Out of the 26 NHRIs which responded to this survey, 15 NHRIs used the Charter in 2023 in their work in the context of education/training and awareness raising. Application of the Charter provisions when advising government was indicated by 11 NHRIs: the Austrian Ombudsman Board, the Federal Institute for the Protection and Promotion of Human Rights (FIRM) (Belgium), the Interfederal Centre for Equal Opportunity and the fight against racism and discrimination (Unia) (Belgium), the German Institute for Human Rights, the Netherlands Institute for Human Rights, the Consultative Human Rights Commission of Luxembourg, the Chancellor of Justice (Estonia), the Ombudsman of the Republic of Bulgaria, the Ombudswoman of the Republic of Croatia, the Commissioner for Administration and the Protection of Human Rights (Cyprus) and the Irish Human Rights and Equality Commission. Five NHRIs indicated that they use the Charter in litigation before courts, namely the Ombudswoman of the Republic of Croatia, the Danish Institute for Human Rights, the Irish Human Rights and Equality Commission, the Ombudsman of the Republic of North Macedonia, and the Swedish Equality Ombudsman. The Commissioner for Administration and the Protection of Human Rights (Cyprus) is the only institution that indicated that it applies the Charter in the context of mediation.
The Swedish Institute for Human Rights refers to the Charter in its legal opinions on the government’s legislative proposals. When it comes to accession countries, experiences differ. The EU Charter holds major significance for the People’s Advocate of the Republic of Albania, primarily in the areas of awareness raising, processing complaints and advising government. Following its attainment of FRA observer state status, Albania, alongside its NHRI, has expeditiously and proactively incorporated the principles outlined in the EU Charter into its operational framework. In contrast, the Ombudsman of the Republic of Serbia, in its reply, indicated that the use of the EU Charter does not constitute a foundational aspect of its operational framework.
Table 4 – Institutions that used the Charter of Fundamental Rights in their work in 2023 and the context in which it was used:
NHRI (or nearest equivalent)
Education / Training
Awareness raising
Processing complaints
Advising government
Litigation before court
Mediation
Other activities[5] Other mandates are spelled out in Table 3.
Austrian Ombudsman Board
Yes
Federal Institute for the Protection and Promotion of Human Rights (FIRM) (Belgium)
Research
Policy related communication
Interfederal Centre for Equal Opportunity and the fight against racism and discrimination (Unia) (Belgium)
Opinion on the digital divide
Commission for Protection against Discrimination (Bulgaria)
Ombudsman of the Republic of Bulgaria
Participation in a regional project on the topic.
Ombudswoman of the Republic of Croatia
Commissioner for Administration and the Protection of Human Rights (Cyprus)
Public Defender of Rights (Czechia)
Research Policy related communication *
Danish Institute for Human Rights
Equal treatment body
Chancellor of Justice (Estonia)
Supervision over conformity of acts of general application with constitutions and their legality (constitutional review)
Finnish Human Rights Centre
Statements to the ministries and parliamentary committees on legislative proposal
Participation in FRA’s Charter Expert Group
Parliamentary Ombudsman (Finland)
Yes *
National Consultative Commission on Human Rights (France)
German Institute for Human Rights
Greek National Commission for Human Rights
Office of the Commissioner for Fundamental Rights (Hungary)
Irish Human Rights and Equality Commission
National Guarantor for the Rights of Persons Detained or Deprived of Liberty **(Italy)
Ombuds institution’s Office of the Republic of Latvia
The Seimas Ombudsmen’s Office (Lithuania)
Consultative Human Rights Commission of Luxembourg
Human Rights and Equality Commission **(Malta)
Netherlands Institute for Human Rights
Commissioner for Human Rights (Poland)
Portuguese Ombudsman
People’s Advocate (Romania)
Romanian Institute for Human Rights
Slovak National Centre for Human Rights
Analysis
The Human Rights Ombudsman of the Republic of Slovenia
Ombuds institution of Spain
Equality Ombudsman (Sweden)
Institute for Human Rights (Sweden)
People's Advocate of the Republic of Albania
Ombudsman of the Republic of North Macedonia
Protector of Citizens of the Republic of Serbia
Note: * highlights changes in mandate since the December 2022 update; ** highlights NHRIs that have not provided answers to the survey.
Source: FRA, December 2023.
