
Europe

30. EU Policy Towards the Eastern Neighbours: A New Wave of Improvement

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Open Society Foundations have local offices in all of the Eastern Partnership countries except for Belarus, and many thematic programs working on human rights and governance. We believe that the EU's engagement, with a toolbox largely drawn from the enlargement policy, is the best framework for promoting political reform in these countries, particularly when it is coupled with clearly articulated conditionality. This short assessment by the Open Society Foundations sets out the main lessons learned from our experience in the region and give ideas on how to enhance the EU’s efforts to strengthen prosperity, stability and security in its neighbourhood.
Topic:
Human Rights, Regional Cooperation, International Security, Governance, Reform, European Union, and Regional Economy
Political Geography:
Europe