The right to access justice and all other relevant procedural rights are not just rights in themselves; they also protect against violations of every other right. Respect for children’s rights in the area of justice is therefore essential. International treaties, the Charter of Fundamental Rights of the European Union, European Union (EU) secondary law, and national legislation provide a number of relevant rights.
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament position concerning legislative proposals on interoperability between EU information technology systems (IT systems) presented on 12 December 2017 and currently discussed by the EU legislators.
This report outlines the fundamental rights implications of collecting, storing and using
biometric and other data in EU IT systems in the area of asylum and migration.
European non-discrimination law, as constituted in particular by the EU non-discrimination
directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits
discrimination across a range of contexts and grounds. This handbook examines European non-discrimination
law stemming from these two sources as complementary systems, drawing on
them interchangeably to the extent that they overlap, while highlighting differences where
these exist.
Guardians are a key element of a protection system for children who are temporarily or
permanently deprived of their family environment and cannot have their interests represented
by their parents. Great disparities exist between the types of guardianship provided
to children in and within European Union (EU) Member States. This report explores the key
features of guardianship systems put in place to cater for the needs of all children in need
of protection, including child victims and those at risk of becoming victims of trafficking in
human beings or of other forms of exploitation.
Seventeen years after adoption of EU laws that forbid discrimination, immigrants, descendants of immigrants, and minority ethnic groups continue to face widespread discrimination across the EU and in all areas of life – most often when seeking employment. For many, discrimination is a recurring experience. This is just one of the findings of FRA’s second European Union Minorities and Discrimination Survey (EU-MIDIS II), which collected information from over 25,500 respondents with different ethnic minority and immigrant backgrounds across all 28 EU Member States.
This report is FRA’s second publication addressing a European Parliament request for in-depth research on the impact of surveillance on fundamental rights. It updates FRA’s 2015 legal analysis on the topic, and supplements that analysis with field-based insights gained from extensive interviews with diverse experts in intelligence and related fields, including its oversight.
In 2006 the EU issued its Data Retention Directive. According to the Directive, EU Member States had to store electronic telecommunications data for at least six months and at most 24 months for investigating, detecting and prosecuting serious crime. In 2016, with an EU legal framework on data retention still lacking, the CJEU further clarified what safeguards are required for data retention to be lawful.This paper looks at amendments to national data retention laws in 2016 after the Digital Rights Ireland judgment.
The European Parliament requested this FRA Opinion on the fundamental rights and personal data protection implications of the proposed Regulation for the creation of a European Travel Information and Authorisation System (ETIAS), including an assessment of the fundamental rights aspects of the access
by law enforcement authorities and Europol.
Various proposals on EU-level information systems in the areas of borders and security mention interoperability, aiming to provide fast and easy access to information about third-country nationals.
Diverse efforts at both EU and national levels sought to bolster fundamental rights protection in 2016, while some measures threatened to undermine such protection.
Diverse efforts at both EU and national levels sought to bolster fundamental rights protection in 2016, while some measures threatened to undermine such protection.
This year marks the 10th anniversary of the EU Agency for Fundamental Rights. Such a milestone offers an opportunity for reflection – both on the progress that provides cause for celebration and on the lingering shortcomings that must be addressed.
Hate crime is the most severe expression of discrimination and a core fundamental rights abuse. The European Union (EU) has demonstrated its resolve to tackle hate crime with legislation such as the 2008 Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law. Nonetheless, the majority of hate crimes perpetrated in the EU remain unreported and therefore invisible, leaving victims without redress.
The Council of the EU requested this FRA Opinion in its Conclusions on business and human rights. The expert opinion sought from FRA was to look at “possible avenues to lower barriers for access to remedy at the EU level” – the third of three pillars of the UN Guiding Principles.
This note draws on past FRA materials on the fundamental rights of migrants in an irregular situation who cannot be removed. It draws attention to the obligation of EU Member States to provide them with a certification of postponement of removal and to grant them access to core fundamental rights.
The treatment of children in justice systems remains a concern across the European Union (EU). With this checklist, FRA aims to help professionals by providing a list of actions that need to be taken for judicial proceedings to be child-friendly.
Around 2.5 million children participate in judicial proceedings across the European Union (EU)
every year, affected by parental divorce or as victims of, or witnesses to, crime. Although their
effective participation in such proceedings is vital for improving the operation of justice, the
treatment of children in justice systems remains a concern.