1. Legal and policy documents
Council of the European Union (2012). EU Strategic Framework and Action Plan on Human Rights and Democracy, Luxembourg, 25 June 2012, 11855/12.
EU Guidelines on the promotion and protection of freedom of religion or belief, Foreign Affairs Council meeting, 24 June 2013.
European Council in Copenhagen 21-23 June 1993, Conclusions of the Presidency.
D. Conclusions and future perspectives
FRA states that ‘The European Union (EU) Member States have a long tradition of safeguarding fundamental rights. The EU itself is built on these values and is committed to guaranteeing the rights proclaimed in the Charter of Fundamental Rights of the European Union’ (see above). As we have seen, however, the human rights project was not part of the objectives of the institutions preceding the present EU. The EU has historical roots in a construction of which human rights were not an essential part.
The chapter has analysed major historical landmarks in the EU history and discussed the potential in the historical events and circumstances, which to a large degree the EU responded to by facilitating the expansion of the human rights sphere, in its internal as well as external actions. It also demonstrated how historical events and circumstances to some extent had a hindering influence on human rights protection.
The chapter shows that the EU still is a human rights project in the making. The EU has been more at ease developing extensive human rights policies with application when engaging with third countries. When it comes to the EU vis-à-vis Member States, the picture is more blurred, and the political debate often marked by EU scepticism caused by Member States’ opposition to extending the competence of the EU in the area of human rights (see also Chapter III.B.5.c).
As human rights have increasingly found a place in EU’s internal and external affairs and vis-à-vis candidate countries, the relationship between the internal and external policies has drawn the attention of policy makers, officials, academics and civil society and caused widespread criticism, within EU Member States and globally.
History constantly provides new factors enabling or hindering the development of human rights. Of the concrete events/historical factors which have hindered or facilitated the EU human rights internal policies, an example is the economic and financial crisis starting in 2008, globally and within the EU and its Member States (see Chapter III.B). Other examples are the rise of the extreme right in Europe and the increase of racism (see Chapter III.B.2.c).
With law still in the process of being implemented, conventions still to be ratified, the ECHR still to be acceded to and charges of too many ambiguities and too much incoherence, the EU today stands at a crossroads in a unique position to rise above challenges caused in part by its history.
E. Bibliography
1. Legal and policy documents
Council of the European Union (2012). EU Strategic Framework and Action Plan on Human Rights and Democracy, Luxembourg, 25 June 2012, 11855/12.
EU Guidelines on the promotion and protection of freedom of religion or belief, Foreign Affairs Council meeting, 24 June 2013.
European Council in Copenhagen 21-23 June 1993, Conclusions of the Presidency.
European Parliament Resolution of 17 April 2014 on EU foreign policy in a world of cultural and religious differences. 2014/2690(RSP).
The EU Charter of Fundamental Rights, 2007.
The European Convention on Human Rights, 1950.
The Treaty of the European Union, 2007.
The Treaty on the Functioning of the European Union, 2007.
Treaty of Lisbon, Amending the Treaty on European Union and the Treaty Establishing the European Community, (2007/C 306/01).
2. Case-law Case 4/73 Nold [1974] ECR 491.
Case 11/70 Internationale Handelsgesellschaft [1970] ECR 1125.
Case 29/69 Stauder [1969] ECR 419.
3. Literature a) Books
Bartels, L. (2005) Human Rights Conditionality In the EU’s International Agreements, Oxford, New York:
Oxford University Press.
Hoffmann, S.-L. (ed.)(2011) Human Rights in the Twentieth Century, Cambridge: Cambridge University Press.
V. Jaichand and M. Suksi (eds) (2009) 60 Years of the Universal Declaration of Human Rights in Europe, Morsel: Intersentia.
Peers, S., Hervey, T., Kenner, J. , Ward, A. (2014) The EU Charter of Fundamental Rights, A Commentary, Oxford and Portland, Oregon: Hart Publishing.
Piris, J.-C. (2010) The Lisbon Treaty. A Legal and Political Analysis, Cambridge: Cambridge University Press.
Ventura, M. (2013) Dynamic Law and Religion in Europe. Acknowledging Change. Choosing Change, EUI Working Papers, RSCAS 2013/91, San Domenico di Fiesole, Italy: European University Institute.
Williams, A. (2004) EU Human Rights Policies. A study in Irony, Oxford, New York: Oxford University Press.
b) Book chapters
Lagoutte, S. and Lassen, E.M. (2008) ‘The role of the State in balancing religious freedom with other human rights in a multicultural European context’, in F. Francioni and M. Scheinin (eds), Cultural Human Rights.
Leiden: Martinus Nijhoff Publishers, pp. 207-222.
Lassen, E.M. (2009) ‘Denmark: a document of ideological importance, in V. Jaichand and M. Suksi (eds) 60 Years of the Universal Declaration of Human Rights in Europe, Morsel: Intersentia, pp. 43 – 58.
Rosas, A. (2014) ‘The Charter and Universal Human Rights Instruments’, in Peers, S., Hervey, T., Kenner, J., Ward, A. The EU Charter of Fundamental Rights, A Commentary, Oxford and Portland, Oregon: Hart Publishing, pp. 1685-1700.
Rosas, A. (2009) ‘The European Union: in search of legitimacy’, in V. Jaichand and M. Suksi (eds) 60 Years of the Universal Declaration of Human Rights in Europe, Morsel: Intersentia, pp. 415 – 431.
Tassinari, F. (2013) ‘The foundation of Europe’s peace’, in 20 Years that changed Europe. The Copenhagen criteria and the Enlargement of Europe, Copenhagen: The Danish Ministry of Foreign Affairs, pp. 29-31.
Toggenburg , G.N. (2014) ‘The EU Fundamental Rights Agency and the Fundamental Rights Charter: how fundamental is the link between them?’, in Peers, S., Hervey, T., Kenner, J. , Ward, A. The EU Charter of Fundamental Rights, A Commentary, Oxford and Portland, Oregon: Hart Publishing, pp. 1613 - 1626.
van Haersolte, J. and Wiebenga, J.-K. (2013) ‘The role of the European Parliament in the fundamental rights architecture of the European Union’, in van Roosmalen, M., Vermeulen, B., van Hoof, F., Oosting, M. (eds) Fundamental Rights and Principles. Liber Amicorum Pieter van Dijk, Cambridge, Antwerp, Portland: Intersentia, pp. 153-171.
c) Journal articles
Benedek, W. (2012) ‘EU Action on Human and Fundamental Rights in 2011’, European Yearbook on Human Rights 2012, pp. 49-70.
Broberg, M. (2013) ‘From colonial power to human rights promoter: on the legal regulation of the European Union’s relations with the developing countries’, Cambridge Review of International Affairs, 26, 4, pp. 675-687.
D’Hollander, D., Marx, A., Wouters, J. (2014) ’Integrating human rights in EU development cooperation policy: achievements and challenges’, European Yearbook on Human Rights 2013, pp. 255-268.
Lassen, E.M. (2009) ‘Denmark: a document of ideological importance, in V. Jaichand and M. Suksi (eds) 60 Years of the Universal Declaration of Human Rights in Europe, Morsel: Intersentia, pp. 43 – 58.
Rosas, A. (2014) ‘The Charter and Universal Human Rights Instruments’, in Peers, S., Hervey, T., Kenner, J., Ward, A. The EU Charter of Fundamental Rights, A Commentary, Oxford and Portland, Oregon: Hart Publishing, pp. 1685-1700.
Rosas, A. (2009) ‘The European Union: in search of legitimacy’, in V. Jaichand and M. Suksi (eds) 60 Years of the Universal Declaration of Human Rights in Europe, Morsel: Intersentia, pp. 415 – 431.
Tassinari, F. (2013) ‘The foundation of Europe’s peace’, in 20 Years that changed Europe. The Copenhagen criteria and the Enlargement of Europe, Copenhagen: The Danish Ministry of Foreign Affairs, pp. 29-31.
Toggenburg , G.N. (2014) ‘The EU Fundamental Rights Agency and the Fundamental Rights Charter: how fundamental is the link between them?’, in Peers, S., Hervey, T., Kenner, J. , Ward, A. The EU Charter of Fundamental Rights, A Commentary, Oxford and Portland, Oregon: Hart Publishing, pp. 1613 - 1626.
van Haersolte, J. and Wiebenga, J.-K. (2013) ‘The role of the European Parliament in the fundamental rights architecture of the European Union’, in van Roosmalen, M., Vermeulen, B., van Hoof, F., Oosting, M. (eds) Fundamental Rights and Principles. Liber Amicorum Pieter van Dijk, Cambridge, Antwerp, Portland: Intersentia, pp. 153-171.
c) Journal articles
Benedek, W. (2012) ‘EU Action on Human and Fundamental Rights in 2011’, European Yearbook on Human Rights 2012, pp. 49-70.
Broberg, M. (2013) ‘From colonial power to human rights promoter: on the legal regulation of the European Union’s relations with the developing countries’, Cambridge Review of International Affairs, 26, 4, pp. 675-687.
D’Hollander, D., Marx, A., Wouters, J. (2014) ’Integrating human rights in EU development cooperation policy: achievements and challenges’, European Yearbook on Human Rights 2013, pp. 255-268.
III. Political factors
*A. Introduction
Human rights are deeply political. They are defined in a political context and by political actors or within political institution. They are used as political instruments in political campaigns. The definition of human rights norms and standards are political issues and sometimes highly contested (e.g. LGBTI (Lesbian, Gay, Bisexual, Transgender and Intersex) rights). They are embedded in a political structure, i.e. States, which on the one hand are one of the most serious human rights abusers and, on the other hand, have the duty to respect, protect and fulfil human rights. Thus, human rights play an important role not only as or in relation to political structures but also in the political process. Human rights are violated, abused, used, fought for or defended by political actors. This indicates that the political dimensions and aspects of human rights are complex and multi-layered. They refer to the nature and architecture of the political institutions and structures as well as other basic political concepts such as power, citizenship and political ideologies.
The question what are the political factors which enable or hinder the protection of human rights in general and concerning the European Union’s (EU) external and internal policies in particular is hard to grasp. Political factors that enable or hinder the protection of human rights involves taking into account several political dimensions:
Political activity and processes of political action (politics), which include a broad range of activities such as political negotiations about human rights standards, human rights activism such as those of non-governmental organisations (NGOs) or diverse forms of cooperation within and outside of established political structures. Addressing the question of political factors that enable or hinder the protection of human rights in this context involves, for example, analysing power relations between actors or taking into consideration the inclusiveness or exclusiveness of processes of participation in the political realm such as democratic processes.
Another dimension is the substance or content of political activities. Human rights policies include contentious and delicate issues and may contradict other norms and values such as hegemonic ideologies (e.g. nationalism, neo-liberalism).
Above all, human rights norms and standards are dependent on adequate political structures. The polity dimension is significant as it provides the context or framework in which human rights policies and politics are embedded. The most important political entity in this context is the State. State structures may hinder or facilitate human rights policies, they may provide a framework in which human rights are guaranteed or, on the contrary, are systematically violated. Another important structural dimension is the question of citizenship, which defines the relationship (rights and duties) between the individual and the community (States) and, thus, is quite a powerful instrument, which also determines different degrees of exclusion and inclusion.
The author of this chapter is Dr. Monika Mayrhofer, Ludwig Boltzmann Institute of Human Rights.
1. Structure and content of the chapter
The remarks above indicate several aspects or topics, which are not only key concepts of political science and discourse but also are crucial aspects concerning the guarantee and implementation of human rights.
These aspects form a crucial dimension when it comes to the question of political factors that enable or hinder human rights:
States and state sovereignty
Ideologies (Nationalism, Liberalism, Socialism, etc.)
Power
Citizenship
Democracy.
In the following chapter, each factor will be discussed in detail, starting with a definition or a discussion of concepts of each factor and followed by a short analysis on how this factor enables or hinders human rights protection in general. In conclusion, it will briefly be discussed in what way this factor may enable or hinder human rights protection in the EU.