FRA PROGRAMMING DOCUMENT, Study notes of Programming Methodologies

Download FRA PROGRAMMING DOCUMENT and more Study notes Programming Methodologies in PDF only on Docsity!

FRA

PROGRAMMING

DOCUMENT

Contents

Area of activity 4: Equality and discrimination based on any ground such as sex, race, colour, ethnic or

social origin, genetic features, language, religion or belief, political or any other opinion, membership of

a national minority, property, birth, disability, age or sexual orientation, or on the grounds of nationality

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021

List of Acronyms CEPOL The European Union Agency for Law Enforcement Training CJEU Court of Justice of the European Union CoE Council of Europe Convention 108 Convention for the Protection of Individuals with regard to automatic Processing of Personal Data CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CVW Convention on Preventing and Combating Violence against Women and Domestic Violence (‘Istanbul Convention’) EASO European Asylum Support Office ECDC European Centre for Disease Prevention and Control ECHR (as amended by Protocol 14) European Convention of Human Rights (Convention for the Protection of Human Rights and Fundamental Freedoms) ECRI European Commission against Racism and Intolerance ESC (1996) European Social Charter (1996 revised) ECtHR European Court of Human Rights EDPS European Data Protection Supervisor EEA European Economic Area EESC European Economic and Social Committee EFTA European Free Trade Association EIGE European Institute for Gender Equality EIO European Investigation Order EIT European Institute of Innovation and Technology EJNC European Judicial Cybercrime Network ELI European Law Institute ENISA European Union Agency for Network and Information Security ENNHRI European Network of national Human Rights Institutions ENO European Network of Ombudsmen EQUINET European Network of Equality Bodies EU European Union EU-LISA European Agency for the Operational Management of large-scale IT Systems in the Area of Freedom, Security and Justice EUROPOL European Police Office ESIF European Structural and Investment Funds FMO Financial Mechanism Office FRA European Union Agency for Fundamental Rights FRANET FRA research network FRONTEX European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union GDPR General Data Protection Regulation ICCPR International Covenant on Civil and Political Rights IGF Internet Governance Forum ILO International labour Organization INED National Institute for Demographic Studies IPO International Partner Organisation JHA Justice and Home Affairs LIBE The European Parliament Committee on Civil Liberties, Justice and Home Affairs NGO Non-Governmental Organisation NHRIs National Human Rights Institutions NLOs National Liaison Officers ODIHR Office for Democratic Institutions and Human Rights OECD Organisation for Economic Co-operation and Development OHCHR Office of the United Nations High Commissioner for Human Rights OSCE Organization for Security and Co-operation in Europe PNR Passenger Name Record TCN Third-country nationals TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union UN United Nations

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021

GENERAL CONTEXT

SECTION 1

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021

FRA’S VISION FRA delivers on its responsibility as the acknowledged, unique and independent centre of reference and excellence for the promotion and protection of the human rights of everyone in the European Union. FRA’S MANDATE The European Union Agency for Fundamental Rights (FRA) was set up to provide independent evidence-based assistance and expertise relating to fundamental rights, in the domain of European Union law. It supports EU institutions and bodies, as well as Member States (as far as they are acting within the scope of EU law). In this way, the Agency is delivering on its overall objective to support the EU and its Member States when they “take measures or formulate courses of action within their respective spheres of competence” so that they can “fully respect fundamental rights”. To achieve this objective, FRA collects and analyses comparable, objective and reliable information and data. The Agency situates its work in the wider context of the Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon treaty became a legally binding ‘bill of rights’ for the EU, when implementing Union law. FRA’s activities are organised around three main tasks: Data collection, research and analysis Providing independent evidence-based advice to policymakers, cooperating and networking with stakeholders Communicating the results of its work and raising awareness of fundamental rights FRA has the capacity to carry out scientific research and comparative analysis, follow cross-cutting trends, raise public awareness, and provide advice and guidance to national governments as well as to legislators at EU level. The Agency disposes over various networks of national liaison officers, parliamentary officers, civil society organisations, human rights bodies and research institutions, allowing it to reach out to the various relevant contexts. Against this background, the Agency has developed into an independent centre of excellence across all areas of its work supporting the work of the European Parliament, the Council of the EU, the European Commission, other EU bodies and the EU Member States alike. It carries out its tasks in complete independence. FRA’s Management Board is composed of independent persons appointed by each of the 28 EU Member States and the Council of Europe, and two representatives of the European Commission. Each member may be assisted by an alternate member who is selected according to the same procedure. The Scientific Committee which plays a statutory role guarantees the scientific quality and rigour of the Agency’s work. “ ” 1 2 3

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021

A five-year Multiannual Framework, which the Council of the European Union adopts after consultation with the European Parliament, determines FRA’s thematic areas of work. Bearing in mind the objectives of the Agency’s foundation and with due regard to its financial resources, the Agency shall carry out its tasks within the following thematic areas (according to the draft Council Decision establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for 2018–2022):

a) Victims of crime and access to justice;

b) Equality and discrimination based on any ground such as sex, race, colour, ethnic or social

origin, genetic features, language, religion or belief, political or any other opinion, membership

of a national minority, property, birth, disability, age or sexual orientation, or on the grounds of

nationality;

c) Information society and, in particular, respect for private life and protection of personal data;

d) Judicial cooperation, except in criminal matters;

e) Migration, borders, asylum and integration of refugees and migrants;

f) Racism, xenophobia and related intolerance;

g) Rights of the child;

h) Integration and social inclusion of Roma.

When requested by an EU institution, the Agency can also work outside these thematic areas. In addition to the above, based on its founding regulation, the Agency develops activities in the field of promotion of fundamental rights and capacity building.

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

The Agency’s multi-annual programming is based on FRA's 2018-2022 Multiannual Framework^1 (MAF) and it is divided into a multi-annual and an annual component. The multi-annual component is based on the FRA Strategy 2018 – 2022 that was prepared by FRA operational services and discussed and adopted by the Management Board of the Agency in 2017. The document is characterised by the following multi-annual priorities that mark the activities on which the Agency will primarily focus: STRATEGIC PILLARS

 Identifying trends: collecting and analysing comparable data and evidence

 Contributing to better law making and implementation: providing independent advice

 Supporting rights-compliant policy responses: providing a real-time assistance and expertise

 Effectively promoting rights, values and freedoms

 Strengthening cooperation with national and local fundamental rights actors: working with

communities of support

The multi-annual programme consists in different strategic areas of operation which describe the actions and steps to be taken in order to achieve the Agency’s objectives. Such strategic areas of operation are internally referred to as ‘policy clusters’ and they have been created without prejudice to the areas of activity determined by the MAF 2018 - 2022. Within these clusters, FRA areas of activity will be described in line with the current MAF. STRATEGIC AREAS OF OPERATION

 Justice

 Privacy

 Equality

 Migration

 Racism

 Commitment

(^1) At its session on 7-8 December, the Council of the European Union adopted its Decision establishing a multiannual framework for the EU Agency for Fundamental

Rights for 2018- 2022.

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

STRATEGIC PILLARS

IDENTIFYING TRENDS: COLLECTING AND ANALYSING COMPARABLE DATA AND EVIDENCE The Agency’s founding regulation tasks it to “develop methods and standards to improve the comparability, objectivity and reliability of data at European level” (Article 4.1.b). To this end, the Agency will further enhance its work in collecting and analysing data on the experiences of various population groups and in specific fundamental rights areas, which are often not the subject of data collection at EU and Member State level. In this regard, the Agency is often a unique source of comparable data for the EU. It will continue to build on its established reputation in qualitative and quantitative research with a particular emphasis on large-scale quantitative survey research, which allows for the analysis of trends over time. The Agency will also explore new areas for data analysis in the fundamental rights field, including the use of ‘big data’ for the identification of trends. Its annual Fundamental Rights Report on the situation of fundamental rights in the EU will be developed further to underscore the identification of trends in specific areas. OBJECTIVES Generating comparable, robust and reliable data and evidence to identify trends in the fulfilment of fundamental rights FRA’s data collection will continue as a cornerstone of its work. Its data collection ranges from desk research (collecting and analysing existing material, ranging from national statistical data to case law, governmental and non-governmental reports, and academic studies) to the generation of ‘primary’ data through quantitative and qualitative fieldwork research. The Agency’s EU-wide surveys that are planned, together with work by its research network FRANET, and other multi-annual research projects will be the main vehicles to collect robust and reliable evidence. This will enable the Agency to identify trends in the fulfilment of fundamental rights. Developing and using fundamental rights indicators to benchmark gaps and achievements By developing and applying fundamental rights indicators, when appropriate, FRA will fine-tune its data collection efforts to suit evolving policy needs. The Agency populates fundamental rights indicators with its primary data alongside other data sources. A key consideration during 2018-2022 will be to link the Agency’s work on indicators to indicators used in the context of EU processes – such as ‘Europe 2020’ – and the UN Sustainable Development Goals. Data analysed by the Agency can play an important role in the assessment of compliance to fundamental rights PILLAR

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

STRATEGIC PILLARS CONTRIBUTING TO BETTER LAW MAKING AND IMPLEMENTATION: PROVIDING INDEPENDENT ADVICE FRA’s analysis of the practical implementation of law at Member State level, covering its Multiannual Framework areas, as well as in other areas at the specific request of EU institutions, is a cornerstone of its work. The production of targeted, comprehensive opinions – at the request of EU institutions – on proposed EU law is an increasingly important component of the agency’s work and contributes directly to better law making. Building on the Agency’s overall objective to support the EU institutions and Member States to “fully respect fundamental rights”, and in line with Article 16 of the Agency’s founding regulation, this priority will further strengthen the Agency’s position as an expert body that fulfils its tasks – contributing to better law making and its implementation in the EU – in complete independence. OBJECTIVES Strengthening FRA's role as an independent core actor in informing EU law and policymaking To provide support to EU institutions, the Agency will continue to map comprehensively the practical implementation of EU law and provide legal analyses of key fundamental rights areas covered by its Multiannual Framework, as well as on other areas upon request by EU institutions. The Agency’s socio- legal approach, whereby the implementation of law is assessed through the experiences of rights holders and duty bearers in practice, has proved instrumental in identifying key fundamental rights concerns. The Agency will systematically promote this approach in its work with EU institutions. Providing, upon request by EU institutions, opinions on the compatibility of legislative proposals with fundamental rights Following the model of the European Data Protection Supervisor, who regularly issues opinions on legislation relevant to data protection, FRA can encourage EU institutions to request more regularly independent expertise on the fundamental rights compliance of legislative proposals. Providing fundamental rights advice to EU Member States when they are implementing EU law drawing on FRA expertise and evidence The provision of fundamental rights expertise to EU Member States could become a more regular feature of the Agency’s work. This could range from direct assistance to Member States, through to general expertise on fundamental rights issues in the context of EU experience-sharing, alongside targeted support related to capacity-building on monitoring and evaluation practices, and the development of practical tools. PILLAR

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

The focus of FRA work will be on:  Providing evidence-based assistance and expertise in areas of the Multiannual Framework, as well as upon request in other areas  Developing conclusions and opinions on specific thematic topics, as well as opinions that concern proposals from the European Commission or positions taken by EU institutions in the course of legislative procedures where the respective institution has made a request  Supporting EU institutions in their impact assessment work  Assisting EU institutions in developing evidence- based and fundamental rights compliant policy proposals  Delivering technical assistance and expertise on fundamental rights issues to national authorities, when requested, in areas of EU competence

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

The focus of FRA work will be on:  Providing key deliverables – in the form of reports/papers/legal opinions – which correspond to core and urgent EU policies relating to fundamental rights  Providing expertise and input to national authorities and EU actors, including – where relevant – for training on fundamental rights in the context of EU priorities, such as the disbursement of European Structural and Investment Funds (ESIF).  Being present in the field in selected EU Member States in specific areas of the Agency’s work – such as in the asylum field – in order to provide real- time advice and expertise  Identifying risks, as well as potential ones, to fundamental rights through regular mapping of the fundamental rights situation in the EU in the Agency’s thematic areas of work  Following-up systematically through frequent/regular reporting in selected cases, such as the monthly reports on the migration situation in the EU

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

STRATEGIC PILLARS EFFECTIVELY PROMOTING RIGHTS, VALUES AND FREEDOMS Work under this priority would ensure that the Agency delivers on its objective of raising awareness, communicating on and promoting fundamental rights. In this context, the Agency seeks to address communication as a two-way process: ‘Communicating rights’ means to listen and to engage with the Agency’s audiences, ranging from the governance level to the people on the ground, while also supporting civic education. Coordinating communication strategies or delivering communication outputs together with key human rights actors – such as the Council of Europe, the Organization for Security and Co-operation in Europe (OSCE) or the United Nations – will serve as an important multiplier of impact. OBJECTIVES Raising systematically awareness of the need to respect, protect, promote and fulfill fundamental rights in the EU The Agency will continue to engage in awareness raising activities to contribute in a meaningful way to strengthening a culture of protecting, promoting and fulfilling fundamental rights in the EU. Rights have to be actively promoted at all levels of governance: at the EU level, nationally, regionally and locally to create awareness of and access to fundamental rights. To achieve this, FRA will work closely together with EU institutions, Member States, national human rights institutions, civil society and other actors. Creating a safe and inclusive space for dialogue with key and new actors to respond to pressing human rights challenges and shape critical agendas The Agency will offer a safe and inclusive space for dialogue on the pressing human rights challenges in the EU; this space for dialogue shall become a continuous process shaping critical human rights agendas and communicating rights. This will be done by engaging with a wider, and more local and grassroots audience. The Agency’s Fundamental Rights Forum will be one of the key drivers to reach this objective, since the forum will foster partnerships among communities and institutions which rarely engage with each other, including the world of business, arts and existing human rights communities. The Agency will also systematically engage with new stakeholders groups. Furthermore, the Agency will foster ‘FRA communities’, including civil society, in the EU Member States. Ensuring smart communications to maximise the effect of FRA outputs In human rights, effective communication is about sustaining support for these rights, influencing change leaders and raising awareness among rights holders. To communicate effectively with the public, media, policymakers and ‘influencers’, institutions like FRA will need to communicate in a way that is unlike an institution. FRA will have to boost its capacity of speed, agility, flexibility, imagination and novelty in its PILLAR

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

STRATEGIC PILLARS STRENGTHENING COOPERATION WITH NATIONAL AND LOCAL FUNDAMENTAL RIGHTS ACTORS: WORKING WITH COMMUNITIES OF SUPPORT At EU Member State level, the Agency will need to increase the visibility of its interactions with national human rights actors. Moreover, it will further boost the relevance and impact of its evidence and fundamental rights assistance and support at national and local level, including public authorities and civil society organisations. In cooperation with other EU actors, FRA could function as a catalyst in demonstrating the importance which the EU attaches to fundamental rights and their promotion at national level. This will also underpin the relevance of independent national institutions for a ‘healthy’ human rights system. To support this ambition, the Agency will convene national actors to discuss and address specific human rights issues of particular national relevance, as was done, for example, regarding hate crime and Roma integration. The Agency will expand this practice to other selected areas of its work and use the outcome of such discussions to develop further its work in a particular area. Staff of national human rights actors could be seconded to FRA, thereby enabling a mutual exchange of expertise and underpinning inter-institutional cooperation. OBJECTIVES Enhancing relevance and impact of FRA evidence and advice on fundamental rights at national and local level Emphasis will be given to the national and local level by building-up the Agency’s Member State knowledge and data on national human rights plans of action and infrastructures, including creating space to enable civil society to act. This will allow the Agency to support a more targeted cooperation with local authorities, national human rights institutions, equality bodies, other human rights actors, ombuds institutions, national administrations and civil society. The Agency will pay particular attention to publish its research findings on national-level data, which will be alongside its core mandate to collect and publish comparable EU data on fundamental rights. This will promote the use of the Agency’s findings by authorities and civil society organisations at the national and local level. Supporting further the strengthening of the capacity of national and local human rights actors By providing its support and expertise, the Agency aims to strengthen human rights capacities in EU Member States to better promote fundamental rights at all governance levels. The Agency’s input will build on existing national action plans on human rights and key government programmes, as well as on feedback PILLAR

FRA DRAFT PROGRAMMING DOCUMENT 2019- 2021 MULTI-ANNUAL PROGRAMMING 2019- 2021

from civil society, national human rights institutions, equality bodies and ombuds institutions as guidance for developing activities. Such activities will be implemented in partnership with the FRA community of stakeholders, in order to streghten human rights communities in a sustainable manner. To this end, FRA will engage in strategic partnerships, such as funders and foundations or national human rights institutions, to roll out activities in Member States. Assisting national authorities in developing data collection to create evidence-based approaches to rights protection and promotion across EU Member States Drawing on its expertise in data collection covering diverse fundamental rights fields, the Agency can offer this expertise to national authorities and associated organisations concerning the collection and analysis of data – for example, with respect to compliance with key fundamental rights indicators. Working closely with national organisations, alongside EU and international data collectors (such as Eurostat and the United Nations), can further support the Agency’s standing as a centre of excellence for fundamental rights data. The focus of FRA work will be on:  Empowering and providing tailored capacity building of the national human rights infrastructure in selected EU Member States, including the promotion of the EU Charter of Fundamental Rights  Cooperating and creating synergies specifically with national human rights institutions, equality bodies and other human rights actors and ombuds institutions  Developing FRA communities of support at Member State level, as a hub for increased dissemination, uptake and implementation of FRA data, findings and opinions, building on promising practices of FRA’s national networks and following country specific approach  Analysing challenges and threats to civil society’s role and space in the EU, and promoting the Agency’s evidence-based advice to EU institutions and Member States to enable civil society to take its full role in EU policymaking  Promoting human rights-based governance with local authorities, in cooperation with relevant international and European partners, national association of regions and cities, and key EU cities’ networks  Enhancing the publication of the Agency’s data concerning national level findings, while exploring different outreach possibilities including language versions  Facilitating, in cooperation with the European Commission, the work of the Sub-group of Member States on methodologies for recording and collecting data on hate crime, and contributing to the EU’s High-level Group on combating racism, xenophobia and other forms of intolerance  Enhancing visibility, relevance, use and timeliness of FRA national data by national actors