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The EU and human rights

Human rights: fundamental to everything

Liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, are founding principles of the European Union and an indispensable prerequisite for the Union's legitimacy. This is already reflected in the Treaty on European Union. Human rights and democratic values factor into all areas of the EU's activities, and have become a cornerstone of its external policy.

In fact, the clauses of the UN Charter are among the guiding principles of the Union, cited in the preamble of its founding Treaty of Rome in 1957.

The EU has therefore dedicated itself since the Treaty of Rome to the global task of the promotion and protection of all human rights and fundamental freedoms as laid down in the Universal Declaration on Human Rights and its complementary core human rights conventions (11), as well as other international and regional instruments, including the European Convention on Human Rights.

The human rights enshrined in these instruments are universal, indivisible, interdependent and interrelated, as was confirmed by the World Conference on Human Rights held in Vienna in 1993. Respect for these values is closely linked to democracy and development.

A priority in policies

The EU took a considerable step in integrating human rights and democratic principles into its policies with the entry into force of the Treaty on European Union in November 1993. In the Treaty, one of the objectives of the EU's common foreign and security policy is the development and consolidation of 'democracy and the rule of law, and respect for human rights and fundamental freedoms'.

In 1993, the European Council meeting in Copenhagen formulated political criteria to be met by countries applying for EU membership. It stated that 'membership requires that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities'. The concepts of respect for and protection of minorities constitutes a key element in combating racism and xenophobia.

The Treaty of Amsterdam, which came into force in May 1999, marks another significant step forward in integrating human rights into the EU's legal order. A new Article 6 has been inserted into the Treaty on European Union, reaffirming that the EU 'is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States'.

At the European Council meeting in Nice in December 2000, the EU adopted a Charter of Fundamental Rights, combining into a single text the civil, political, economic and social rights hitherto laid down in a variety of international, European and national sources.

Even before this solemn proclamation, human rights and democratisation constituted essential components of development policy. According to the EC Treaty: 'Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms'. A joint Council/Commission statement in November 2000 on the European Community's development policy reiterated that it is based on the principle of sustainable, equitable and participatory human and social development and that 'the promotion of human rights, democracy, the rule of law and good governance are an integral part of it'.

Since May 1995, the EC has generally included a human rights clause in its bilateral trade and cooperation agreements, as well as bilateral accords of a general nature (excluding sectoral agreements), with third countries. Such clauses afford a positive basis for promoting dialogue and support for democracy and human rights with the possibility of taking appropriate measures, including suspension of an agreement, in the event that the commitment to respect human rights is breached. Many such agreements have already been signed, including association agreements, such as the Europe and Mediterranean agreements. Another landmark example is the Cotonou Agreement between the EU and African, Caribbean and Pacific countries, which came into force on 1 April 2003. It includes the most recent version of the human rights clause and introduces a specific consultation mechanism to investigate alleged violations of human rights by parties to the agreement. It also incorporates good governance as a fundamental element of the accord.

Role of non-governmental organisations is valued

In implementing its human rights policy, the European Union recognises the importance of the contributions made by international, regional and civil society and to the development of a democracy that upholds political, civil, economic, social and cultural rights.

At the behest of the European Parliament, a specific chapter in the EU budget was established in 1994 to deal with the promotion of human rights, especially through NGOs. This programme, the European initiative for democracy and human rights (EIDHR), receives around EUR 100 million in funding commitments annually. For the period 2002-04, funding under the EIDHR is focused on the following themes: democratisation, good governance and the rule of law; abolition of the death penalty; the fight against torture and impunity and for international tribunals and criminal courts; and combating racism and xenophobia and discrimination against minorities and indigenous people.

Combating discrimination

The fight against discrimination is an integral part of the EU's human rights policies, and the Union has made considerable progress over the past few years.

The EC Treaty has a general clause on combating discrimination, mainly applicable to measures concerning asylum, refugees and immigration, as well as to the field of employment, working conditions and social protection. Article 13 encourages 'appropriate action' to be taken 'to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation'.

A major milestone was the adoption of two pieces of legislation in 2000. The first prohibits discrimination on the grounds of racial or ethnic origin in the fields of employment, training, social protection, education and access to goods and services, including housing. The second piece, adopted in November 2000, prohibits discrimination on the grounds of religion and belief, disability, age and sexual orientation in the field of employment.

To give such legislative changes a wider context, the EU has launched an action programme to combat discrimination and its underlying causes, and to raise awareness of the problem and measures being taken across the Union to tackle it. The aim: changing attitudes at the grassroots level.

The EU at the Third Committee and the UN Commission on Human Rights

The European Union plays a very active role in the proceedings of the UN Commission on Human Rights and in the Third Committee of the UN General Assembly (12). It introduces resolutions and gives statements aiming to protect and promote human rights and fundamental freedoms. In supporting such resolutions, the EU underlines the importance it attaches to the work of UN special representatives and rapporteurs on human rights' issues related to countries and themes. The Union pronounces both on the human rights situation in any country that may be under discussion, and on 'thematic' questions that are in need of action in many places in the world.

During the 57th session of the Third Committee in 2002, the EU was one of the driving forces behind the adoption of the optional protocol to the Convention against Torture, establishing a system of international and national visiting mechanisms for the inspection of places of detention and investigation.

Members of the European Parliament visit Geneva for the 59th session of the Commission on Human Rights. Left to right: Marie-Anne Coninsx, EC Delegation in Geneva; Edward McMillan-Scott (EPP-ED, United Kingdom); Carlo Trojan, Head of EC Delegation in Geneva; Bob van den Bos, Head of MEP Delegation (ELDR, Netherlands); Michael Cashman (ESP, United Kingdom); and Armin Laschet (EPP-ED, Germany), April 2003. Photo: EC Delegation in Geneva.

At the 59th session of the CHR in 2003, the EU was fully acknowledged as a major player - seven EU Member States plus Poland are currently members of the CHR. The composition of the CHR (53 members in total) can be problematic, however, as a number of its members have a record of human rights violations. Hence, the EU considers that CHR membership entails special responsibilities and represents a unique opportunity to demonstrate commitment to international human rights.

During the 59th session - chaired by Libya - the EU participated actively in nearly all items and introduced a great number of initiatives, both on country situations and thematic issues. It was a difficult session, especially in light of the political situation in the Middle East, notably the crisis in Iraq. Nevertheless, the CHR adopted resolutions proposed by the EU on Burma/Myanmar, the Democratic Republic of the Congo, Iraq, Israeli settlements, North Korea, Turkmenistan (introduced jointly with the United States), rights of the child and the death penalty, and issued chairman's statements negotiated by the EU on Colombia and East Timor. However, EU initiatives on Chechnya, Sudan and Zimbabwe were not adopted. In addition, the EU supported a wide range of resolutions introduced by third countries and delivered statements on several human rights' issues, including a keynote speech addressing democracy, the rule of law, good governance, the fight against torture and the death penalty, as well as the human rights situation in 24 countries across the world.

Despite the risk of politicisation of debates, the CHR remains the key forum - 'the central architect of the UN' (according to former UN High Commissioner for Human Rights Mary Robinson) - in the worldwide promotion and protection of human rights, and the EU contribution to its discussions is a fundamental component of the EU's external action.

Office of the High Commissioner for Human Rights

The EU Member States and the European Commission strongly support the work of the OHCHR, reflecting the importance the EU attaches to the signature, ratification and application of international human rights instruments by the third countries with whom it has partnerships, as well as to the follow-up of relevant recommendations by UN bodies. The European Community is the third largest donor to the OHCHR, with support for a wide range of projects including OHCHR operations in Colombia, Burundi and the Democratic Republic of the Congo.

Supporting the International Criminal Court

The establishment of the International Criminal Court (ICC) dovetailed perfectly with the principles behind the EU's external relations concerning respect for human rights and fundamental freedoms. From the EU's point of view, the ICC represents an achievement of historical dimensions, sending a signal that the world can be made a safer and more just place to live in. By removing the impunity of those who have committed or encouraged atrocities, the Court will strengthen the primacy of law and contribute to the assertion of peace in the world.

The Rome Statute establishing the ICC entered into force in July 2002. By mid-2003, 89 States had ratified it, including all EU Member States. As underlined in the EU's common position of 20 June 2002, the EU is strongly committed to the good functioning of the ICC, and has encouraged support for the ICC in contacts with third countries and through the substantial funding which has been channeled to projects supporting the ICC under the EIDHR. The EU welcomes the progress towards the ICC becoming fully functional, including the election of judges and a prosecutor.

Battling the death penalty

In June 1998, the EU decided to strengthen its international activities in opposition to the death penalty and work towards its universal abolition. Europe is the first continent where abolition is about to happen. In those countries which retain the death penalty, the EU aims at the progressive restriction of its scope and full respect for strict minimum safeguards as set out in international human rights. The issue is also raised by the EU in its dialogue with third countries, the overall objective being to persuade the States concerned to abolish the death penalty.

The EU carries out individual démarches when it becomes aware of individual death penalty cases, which violate minimum standards, such as a properly functioning and open judicial system. The EU is especially concerned about the imposition of the death penalty on persons who are below 18 years of age when the crime was committed, or who suffer from a mental disorder.

Promoting democracy

The EU is convinced that democracy and sustainable development go hand-in-hand, and it is working with the UN to foster democratic processes in many parts of the world.

The European Union provides assistance for democratisation, including support to prepare elections, often as part of development and cooperation programmes.

Frequently, the EU deploys election observation missions to third countries with the objective of increasing public confidence in the electoral process, deterring fraud, strengthening respect for human rights, contributing to the resolution of conflicts and providing an impartial assessment.

Further the EU has formulated a coherent strategy for election observation and assistance, and elaborated a code of conduct for EU election observers.

Social rights

The EU attaches great importance to the promotion of gender equality and is actively encouraging it in all UN forums, and in particular in the Commission on the Status of Women, and the implementation of the Beijing platform for action. The EU believes that all forms of violence against women, such as rape, trafficking, domestic violence and traditional or customary practices which threaten the health and even lives of women and girls, must be urgently addressed.

The EU also actively contributed to the UN General Assembly Special Session for Children in 2001. All too often the situation of children and their rights suffers due to discrimination, poverty, armed conflict and the HIV/AIDS epidemic. The EU believes that the Convention on the Rights of the Child must be the basis for all future action on behalf of children.

Social development, poverty and social exclusion are urgent issues for the EU as well. The EU is engaged in the work of the Commission on Social Development and is playing an active role in the follow-up to the 1995 World Summit in Copenhagen and in promoting implementation of the commitments made there.

Marking the 20th anniversary of the First World Assembly on Ageing, the Second World Assembly on Ageing was held in Madrid in April 2002. The adopted Madrid Declaration and plan of action set out the blueprint for an international response to the opportunities and challenges of population ageing in the 21st century - both in developed and developing countries - and for the promotion of the concept of a 'society for all ages'.

 

(11) These include: the International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; Convention on the Rights of the Child; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Elimination of All Forms of Discrimination against Women; and the International Convention on the Elimination of All Forms of Racial Discrimination. For texts of these instruments, please visit: http://www.unhchr.ch/html/intlinst.htm.

(12) There are six main committees: the First (Disarmament and International Security); the Second (Economic and Financial); the Third (Social, Humanitarian and Cultural); the Fourth (Special Political and Decolonisation); the Fifth (Administrative and Budgetary); and the Sixth (Legal).

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