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Monitoring Fundamental Rights in the EU
Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU’s constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.
eBook
Human Rights Law and Evidence-Based Policy
The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles. FRA’s experience as the first ‘embedded’ human rights agency in transnational governance is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA’s evidence-based policy advice, they also note its constraints. FRA’s policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency’s research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency’s role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.
eBook
Children's rights and educational policy in Europe: the implementation of the United Nations Convention on the Rights of the Child
This article aims to shed light on the impact of the United Nations Convention on the Rights of the Child (CRC) on education policy in Europe. The findings are based on a documentary analysis of the published reports of the Committee on the Rights of the Child (the Committee) on the implementation of the education rights in the CRC in every EU state. This included: a review of the state of children's rights to education in Europe as perceived by the Committee; a summary of the Committee's key recommendations for governments; and an assessment of whether the CRC can be considered to have influenced domestic education law and policies. The findings suggest that the CRC is having an impact on domestic education policy and that the child rights framework could be harnessed further by those seeking to influence government. The article concludes by reflecting on the factors which affect the processes of translating the CRC into policy and practice and explores the role that educationalists, both academic and practitioners, might play in its implementation.
Journal Article
No man’s land
From South Africa in the nineteenth century to Hong Kong today, nations around the world, including the United States, have turned to guestworker programs to manage migration. These temporary labor recruitment systems represented a state-brokered compromise between employers who wanted foreign workers and those who feared rising numbers of immigrants. Unlike immigrants, guestworkers couldn't settle, bring their families, or become citizens, and they had few rights. Indeed, instead of creating a manageable form of migration, guestworker programs created an especially vulnerable class of labor.
Based on a vast array of sources from U.S., Jamaican, and English archives, as well as interviews,No Man's Landtells the history of the American \"H2\" program, the world's second oldest guestworker program. Since World War II, the H2 program has brought hundreds of thousands of mostly Jamaican men to the United States to do some of the nation's dirtiest and most dangerous farmwork for some of its biggest and most powerful agricultural corporations, companies that had the power to import and deport workers from abroad. Jamaican guestworkers occupied a no man's land between nations, protected neither by their home government nor by the United States. The workers complained, went on strike, and sued their employers in class action lawsuits, but their protests had little impact because they could be repatriated and replaced in a matter of hours.
No Man's Landputs Jamaican guestworkers' experiences in the context of the global history of this fast-growing and perilous form of labor migration.
eBook
A Review Essay on the Measurement of Child Well-Being
Research on indicators related to the state of child well-being is a growing field that has experienced several changes over time. The growing supply of data on children, as well as the need to facilitate conclusions and to track trends, has led researchers to develop a number of child well-being indexes. This paper critically reviews the most recent and relevant child well-being indexes, i.e., the Index of Child and Youth Well-Being in the United States, the Child Well-being Index for the European Union, the Microdata Child Well-being Index, and the Deprivation Index. The study focuses primarily on the contributions and innovations the indexes have brought to the field, making a critical assessment of the methods used in the construction of the indexes and identifying their main limitations.
Journal Article
Rights of the Child and Early Childhood Education and Care in Europe
‘Securing the rights articulated in the Convention is an effective approach to improving the quality of early experiences.’ This article analyses early childhood education and care and child rights in early childhood and their relationship in the European Union. Both are primarily national competencies. The EU has limited access and tools to influence policies and practices, while there are many ways in which indirect interventions are not only possible, but greatly used, often in areas that do not seem to be closely related to the issues discussed here. Yet there is a strong desire and interest of the different EU institutions to encourage and support Member States to implement both ECEC targets and child rights. In this article, we show that, while ECEC has become an essential part of different policies at EU level, there have been efforts to implement and mainstream child rights, with special attention paid to specific dimensions in relation to early childhood policies and practices, but a child rights based approach is missing.
Journal Article
State rules: Oil companies and armed conflict in Sudan
The strategic behaviour of international oil companies in war-torn Sudan was overwhelmingly driven by political pressure from governments. After almost 20 years of operating in Sudan, the US giant Chevron was pushed to withdraw as a result of deteriorating relations between Washington and Khartoum. The Canadian flagship oil company, Talisman, which helped kick-start oil development after Chevron's exit also fell victim to Washington's ire. On the other hand, the European junior oil companies, Lundin and omv, protected by the European Union's political standpoint of 'constructive engagement' in Sudan, were free to profit. Finally, the eastern parastatals, led by a surging China, eager to capture international energy resources to fuel their budding economies and supported by the plural relationships fostered between their respective governments and the ruling, riverine elite in Khartoum, tactfully established a dominating presence. While fervent international human rights advocacy alone seemingly drove susceptible Western firms out of Sudan, the real power behind corporate movements came from the rules dictated by states.
Journal Article
Expelling the Victim by Demanding Voice: The Counterframing of Transnational Romani Activism
This article traces how Roma are crafting and changing their representation in the media and thus discursively moving from passive victims to active subjects by engaging in strategic framing and advocacy. I focus on public discussions of the French expulsion of Roma in the summer of 2010. The nature of the coverage and the engagement of Romani voices mark a shift away from the traditional trope of Roma as criminal, victim, or absent. This is part of a shifting process where Roma use media as a political tactic, even to mobilize transnationally as a subaltern counterpublic. This article demonstrates how the tactic of counterframing is employed within Romani and mainstream English-language media and how Roma engage in media activist strategies to shift the frame away from demands for Roma to prove their worth as humans to the need for members of the European Union to prove they are not engaged in systemic economic, political, and social human rights abuses.
Journal Article
Protecting Academic Freedom Worldwide
Describes the Network for Education and Academic Rights, which mobilizes transglobal academic communities to exert pressure on repressive regimes and to support the safety and freedom of members of the academic community. (EV)
Magazine Article