Article 47 - Right to an effective remedy and to a fair trial

Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU - Volume II: field perspectives and legal update
October
2017

Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU - Volume II: field perspectives and legal update

Report
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.
Ensuring justice for hate crime victims: professional perspectives - Summary
April
2017

Ensuring justice for hate crime victims: professional perspectives - Summary

Report summary
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.
Child-friendly justice - Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States
February
2017

Child-friendly justice - Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States

Report
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. FRA investigated to what extent children’s rights to be heard, to be informed, to be protected, and to non-discrimination are fulfilled in practice.
Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries
December
2016

Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries

Paper
EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This guidance outlines specific suggestions on how to reduce the risk of refoulement in these situations – a practical tool developed with the input of experts during a meeting held in Vienna in March of 2016.
Scope of the principle of non-refoulement in contemporary border management: evolving areas of law
December
2016

Scope of the principle of non-refoulement in contemporary border management: evolving areas of law

Report
EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This report aims to encourage fundamental-rights compliant approaches to border management, including by highlighting potential grey areas.
Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers
November
2016

Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers

Report
EU Member States have largely implemented, and started applying, three instruments on transferring prison sentences, probation measures and alternative sanctions, as well as pre-trial supervision measures, to other Member States. This report provides an overview of their first experiences with these measures, highlighting both best practices and shortcomings.
Rights of suspected and accused persons across the EU: translation, interpretation and information
November
2016

Rights of suspected and accused persons across the EU: translation, interpretation and information

Report
Protecting the human rights of individuals subject to criminal proceedings is an essential element of the rule of law. Persons who are suspected or accused of crimes in countries other than their own are particularly vulnerable, making appropriate procedural safeguards especially crucial. This report reviews Member States’ legal frameworks, policies and practices regarding the important rights provided in these directives, including with respect to individuals whose needs may require additional attention, such as persons with disabilities and children.
Handbook on European law relating to access to justice
June
2016

Handbook on European law relating to access to justice

Handbook
Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.
Asylum and migration into the European Union in 2015
May
2016

Asylum and migration into the European Union in 2015

Annual report
This Focus takes a closer look at asylum and migration issues in the European Union (EU) in 2015. It looks at the effectiveness of measures taken or proposed by the EU and its Member States to manage this situation, with particular reference to their fundamental rights compliance.
Ensuring justice for hate crime victims: professional perspectives
April
2016

Ensuring justice for hate crime victims: professional perspectives

Report
Hate crime is the most severe expression of discrimination, and a core fundamental rights abuse. Various initiatives target such crime, but most hate crime across the EU remains unreported and unprosecuted, leaving victims without redress. To counter this trend, it is essential for Member States to improve access to justice for victims. Drawing on interviews with representatives from criminal courts, public prosecutors’ offices, the police, and NGOs involved in supporting hate crime victims, this report sheds light on the diverse hurdles that impede victims’ access to justice and the proper recording of hate crime.
Severe labour exploitation: workers moving within or into the European Union - Summary
March
2016

Severe labour exploitation: workers moving within or into the European Union - Summary

Report summary
Worker exploitation is not an isolated or marginal phenomenon. But despite its pervasiveness in everyday life, severe labour exploitation and its adverse effects on third-country nationals and EU citizens – as workers, but also as consumers – have to date not received much attention from researchers. This report identifies risk factors contributing to such exploitation and discusses means of improving the situation and highlights the challenges EU institutions and Member States face in making the right of workers who have moved within or into the EU to decent working conditions a reality.
Professionally speaking: challenges to achieving equality for LGBT people
March
2016

Professionally speaking: challenges to achieving equality for LGBT people

Report
The fundamental rights of lesbian, gay, bisexual and transgender (LGBT) people are often not respected across the EU. Public officials and other professionals in education, healthcare and law enforcement are entrusted with the duty to ensure that everyone’s fundamental rights are protected and promoted.
Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU - Summary
November
2015

Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU - Summary

Report summary
In April 2014, the European Parliament requested the European Union Agency for Fundamental Rights (FRA) “to undertake in–depth research on the protection of fundamental rights in the context of surveillance”. This summary presents FRA’s main research findings, which are published in full in the report entitled Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU – Mapping Member States’ legal frameworks.
Promoting respect and diversity - Combating intolerance and hate
September
2015

Promoting respect and diversity - Combating intolerance and hate

Paper
Regardless of ethnic origin, religion or belief, everyone living in the Union has a fundamental right to be treated equally, to be respected and to be protected from violence. This contribution paper to the Annual Colloquium on Fundamental Rights provides evidence of the fact that such respect is lacking, and suggests ways in which governments can ensure they fulfil their duty to safeguard this right for everyone living in the EU.
Severe labour exploitation: workers moving within or into the European Union
June
2015

Severe labour exploitation: workers moving within or into the European Union

Report
Worker exploitation is not an isolated or marginal phenomenon. But despite its pervasiveness in everyday life, severe labour exploitation and its adverse effects on third-country nationals and EU citizens – as workers, but also as consumers – have to date not received much attention from researchers.
Being Trans in the EU – Comparative analysis of the EU LGBT survey data – Summary
May
2015

Being Trans in the EU – Comparative analysis of the EU LGBT survey data – Summary

Report summary
Trans persons, or those whose gender identity and/or gender expression differs from the sex assigned them at birth, face frequent discrimination, harassment and violence across the European Union (EU) today. This reality triggers fears that persuade many to hide or disguise their true selves. This report examines issues of equal treatment and discrimination on two grounds, namely sexual orientation and gender identity.
Child-friendly justice – Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States
May
2015

Child-friendly justice – Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States

Report
Each year thousands of children take part in criminal and civil judicial proceedings, affected by parental divorce or as victims or witnesses to crime. Such proceedings can be stressful for anyone. The European Union Agency for Fundamental Rights (FRA) investigated whether children’s rights are respected in these proceedings.
Child-friendly justice – perspectives and experiences of professionals – Summary
May
2015

Child-friendly justice – perspectives and experiences of professionals – Summary

Report summary
Making justice systems more child‑friendly improves the protection of children, enhances their meaningful participation and at the same time improves the operation of justice. The findings in this summary can provide Member States with useful tools to identify barriers, gaps or weaknesses in their judicial proceedings, especially in the process of transposing and implementing relevant EU directives. Also available in BG - CS - DA - DE - EL - ES - ET - FI - FR - HR - HU - IT - LV - LT - MT - PL - PT - RO - SK - SK - SV
Victims of crime in the EU: the extent and nature of support for victims - Summary
February
2015

Victims of crime in the EU: the extent and nature of support for victims - Summary

Report summary
This summary outlines the research findings of the EU Agency for Fundamental Rights (FRA) on support services for victims of crime across the EU from a fundamental rights perspective. It gives an overview of how current victim support service provision across the 28 EU Member States compares in practice with the objectives and goals for victim support set out by the Victims’ Directive. The focus is on the directive’s Articles 8 and 9 on support services, although other closely related provisions are also considered.
Victims of crime in the EU: the extent and nature of support for victims
January
2015

Victims of crime in the EU: the extent and nature of support for victims

Report
The rights of victims of crime to access justice and to be protected against repeat victimisation may remain illusory in practice if the victim fails to receive professional advice and support. This research by the European Union Agency for Fundamental Rights (FRA) examines support service provision for such victims across the 28 EU Member States, in line with the 2012 EU Victims’ Directive. It focuses not on abstract fundamental rights standards but on the final practical results.
Being Trans in the EU - Comparative analysis of the EU LGBT survey data
December
2014

Being Trans in the EU - Comparative analysis of the EU LGBT survey data

Report
Trans persons, or those whose gender identity and/or gender expression differs from the sex assigned them at birth, face frequent discrimination, harassment and violence across the European Union (EU) today. This reality triggers fears that persuade many to hide or disguise their true selves. This report examines issues of equal treatment and discrimination on two grounds, namely sexual orientation and gender identity. It analyses data on the experiences of 6,579 trans respondents from the EU Lesbian, gay, bisexual and transgender (LGBT) survey, the largest body of empirical evidence of its kind to date.
Fundamental rights at land borders: findings from selected European Union border crossing points
November
2014

Fundamental rights at land borders: findings from selected European Union border crossing points

Report
Together with two FRA sister reports on the EU’s air and southern sea borders, this report’s findings serve to inform EU and Member State practitioners and policy makers of fundamental rights challenges that can emerge at land borders. Increased awareness should also help to create a shared understanding among border guards of what fundamental obligations mean for their daily work, ultimately enhancing fundamental rights compliance at the EU’s external borders.
Handbook on European law relating to asylum, borders and immigration
June
2014

Handbook on European law relating to asylum, borders and immigration

Handbook
The Handbook on European law relating to asylum, borders and immigration is jointly produced by the European Court of Human Rights and the FRA. It examines the relevant law in the field of asylum, borders and immigration stemming from both European systems: the European Union and the Council of Europe. It provides an accessible guide to the various European standards relevant to asylum, borders and immigration.
Violence against women: an EU-wide survey. Main results report
March
2014

Violence against women: an EU-wide survey. Main results report

Report
This FRA survey is the first of its kind on violence against women across the 28 Member States of the European Union (EU). It is based on interviews with 42,000 women across the EU, who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence (‘domestic violence’).
Violence against women: an EU-wide survey. Results at a glance
March
2014

Violence against women: an EU-wide survey. Results at a glance

Report summary
Violence against women undermines women’s core fundamental rights such as dignity, access to justice and gender equality. For example, one in three women has experienced physical and/or sexual violence since the age of 15; one in five women has experienced stalking; every second woman has been confronted with one or more forms of sexual harassment.
Access to data protection remedies in EU Member States
January
2014

Access to data protection remedies in EU Member States

Report
Technological advances make it ever more important to safeguard the right to personal data, which is enshrined in the Charter of Fundamental Rights of the European Union. Data protection violations arise principally from internet‑based activities, direct marketing and video surveillance, perpetrated by, for example, government bodies or financial and health institutions, research by the European Union Fundamental Rights Agency (FRA) shows.
Discrimination and hate crime against Jews in EU Member States: experiences and perceptions of antisemitism
November
2013

Discrimination and hate crime against Jews in EU Member States: experiences and perceptions of antisemitism

Report
This FRA survey is the first-ever to collect comparable data on Jewish people’s experiences and perceptions of antisemitism, hate-motivated crime and discrimination across a number of EU Member States, specifically in Belgium, France, Germany, Hungary, Italy, Latvia, Sweden and the United Kingdom. Its findings reveal a worrying level of discrimination, particularly in employment and education, a widespread fear of victimisation and heightening concern about antisemitism online.
Jewish people's experience of discrimination and hate crime in European Union Member States
November
2013

Jewish people's experience of discrimination and hate crime in European Union Member States

Factsheet
Jewish people across the European Union (EU) continue to face insults, discrimination, harassment and even physical violence which, despite concerted efforts by both the EU and its Member States, show no signs of fading into the past. Although many important rights are guaranteed legally, widespread and long-standing prejudice continues to hinder Jewish people’s chances to enjoy these rights in reality.
Fundamental rights at Europe’s southern sea borders - Summary
August
2013

Fundamental rights at Europe’s southern sea borders - Summary

Report summary
This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as general issues such as European Union (EU) policy, training and Frontex-coordinated operations, and examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.
EU solidarity and Frontex: fundamental rights challenges
August
2013

EU solidarity and Frontex: fundamental rights challenges

Report
The majority of irregular arrivals by sea to the European Union (EU) occur in the Mediterranean. Although the phenomenon is not widespread throughout the EU, it affects the EU as a whole. This publication reviews the solidarity measures the EU has established to support those countries most affected by irregular arrivals by sea. It will focus on the fundamental rights challenges raised by such measures but will not discuss whether these measures are sufficient and adequate for genuinely sharing the costs associated with the arrivals. This publication will also touch upon EU funding instruments and intra-EU relocation from Malta and more thoroughly describe the operational cooperation with Frontex.
Fundamental rights at Europe’s southern sea borders
March
2013

Fundamental rights at Europe’s southern sea borders

Report
This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as training and Frontex-coordinated operations. It examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.
Access to justice in cases of discrimination in the EU – Steps to further equality
December
2012

Access to justice in cases of discrimination in the EU – Steps to further equality

Report
The principle of non-discrimination is firmly established in European Union (EU) legislation and includes provisions relating to access to justice. This report examines the process of seeking redress in cases of discrimination. It provides a detailed analysis of what the EU Member State bodies that deal with cases of discrimination do to support possible victims of discrimination and to offer them redress. It examines the factors obstructing effective remedies, such as the complexity of the complaints system, which discourage people from bringing cases and reinforce victims’ feelings of helplessness
EU-MIDIS Data in Focus Report 6: Minorities as Victims of Crime
November
2012

EU-MIDIS Data in Focus Report 6: Minorities as Victims of Crime

Data in focus
This EU-MIDIS Data in focus report 6 presents data on respondents’ experiences of victimisation across five crime types: theft of or from a vehicle; burglary or attempted burglary; theft of personal property not involving force or threat (personal theft); assault or threat; and serious harassment. The European Union Minorities and Discrimination Survey (EU-MIDIS) is the first EU-wide survey to ask 23,500 individuals with an ethnic and minority background about their experiences of discrimination and criminal victimisation in everyday life.
Hate crime in the European Union
November
2012

Hate crime in the European Union

Factsheet
Despite EU Member States’ efforts to combat discrimination and intolerance, including hate crime, there are indications that the situation is not improving. Continued and renewed violations of the fundamental rights of people living within the EU have instead been witnessed over the past few years, through verbal abuse, physical attacks or even murders motivated by prejudice.
Making hate crime visible in the European Union: acknowledging victims' rights
November
2012

Making hate crime visible in the European Union: acknowledging victims' rights

Report
Discrimination and intolerance persist in the European Union (EU) despite the best efforts of Member States to root them out, FRA research shows. Verbal abuse, physical attacks and murders motivated by prejudice target EU society in all its diversity, from visible minorities to those with disabilities. This FRA report is designed to help the EU and its Member States to tackle these fundamental rights violations both by making them more visible and bringing perpetrators to account.
Handbook on the establishment and accreditation of National Human Rights Institutions in the European Union
October
2012

Handbook on the establishment and accreditation of National Human Rights Institutions in the European Union

Handbook
National Human Rights Institutions (NHRIs) protect and promote human rights at the national level, tackling systemic problems and raising fundamental rights awareness. To equip NHRIs to perform their role well, they should have, among other qualities, independence, powers and a broad mandate, in accordance with the so-called ‘Paris Principles’ which were adopted by the United Nations General Assembly in 1993 and set forth the primary minimum standards for an effective NHRI.
March
2011

Access to justice in Europe

Factsheet
According to international and European human rights law, EU Member States must guarantee everyone the right to go to court, or to an alternative dispute resolution body, and to obtain a remedy when their rights are violated. This factsheet provides information on access to justice, focusing on non-discrimination law, excluding criminal law.
Access to justice in Europe: an overview of challenges and opportunities
March
2011

Access to justice in Europe: an overview of challenges and opportunities

Report - comparative
This report provides an EU-wide comparative analysis of the effectiveness of access to justice, across the EU Member States. Launched on 23 March at the conference "Protecting victims in the EU: the road ahead" hosted in Budapest by the Hungarian Presidency of the Council of the EU with the support of the FRA, the report emphasises obstacles making it difficult for victims to enforce their rights.
Detention of third country nationals in return procedures
November
2010

Detention of third country nationals in return procedures

Report - thematic
The Fundamental Rights Agency (FRA) examined law and practice in the EU 27 on the deprivation of liberty of irregular migrants pending their removal against the applicable international human rights law framework.
Access to effective remedies: The asylum-seeker perspective
September
2010

Access to effective remedies: The asylum-seeker perspective

Report - thematic
Drawing on evidence from interviews with almost 900 asylum seekers, this report presents asylum-seeker experiences in submitting an appeal against a negative asylum decision. While documenting good practices, it also highlights several obstacles which make it difficult for asylum applicants to access effective remedies.
The duty to inform applicants about asylum procedures: The asylum-seeker perspective
September
2010

The duty to inform applicants about asylum procedures: The asylum-seeker perspective

Report - thematic
A fair asylum procedure is one where applicants know their rights and duties, and where they understand its different stages. The right to be informed at decisive moments of the procedure is an important element of procedural fairness. Drawing on evidence from interviews with almost 900 asylum seekers, this report examines the information that asylum seekers have on the asylum procedure. In particular, it looks at the main source of information for asylum seekers, which type of information they receive, and when and how they receive it.
National Human Rights Institutions in the EU Member States (Strengthening the fundamental rights architecture in the EU I)
May
2010

National Human Rights Institutions in the EU Member States (Strengthening the fundamental rights architecture in the EU I)

Report - comparative
Human rights are first and foremost to be addressed at the national level. National human rights institutions (NHRIs) play an important role in the human rights architecture at the national level. This report by the European Union Agency for Fundamental Rights (FRA), is intended to identify gaps and concerns in the fundamental rights architecture in the European Union.